Resolution-PC 99-165RESOLUTION NG. PC99-165
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4148 BE GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did rec~ive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
PARGEL 1:
THE NORTH 180.00 FEET OF THE EAST 203.00 FEET OF THE NQRTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE ~1 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SF.ID COUNTY.
PORTION OF SAID LAND IS SHOWN AS PARCEL 1 ON A MAP F~LED IN BOOK 13, PAGE 44
OF PARCEL M/+PS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
ORANGE.
WHEREAS, the Ciry Planning Commission did hold a public hearing at Ehe Civic Center
in the City of Anaheim on September 13, 1999 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; ~nd
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after dus consideration of ali evidonce and reports offered at said hearing,
does find and detennine the following facts:
1. That the proposed use is properly one for whicl~ a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.085 to permit and ret :~ an existing auto repair facility in a
former gasoline service station.
2. That the proposed retention of the existing auto repair usr: will not adversely affect the
adjoining land uses and the grovuth and development of the area fn which it is located as evidenced by
the absence of Code Enforcement complaints for this property.
3. That the size and shape of the property (s adequate to atlow full development of the
proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
4. 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.
5. That granting this conditional use permit, for a period of five years and under the
conditions imposed, will not be detrimental to the peace, heaith, safety and general welfare of the citizens
of the City of Anaheim.
6. That no one (ndicated their presence at the pub8c hearing in opposition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain an existfng auto repair facility in a
CR3745PK.DOC -1- PC99-165
former gasoline service station on a rectangutarly-shaped d.46-acre property located at the southwest
comer of Orange Avenue and Magnolia Avenue, having frontages of 121 feet on the south side of Or~nge
Avenue and 110 feet on the west side of Magnolia Avenue, and further described as 601 South Magnolia
Avenue (Le's Automobile); and does hereb~~ approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negativs
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 will have a significant effect on the environmenk
NOW, THEREFORE, BE IT RE~,OLVEO that the Anaheim City Planning Commission
does hereby~ grant subject Petition for Conditional Use Permit for five (5) years, 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 th2 Citizens of the City of Anaheim:
1. That the trash storage area(s) shall be refurbished to the satisfaction of the Public Works
Depar!ment, Streets and SanitaUon Division, to comply with approved plans on file with said
Departm~~nt.
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed z~d maintained in conformance with said plans.
3. That no °compact" sized parking spaces shall be permitted.
4. That the existing driveways closest to the intersection of Orange Avenue and Magnolia Avenue
shall be removed and replaced with standard curb, gutter, sidewalk and landscaping.
5. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
cotor contrasting with the roof materiai. The numbers shall not be visible to the adjacent streets or
adjacent prope~ties.
6. That the owner of subJect property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2410 (to retain a convenience market at an existing
service station).
7. That this Conditional Use Permit No. 4148 shall expire five (5) years from the date of this
resolution, on September 13, 2004.
8. That the hours of operation shall be limited to the following:
Monday through Frfday: 8:00 a.m. to 6:00 p.m.
Saturday: 8:00 a.m, to 5:00 p.m.
Sunday: Closed
9. That no outdoor storage of, display of, or work on vehicles or veh(cular parts shall be permitted;
and that ~ other outdoor use, including storage, shall be permftted. Any existing outdoor storage
shall be removed including the oil drums and display rack.
10. That no vending machfnes which are visfbie to the pubtic rights-of-way shall be permitted
11. 7hat the property shall be permanenUy maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffitf within twenty
four (24) hours from time of occurrence.
CR3745PK.DOC -2- PC99-165
12. That window signage shall not exceed ten percent (10%) of the window area. Any existing signage
in excess of ten percent (10%) shall be removed.
13. That the existing buiiding wall signage shall be modified to remove the words "mini-mart" and any
duplicate copy on any building elevation; and that the signage for the property shall be limited to
that which is shown on the approved exliibits. Any addiGonal signs, including any ~reestanding
sign, shall be submitted to the Planning Department for review and approval by the Planning
Commission as a"Reports and Recommendations" item.
14. That no banners or other advertising shali be disptayed within ihe service bays facing Orange
Avenue or Magnolia Avenue unless a Special Event Permit is first obtained to authorize such
display.
15. That any on-site public telephone shail be located inside the building. All existing telephones
located outside the b~ailding shall be relocated to comply with this requirement.
16. That no "for sale" vehicles shall be displayed.
17. That trees shall be planted in the existing planter areas adjacent to Orange Avenue and Magnolia
Avenue at a ratio of one (1) tree per twenty (20) feet of street frontage; and that within a perlod of
one (1) month from the date of this n:solution, a specific landscaping plan showing the trees
(location, species and size) shall be submitted ta the Zoning Division for review and approval. The
trees shall be planted within two (2) months from the date the landscaping plan is approved.
18. That the snack shop, as depicted on Exhibit No. 2, shall not sell nor serve hot food or fountain
drinks.
19. That subject property shall 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 Exhibit i~os. 1, 2 and 3, and as conditfoned herefn.
20. That Condition Nos. 1, 2, 4, 5, 6, 9, 11, 12, 13, 15 and 19, above-mentioned, shall be compieted
within a period of three (3) months from the date of th(s resolution. Extensions for further time to
complete said condiGons may be granted (n accordance with Section 18.03.090 of the Anaheim
Municipal Code.
21. That approval of this application constitutes approval of the proposed request only to the extent that
it compiies with the Anaheim Municipal Zoning Code and any other applicable Cfty, State and
Federal regulations. Approval does not include any action or findfngs as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER 12ESOLVED that the Anaheim City Ptanning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then thi.s
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeNng of
September 13, 1999.
/ / G~~ /~ . G~.I~CC.ct
CHAIRPE~SQN, ANAHEIM C TY PLANNIPlG COMMISSION
ATTEST:
CR3745PK.DOC -3- PC99-165
~
-~G~2~~L`/~c~.~ ~~-'
SECRETARY, AN EIM 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 meeGng of the Anaheim City Planning
Commission held on September 13, 1999, by the following vote of the rr~embers thereof:
AYES: CI~MMiSSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLFS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEA?
IN WITNESS WHEREOF, I have hereunto set my hanrJ this ~ day of
~~ , 1999.
~/~/{~4k~~~~(ti/ l1Uw~
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
CR3745PK.DOC -4- PC99-165