Resolution-PC 98-106RESOLUTIOiU NO PC98-106
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3843
WHEREAS, on June 10, 1996, the Planning Commission adopted Resolution No. PC96-55,
approving Conditional Use Permit No. 3843 to permit used automobiie sales and automotive vehicle repair
with retail sales and installation of accessory automobile parts in a former gasoline service station at 2600
West Lincoln Avenue (southwest corner of Lincoln Avenue and Magnolia Avenue); and that said
resolution included a number of conditions, including Condition No. 2 which limited the use permit to a
period of one year; and
WHEREAS, on November 10, 1997, the Planning Commission adopted Resolution No.
PC97-158, amending Condition No. 2 of Resolution No. PC95-55 and permitting the use for an additional
year until June 10, 1998; and
WHEREAS, this property is deveioped with an approximately 1,586 sq. ft. former gasoiine
service station building utilized for tire sales and installation, automobile repair with accessory sales of
parts, and used automobile sales (Texaco Wheel Service); tliat the property is zoned CL (Commercial,
Limited) and is located in Community Planning Area No. 3 and aiso in the West Anaheim Commercial
Corridor Redevelopment Area; and
WHEREAS, the petitioner has requested, pursuant to Code Section 18.03.093 of the
Anaheim Municipal Code, that this use permit be reinstated and that Condition No. 2(permitting the use
for one year until ; une 10, 1998) be deleted; and
WHcREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaf~eim on July 6, 1998, at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in conneclion therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find
and determine the following facts:
4. That, as discussed in paragraph (10) of Item No. 11 of the Juiy 6, 1998 Staff Report to the
Planning Commission, Code Enforcement inspection of the property revealed that certain conditions
originally approved in connection with this use permit were not being complied with and, thereiore, the
Planning Commission has amended the use permit and added certain conditfons of approval, including
that the use shall expire on June 10, 1999.
2. That, as conditioned herein, this use permit will be exercised fn substantially the same
manner and in conformance with all cond(tions and stipulaQons or(ginally approved by the approval body.
3. That, as conditioned herain, this use permit will be exercised in a manner not detrimental to
the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
4. That one person spoke fn favor oF the request at the pubiic hearing; that one person spoke
with concerns; and that no corrospondence was received in opposition to lhis petition.
CR3353PL.DOC -1- PC98-106
CALIFORNIA FNVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the propnsal and does hereby find that the Negative Declaration
previously approved in connection with Conditionai Use Permit No. 3843 is adequate to serve as the
required environmental documentation in connection with this request upon fnding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that ihe Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 3843 and amend Resolution No. PC96-55, adopted in
connection with said use permit and amended by Resoiution No. PC97-158, as follows:
(a) Amend Condition Nos. 2, 12 and 13 to read:
That this use permit shall expire on June 10, 1999.
12. (a) That the existing wrought-iron fence enclosing the exterior storage area to the south
and west sides of the building may be permitted to remain so that the cars for sale may
be enclosed at night for security purposes; and
(b) That no inoperable vehicles or parts shall be stored in this area and that all work on
vehicles shall be conducted wholly inside the building; and
(c) That the business owner agreed at the public hearing to painting the easterly wrought
iron fence white to match the westerly wrought iron fence.
13. That within a period of three (3) months from the date of this resolution, the trash enclosure
shail be reiocated to the west side of the existing building. The doors (openings) of the trash
enclosure shall not be oriented toward Lincoln Avenue; and, further, that vines shaA be
pl_nted adjacent to the walls of the trash enclosure to provide screening of the enclosure and
to prevent graffiti oppoRunities. The exact location of the trash enclosure (on the west side of
the building) shall be subject to the review and approval of the Department of Public Works,
Sanitation Division.
(b) Add new Condition No. 22, to read:
22. That subject facflity shali be subject to monthly inspecti ns by the Cibf Code Enforcemant
Division. The cost of such inspections shall be paid for 6. e operator of subject facility.
THE FOREGOING RESOLUTION a adopted a P~anning Commission meeting of
July 6, 1998. , ~- ,
~~ /
CHAIRPER N, ANA IM CITY PLANNING COMMISSION
ATfCST:
` ~~l.liJ
SECRETARY, AHEIM CIIY PLANNING CO~MISSIOR
-~- PC98-106
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM j
I, Margarita Solorio, Secretary of the Anahefm City Planning Commission, do hereby certify
that the foregoing resolution was passed and adcnted at a meeting of the Anaheim City Planning
Commission heid on July 6, 1998, by the following vate of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAP~LES, WILLIAMS
NOES: COMMISSIQNERS: NON~
ABSENT: COMMISSIONERS: PERAZA
VACANCY: ONE VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ,~_ day of
~, 1398.
1. ~?k~.~J ~~aB~L`luC'
SECRE ARY NAHEIM CITY PLANNING COMMISSION
'3" PC98-106