Resolution-PC 99-144RESOLUTION NO. PC99-144
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDlTlONAL USE PERMIT NO. 4023,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWITH
WHEREAS, on May 27, 1999, Resolution No. PC98-89 was adopted by the Anaheim City
Rlanning Commission to approve, in part, Conditional Use Permit No. 4023 and permit a 3,000 sq.ft. tire
sales, repair and installation facility at 837 East Orangethorpe Avenue (waiver of permi~ted encroachment
into a required setback was withdrawn); and that said resolution includes the following conditions of
approval:
That the business shall operate as follows unless specifically modified by the Planning
Commission:
Type of business: Tire sales, repair and installation
Business hours: 8:00 a.m. to 5:00 p.m. daily
Number of empioyees: Maximum two (2.) employees at any one (1) time
10. That subject use permit is hereby granted for a period of one (1) year, to expire on May
27, 1999.
WHEREAS, this property is devcloped with a multi-tenant industrial building including
subject business, S. Cervantev Tires; that the property is zoned ML (Limited Industrial); and that the
Anaheim General Plan Land Usa Eiement designates this property for General Industrial land uses; and
WHEREAS, pursuant to Ssction 18.03.093 of ths Anaheim Municipal Code, the petitioner
requests reinstatement of this conditional use permit to retain the tire sales, repair and installation facility;
and to amend 4he conditions of approval pertaining to hours of operation (to allow business hours of 7:30
a.m. to 7:00 p.m. instead af 8:00 a.m. to 5:00 p.m.) and the maximum number of employees (to permit
three employees instead of two).
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 2, 1999 at 1:30 p:m., notice of said public hearing ~iaving been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapfer 18.03,
to near and coiisider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that the hearing was continued from
the meetings of May 24 and June 21, 1999; and
V`/:;EREAS, said G~mmissinn, after due inspect~on, investigation and study made by itself
and irs its behalf, and after due consi~eration of all evidence and reports offered at said hearing, does find
and determine the following facts: ~
1. That the use is properiy one for which a conditional use permit is authorized by the Zoning
Code.
2. That the use, as reinstated and including the amended conditions, will not adversely affect
the adjoining land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use,.as reinstated and including the amended
conditions, is adequate to ailow full development of ~the use in a manner not detrimental to the particular
area nor to the peace, health, safety and general welfare.
CR3707PK.DOC -1- . . PC99-144
4. That the traffic generated by the use, as reinstated and including the amended conditions,
will not impose an undue burden upon the streets and highways designed and improved to carry the traffc
in the area.
5. That reinstating thls r,onditional use permit, c:~der the conditions imposed, wiil not be
detrimental to the peace, health, safety and general weifare of the cifizens of the City of Anaheim.
6. That one person spoke in favor of the proposai at the public hearing and no one indicated
their presence in opposition; and that no correspondence was received In opposition>
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this conditionai use permit to retain the tire
sales, repair and installation facility and to amend certain conditions of approval pertaining to permined
hours of operation, the maximum number of employees and the time limitation for the use; and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 4023 is adequate to serve as the required e~vironmental documentation in cannection with this
request upon finding that the declaration retlects the independent judgment of the lead agency and that it
has considered the previousiy 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 wili have a significant effect on the
eavironment
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC98-89, adopted in connectio~ with Conditional Use Permit No.
4023, to reinstate and approve this conditional use permit and to amend Condition Nos. 5 and 10 therein
to read as follows:
That the business shall operate as follows, unless specifically modified by the Planning
Commission:
Type of business: Tire sales, repair and instailation
Business hours: 7:30 a.m. to 7:00 p.m. daily
Number of empioyees: Maximum three (3) employees at any one (1) time
10. That this conditional use permit is hereby granted to expire on May 27, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August2, 1999. `~~'~'~"'~-// i~~~~~-~
HAIRPE SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~i~~ ~fJLOI~'
SECRETARY, A A EIM CI1Y PLANNING COMMISSION
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-. _.
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita So~orio, Secretary of the Mahefm City Planning Commission, do hereby certify
that the foregoing resolu8on waspassed and adopted at a meeting of the Maheim City Pianning
Commission held on August 2, 19~9, by the following vote of the members thereof:
AYES: COMMiSSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBlLT
NOES: COMMISSIONERS: NOPIE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~ 1939.
~lta~~~t~ ~~,e~
SECRETARY ANAHEIM CITY PLANNING COMMISSION
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