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Resolution-PC 98-55RESOLUTION NO. PC98-55 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 1307, SERIES 1964-65 ADOPTED IN CONNECTION WI7H CONdITIONAL USE PERMIT NO. 615 WHEREAS, on August 17, 1964, the Anaheim City Planning Commission adopted Resolution No. 1307, Series ~1964-65, to grant Conditional Use Permit No. 615 and expand an existing small equipment rental, sales yard and repair service~ facility on property located at 1266 East Lincoln Avenue; and WHEREAS, this property is developed with a tire sales and repair facility (Gutierrez Tires) in the CL (Commercial, Limited) and RM-2400 (Residentiai, Muitiple-Family) zones; and that the Anaheim General Plan land use designation is General Commercial and Medium Density Residential land uses; and VvHEREAS, this petition was initially readvertised to consider revocation or modification; and that the public hearing was again readvertised to permit the existing tire sales and service facility to be retained, as directed by the Planning Commission pursuant to Code Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code, and to give the property owner time to clean the property; and WHEREAS, the City Planning Commission did hold a public hearng at the Civic Center in the City of Anaheim on April 13, 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 Municipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommenda:~ons in connection therewith; and that said public hearing was continued to the December S, 1997, and January 5, March 2, and March 30, 1998 Plenning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Th~t a tire sales and repair facility is a conditional use authorized by Section 18.44.050.085. 2. That modification of this use permit, including the imposition of additiona~ conditions, is reasonably necessary to protect the public peace, health, safety and general welfare, and necessary to permit reasonable operation under the conditional use permit as granted. 3. That no one indicated their presence at the public in opposition to this proposal and that no correspondence in opposition to the proposal was received. CALIFORNIA ENVIRONMENTAL C~JALITY ACT FINDING: The Planning Director's authorized representative has determined khat th:: proposed project fails within the definition of Categorical Er.emptions, Class 21, as defined in the State EIR G~~~elines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resoiution No. ~307, Series 1964-65, adopted in connection with Conditional Use Permit No. 615, to permit the existing tire sales and service facility; and CR3251 PL.DOC -1- PC98-55 BE IT FURTHER RESOLVED that the following conditions of approval are hereby added to said resolution: 10. That there shall be no outdoor work or outdoor storage cr display (including hubcaps mounted to, and displayed on, the building exterior) on this property; provided, however, that tires may be stored between the fi~vo buildings pravided that said storage area is fenced and painted to match the existing buildings. No storage shail be permitted to project above the fence. 17. That the asphalt parking area shall be maintained in good condition at ail times. 12. That the fifteen (15) foot landscaped setback area along Fahrion Place shall be maii7tained and refurbished, as needed; and that minimum one (1) gailon sized vines shall be planted on maximum three (3) foot centers adjacent to the fence to screen said fence from the view of Fahrion Place. 13. That the foilowing landscaping shall be planted, irrigated and maintained in the on-site landscaping planter adjacent to Lincoln Avenue: (a) Minimum of three (3), minimum fifteen (15) gallon sized, broad headed trees (said trees shall be in addition to, or in piace of, the small trees currently planted on the property); and (b) Minimum one (1) gallon sized vines on maximur~~ three (3) foot centers. 14. That the chain link fence ad;acent to the residentially zoned property to the southwest shali not exceed six (6) feet in height. 15. That any tree planted on-site shall be replaced in a timely manner in the eve~t that it is removed, damagec~, diseased and/or dead. 16. That no materials shall be stored or kept on the roof of the existinc~ buildings. 17. That the property owner shall pay the cost of Code Enforcement inspections once each month for the first six (6) months following the date of this resolution, if neerl~d; and as often as necessary tliereafter until the ~ubject property is brought into compliance with this resolution, or as often as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws and regulations. 18. That subject use permit shall expire one (1) year from the date of this resoiution, on April 13, 1999. ' TF!~ FOREGOING RESO TION was ado~ te at the Planning Commissior meeting of , April 13, 1998. (~~ r~ CHAIRP~FtS „ . O MP RE ANAHEIM CI PLANNING COMMISSION ATTEST: , Y~~zru~ Sal~~ SECRETARY, NAHEIM CITY PLANNING COMMISSION -~- PC98-55 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita So!orio, Secrefary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutinn was passed and adopted at a meeting of the Anaheim City Planning Commission held on Aprii 13, 1998, by the foliowing vote of tha members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK VACANCY: ONE SEAT VAC:ANT IN ~:'ITNESS WHEREOF, I have hereunto set my hand this ~~~' day of `~~~~ 1998. Qh~~ ~a(r(1J' K.Cf' SECRETARY, NAHEIM CITY PLANNING ~OMMISSION -3- PC98-55