Resolution-PC 98-17RE~GLUTION NO. PC98-17
A RESOLU'f10N OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION N0. PC?6-94, ADOPTED IN CONNECTION WITH
VARIANCE NO. 2804
WHEREAS, on May 10, 1976, the Anaheim City Planning Commission adopted
Resolution No. PG76-94 to approve Variance No. 2804 to establish an automobile cliagnostic and service
center at 1107 North Brookhurst Street; and
WHEREAS, this property is developed with a 1,640 sq.ft. auto repair facility with three
auto bays (formerly a service station) in the CG (Commercial, General) Zone; that the Anaheim Generai
Plan land use designation is General Commercial; and that the property is located in the Brookhurst
Commercial Corrider Redevelopment Area.
WHEREAS, on October 13, 1997, lhe Planning Commission set this Variance for public
hearing to consider the revocation or amendment thereof due to reoccurring Code violations and the
conduct of unauthorized types of automotive repair at this iocation; and that on November 20, 1997, the
property owner and holder, user and/or permitee of this property of record were notlfied, as required by
Code, of the date, place and time of said public hearing;
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 2, 1998, at i: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 connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and aker due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That Walter A. Friedman, trustee, has requested that the Planning Commission permit
continuance of the automobile diagnostic and service center, inciudiny, but not limited to, all types of major
and minor service and repair of vehicles, engine repair, transmission repair, brakes, front end, rear end,
tune-ups, smog checks, oil changes, lubrication, tire repair and sales, and electrical repair; and that the
owner states that the business will comply the following conditions:
- No vehicle sales
- No outdoor storage or display of parts or autos
- No outdoar work
- No body work and paintingy
2. That Code Enforcement staff has submitted evidence that this property has been a continual
source of complaints and/or calls for service over the past several years; and that Code violations include
vehicular repair being conducted outside the building, numerous incperable vehicles being stored on the
property, excessive amounts of auto parts, batteries, and disassembled engines in the parking lot and
open areas outside of the building, refuse and waste throughout :he rear of the property, and pooriy
IandscaFed pianter areas;
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3. That the variance originaily granted is being exercised contrary to the terms of its approval;
4. ThaR the variance originally granted has been so exercised as to be detrimental to the public
health or safery, and so as to constitute a nuisance, as documented by the Code Enforcemer,t Division,
including reoccurring violations;
5. That amendment to this variance, consisting of the imposition of new conditions, is reasonably
necessary to protect the public peace, health, safety or generai welfare, and necessary to permit
reasonable operation under the variance as originally granted; and
6. That no one indicated their presence at the public hearing in opposition; and that no correspondence
was received in opposilion to the subject petition.
CAUFORNIA ENVIRONMENTAL Q ALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Variance No. 2804 is adequate to serve as the required
environmertal documentation in connection with this proposal upon finding that the declaration reFlects the
independent judgment of the lead agency and that it has considered the previously approved Negative
Deciaration together with any comments received during the public review procc•ss and further finding on
?he basis of the initial study and any comments received lhat thers is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
amend the conditions of approval contained in Resolution No. PC76-94, adopted in connection with
Variance No. 2804, in their entirety, to read as follows:
1. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
2. That no uutdoor storage of, display of, or work on vehicles or vehicular parts, shall be permitted
except that a maximum of six (6), maximum fifty five (55) gallons each, oil drums may be stored
behind the building provided that said drums are completely visu211y screened from the public
rights-of-way and adjacent properties and are in compliance with ali applicable regulations
pertaining to the storage of hazardous waste; and, further, that no outdoor work, including
diagnostic services, shall be conducted at any time.
3. That the owner of the subject property shall be responsible for the removal of any on-site gra~ti
within twenty four (24) hours o~ its application.
4. That no banners or oth~r advertising shall be displayed within the service bays and visible to the
nearby public rights-of-way unless a valid Special Events Permit has been approved to authorize
such display.
5. That overnight parking shall be limited to inside the building and behind lhe building. V~hicles
park~d outside the building shall be operable.
6. That any tree, shrub, or flower planted on-site shall be replacp ~ ir. a timely manner in the event
that it is removed, damaged, diseased, and/or dead; and that any trees or other landscape
material shall not be unreasonahly trimmed.
7. (a) That a minimum six (6) foot high b~ock wall shall be constructed along the south property
line, fram the west propert;~ line to a point where it intersects wilh a line projected south
from th~ most southerly corner of the building (the petitioner shall be responsible for
constructin~ the wall if Caltrans does not construct it);
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(b) That a six (6) foot high wrought iron fence with a wrought iron gate for access to the back
of the building shall be constructed between the block wall along the south property line
and the most southerly corner of the building;
(~) That a six (6) foot high chain link fence interwoven with slats shall be provided along the
entire west property line and along the north property line from the v+• ;st property line to a
ooint where it intersects with a line projecting north from the most northeriy comer of the
building;
(d) That a six (6) foot high wrought iron fence with a wrought iron gate for access ta the back
of the buiiding shall be conslructed between the slatted chainlink fence along the riorth
property line and the most norlherly comer of the building; and
(e) That the existing chain Iink fence along the north property line and east of the new
wrought fence and gate shall be removed if it is determined that it is owned by the owner
of subject property. 1'he property owner shall confer with Planning Department sta~ to
determine whether a repiacement fence is needed along this portion of the north property
line and, if so, the type of fence that shall ba constructed.
8. That any signs, other than the existing wall sign facing the street intersection, shall be subject to
review and approval by lhe Planning Commission as a"Reports and Recommendations" item.
9. That the retaii sales of vehiclES or vehicular parts, inr,•luding tire sale^ and installation, shall not be
permitted; provided, however, that incidental sales cf auto parts that are installed on the veh(cles
as part of the approved auto sen;!ce shall be permittecl.
10. That trailers, moduiar buildings, shipping containers, or any other type of outdoor lemporarv~
storage container shall not be permitted on the property.
11. That heavy auto repair, inciuding but not limited to, engine overhauling, transmissfon and
differential overhauling, head gasket replacement, valve overhauling, and auto body and painting
shall ~ot be permitted on the property.
12. That the permitted types of automotive repair shall be minor auto repair (tliose typ~s of auto repair
that can reasonably be completed in one (1) day) including, but not limited to, electronic diagnosis,
minor tune-up adjustments, chassis lube, oil and filter changes, battery charge and/or
repiacement, front end al?gnment, tire balancing, tire rotation or repair, timing bslt replacement,
muffler replacement, fuel system and injector servicing, ignition system servicing, altemator or
yenerator replacement, spark plug or spark plug wire replacement, clutch replacement, radiator
servicing or f!ushing, fan belt replacement, water and fuel pump replacement, filter replacement,
brake servicing and replacement, carburetor overhauling, air conditioning servi~e and repair,
smog ch~c~s, +~missian control system servicing and repair.
THE ~OREGOING RESOLU710N was adopted at the Planning Commission meeting of
February 2, 1998.
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CHAtf2 E~NAHEIM CITY PLANNING COMMISSION
AlTEST:
CUj ~t~Di~4.'
SECRETARY, HEIM CITY PLANNING COMMISSION
"3' PC98-17
STATE OF CA,! 1S=0RNIA )
COUNN OF QE~WGE ) ss.
CITY OF !'u~JAHEIM )
I, Margarita Solorio, Secretary of the A~aheim City Planning Commission, do hereby certify
that thF~ '~regoing resolution was aassed and adopted at a moe!~ng of :he Anaheim City Planning
Comm,.:: ~an heid on February 2, 1998, by !he following vote of the members thereof:
AYES: COMNi~~SIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, ~dAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~~.__, 1998.
SECRE AR , ANAHEIM CITY PLANNING COMIdISSION
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