Resolution-PC 98-89 . _
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RESOLUTI~1 NO PC58-89
A RESOLUTION OF THE ANAHEA CI?Y PLANN~NG COMMISSION
THAT PETITION FOR CONDITiONAL UE PERMIT N0. 4023 BE GRANTED
WHEREAS, the t;,.iaheim City PlanningCommission did receive a verified Petition for
Conditional Use Permit for certain real property situated inthe City d Anaheim, County of Orange, State
of California, described as:
LOT 15 OF TRACT NO. 4703, IN THE CIN OF AlAHEIM, COUN'iY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN GV A MAP RECORDED
IN BOOK 169, PAGES 25 AND 26 OF MISCELL/~NE(US MAPS, RECORDS
OF ORANGE COUNTY.
WHEREAS, the City F~lanning Commission did hold a~ublic hearing at the Civic Center in
the City of Anaheim on May 27, 1998 at 1:30 p.m., nolice oF said public hearing having been duly given as
required by law and in accordance with the provisions of the AnaheimMunicipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditiana use permit and to investigate and
make findings and recommendations in connectian therewith; and
WHEREA9, said Commission, after due inspection, iNestigation and study made by itself
and in its behalf, and after due consideration of all evidence and repots offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a c»nditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.070 to permit and retah a 3,000 sq. ft. tire sales, repair and
installation facility with waiver of the following:
Section 18.61.064.02d - Permihed encroachment into a reauired setback.
2. That no action was taken regarding the proposed waiver because it was deleted following
public notification.
3. That the proposed use wil! not adversely affec•t adjoining land uses and the growth and
development of the area in which it is proposed to be Iocated because the tire sales, repair and installation
facility is currently operating in a manner not causing a significant adverse (mpact to the surrounding
environment and, as conditioned, the aesthetics and operation of the existing facility will be improved by
this entitlement; and that this use Is compatible with the other existing uses in the building.
4. That the size and shape of the site for the proposal is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
5. That the traffic generated by the proposal will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because no adverse impacts
pertainir~g ta tra~c have been identified with this existing use.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CR3304PL.DOC -1- PC98-£39
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain a 3,000 sq. ft. tire sales, rspair and
installation facility with waiver of permitted encroachment into a required setback on a 0.8-acre
rectangularly-shaped prope~ty located at the northwest corner of Orangethorpe Avenue and Orangethorpe
Park (a private street), and having frontages of 162 feet on the north side of Orangethorpe Avenue and
215 feet on the west side of Orangethorpe Park (837 East Orangethorpe Avenue); and does hereby
approve the Negative Deciaration upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the 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 wili have a significant effect o~ the
environment.
NOW, THEREFORE, BE IT P.ESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditiona! Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That a Iandscaping plan for the enlire site shall be subrnitted to the Planning Department showing
type, size and location of existing and proposed refurbiahed landscaping and irrigation ior review
and approval by the Zoning Division. The landscaping pians shall include a minimum three (3)
foot wide landscaped planter adjacent to the east building facade between the two (2) roll-up
doors. Following approval, the landscaping shall be refurbished and installed within a period of
two (2) months from the date of approval ;and shall thereafter be maintained in accordance with
the approved plan.
2. That plans for a comprehensive sign program shall be submitted to the Zoning Division for review
a•nd approvai by the Planning Commission as a"Reports and Recommendations" item. The signs
•~~~all be installed in accordance with Planning Commission approval within two (2) months from
;e date of approval.
3. That 3ii p~ve~ parkiny areas shall be repaired, resealed, resurfaced ar~.d restriped, as reviewed
and app~oved by the City Traffic and Transaortation Manager. Parking shall not be permitted in
~e~~nt of the roll-up doors.
4. That no outdoor storaye of, display of, or work on vehicles or vehicuiar parts, including tires, shall
be permitted.
5. That the business shail operate as follows uniess specifically modified by lhe Planning
Commission:
Type of business: tire sales, repair and installation
F3usiness hours: 8:00 a.m. to 5:00 p.m., daily
Number of employees: maximum lwo (2) employees at any one (1) time
6. That the owner of subject property shall submit a Ietter requesting termination of Conditional Use
Permit No. 2960 (to retain an automobile sales and detailing facility at 1713 North Orangethorpe
Park), Conditional Use Permit No. 2937 (to retain a motor scooter sales and repair facility at 17Q9
North Orangethorpe Park with waiver of minimum number of parking spaces), and Conditional
Use Permit No. 2840 (to permit an automobile repair school at 831-837 East Orangelhorpe
Avenue with waiver of the minimum number of park(ng spaces) lo the Zoning Division.
7. That ~he subject property shal~ be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exliibit No. 1, and as conditioned herein.
-2' PC98-89
That Condition Nos. 1, 2, 6 and 7, above-mentioned, shall be compieted within a period of one (1)
month from Uie date of this resolution.
That Condition No. 3, above-mentioned, shall be completed within a period of two (2) months from
the date of this resolution.
10. That subject use permit is hereby granted for a period of one (1) year, to expire on May 27, 1999.
11. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and
Federal regulations. Approvai does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation, or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is axpressly predicated upon applicanYs compliance
with each and all of the conditions F~ereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commissior~ meeting of
May 27, 1998.
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CH MAN ANAHEIM CITY PLANNING COMMISSION
A'f~'EST:
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SECRETnRY, /~(~IAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of lhe Anaheim City Planraing ~ommise~~n, do ~~?areC~Jy
certify that the foregoing resolution was passed and adopted at a me~;,ng of the Anaheim ~?,~' FfA' ,;~
Commission held on May 27, 1998, by the foilowing vote of the members ~h~reof:
AYES: COMMISSIONERS:BOSTWICK, BRISTOL, HENNINGER, NAr}'`i~LE~S, W71,61A1u1S
NOES: COMMISSIONERS:NONE
ABSEN7: COMMISSIONERS: BOYDSTUN, PERAZA
IN WITNESS WHEREOF, I have hereunto set my hand this ~,~J~ day cif (;S~IL.~i ,
1998.
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SECRETA , A AHEIM CITY PLANNING COMMISSION
-3- PC98-89