Resolution-PC 98-152RESOLUTION NO. PC98-152
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH THE
CONDITIONS OF APPROVAL OF COMDITIONAL USE PERMIT NO. 3913
WHEREAS, on May 12, 1997, the Anaheim City Planning Commission did adopt
Resolution No. PC97-55 to grant Co;,ditional Use Permit No. 3913 and permit an automotive service
station with a self-service, drive-through car wash at 1100 West Ball Road (the southwest corner of Ball
Road and West Street); and that Cond;t:on No. 18 of said resolution requires that certain conditions of
approval be complied with within a period of one year; and
WHEREAS, subject property is currently developed with a vacant service station in
Development Area 1(Commercial Recreation District) of the Anaheim Resort (Specific Plan No. 92-2);
and that the proposal is consistent with the General Plan and with the underlying zone district designation;
and
WHEREAS, pursuant to Section 18.03.090.0301 of the Anaheim Municipal Code, Ard
Keuilian, representing the prcperty owner, requested a one year time extension, retroactive to the
expiration date of this use permit, to comply with the conditions of approval in order to develop this site;
and that this is the first time extension time requested; and
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 28, 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investic~ation and study made by
itself and in its behalf, and after due consideration of alI evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the use is properly one for which a conditional use permit is authorized by the
Anah2im Municipal Code; and that this use permit was approved subject to certain conditions of approval
being complied with and a building permit being issued within one year from the date of approval, by May
12, 1998.
2. That Section 18.03.090.010 of the Anaheim Municipal Code states that a i;onditional use
permit shall expire and thereafter be deemed null and void if the conditions of approval have not been
complied with within the one year time frame; and that, to date, none of the conditions of,~pproval or
mitigation measures have been met.
3. That the subject property has not been maintained in a safe, clean and aesthetically
pleasing condition, and that there continue to be un-remediated Code violations on tha property, as
confirmed by Code Enforcement Division inspection and set forth in the Notice of Violation and Order to
Comply letter dated September 15, 1998, and as discussed in Item No. 6 of the Staff Report to the
Planning Commission dated September 28, 1998.
4. That approval of the request would adversely affect the adjoining land uses and the
growth and development of the area in which the property is located.
5. 7hat granting a time extension for this Conditional Use Permit would be detrimental to the
peace, health, safety and general welfare of the Citizens of the City of Anaheim.
CR344oPK.oOC -1- PC98-152
6. That no one indicated their presence at the public hearing in opposition to the request;
and that na correspondence was received in opposition. _
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby determine that the previously-certified
Environmental Impact Report No. 313 is adequate to serve as the required environmental documentation
in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject request for a time exteiision to comply with the conditions of aFproval 04
Resolution No. PC97-55, adopted in connection with Conditional Use Permit No. 3913, on the basis of the
aforementioned findings.
BE IT FURTHER RESOLVED that based on this de ial of the requested time extensiun,
the authority granted by Conditional Use Permit No. 391 'Fas p~ e and shall be deemed null and void.
~ ,~
THE FOREGOING RESOLUTIO d'opted at P4anning Commission meeting of
September 28, 1998. ( /
, ! ~ "
J
CHAIRPER qN, A RfiEIM CITY PLANNING COMMISSION
A'ITEST:
~~,l~.~a.i~ ~~.1~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that thE foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 28, 1998, by the following vute of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WI
~ , 1998.
BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NONE
WILLIAMS
iEREOF, I have hereunto set my hand this a~~ day of
~~i 2,~r~~a,.> ~~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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