Resolution-PC 2010-062RESOLUTION NO. PC2010 -062
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIAT ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4023
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98 -89
(DEV2010- 00094)
(837 EAST ORANGETHORPE AVENUE)
WHEREAS, on May 27, 1998, the Anaheim City Planning Commission, by its
Resolution No. PC98 -89, did approve Conditional Use Permit No. 4023 to permit and retain a
3,000 square foot tire sales, repair and installation facility for one (1) year to expire on May 27,
1999 for that certain real property located at 837 East Orangethrope Avenue in the City of
Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ",
attached hereto and incorporated herein by this reference; and
WHEREAS, on August 2, 1999, the Planning Commission adopted Resolution
No. PC 99 -144 amending Conditional Use Permit No. 4023 to reinstate Conditional Use Permit
No. 4023 to retain a 3,000 square foot tire sales, repair and installation facility for one (1) year to
expire on May 27, 2000, and revise conditions of approval pertaining to hours of operation and
number of employees; and
WHEREAS, on May 22, 2000, the Planning Commission adopted Resolution No.
PC2000- 63 amending Conditional Use Permit No. 4023 to reinstate Conditional Use Permit No.
4023 to retain a 3,000 square foot tire sales, repair and installation facility for five (5) years to
expire on May 27, 2005,and to also allow wheel alignments and brake installations; and
WHEREAS, on November 14, 2005, the Planning Commission adopted
Resolution No. PC2005 -152 amending Conditional Use Permit No. 4023, to reinstate said
conditional use permit for a period of five (5) years to expire on May 22, 2010; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 4023, designated as Conditional Use
Permit 4023C, to modify or delete a condition of approval pertaining to a time limitation for an
automotive repair facility and revise a condition of approval pertaining to the total number of
employees for certain real property situated in the City of Anaheim, County of Orange, State of
California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, this property is developed with a multi- tenant industrial building
located in the I (Industrial) zone and the Anaheim General Plan designates the property for
corridor residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 2, 2010, at 5:00 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 18.60, to hear and consider evidence for and against said proposed
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conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The applicant's proposal to retain a 3,000 square foot tire sales, repair, wheel
alignment and brake installation facility along with the request to amend or delete a condition of
approval pertaining to a time limitation for this facility; and to amend a condition of approval
pertaining to the'total number of employees in the I (Industrial) zone is properly one for which a
conditional use permit is authorized under Code Section 18.10.030 of the Anaheim Municipal
Code.
2. The automotive repair facility has demonstrated compatibility with the
surrounding area and the modifications to conditions of approval as proposed will not adversely
affect the adjoining land uses or the growth and development of the area in which it is currently
located.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety.
Further, Code Enforcement staff inspected the property and determined that the business is being
conducted in compliance with conditions of approval.
4. The traffic generated by the request to amend or delete a condition of approval
pertaining to a time limitation for an automotive repair facility and to amend a condition of
approval pertaining to the total number of employees will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of cars and trucks entering and exiting the site are consistent with typical industrial businesses
that would be permitted as a matter of right
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim. This business use has operated in this location
for 12 years and has proven to be compatible to the area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve the amendment to
Conditional Use Permit No. 4023, designated as Conditional Use Permit No. 4023C, to reinstate
said conditional use permit.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby amend, in their entirety, the conditions of approval adopted in connection with
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PC2010 -062
Planning Commission Resolution No. PC98 -89, approving Conditional Use Permit No. 4023, as
previously amended, to read as stated in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's 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 this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval 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, except as expressly amended herein, the
provisions of Resolution No. PC98 -89, approving Conditional Use Permit No. 4023, shall remain
if full force and effect.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 2, 2010.
A' F t'EST:
CHAIRMAN, HEIM CITY PLANNING COMMISSION
SENIOR SE RETARY, ANAHEIM CITY PLANNING COMMISSION
3 - PC2010 -062
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on August 2, 2010, by the following vote of the members
thereof:
AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD,
AYES: COMMISSIONERS: RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2 day of August, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -062
EXI11BI Y "A"
DEV2010- 00094
APN: 269-031-10
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162'
162'
E ORANGETHORPE AVE
Source. Recorded Tract Maps and/or City US
Please note the accuracy is +1- two to five feet.
10984
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
GENERAL
1
Outdoor storage of, display or work on vehicles or
vehicular parts shall not be permitted.
Code
Enforcement
C
Landscaping shall be maintained in conformance with
landscaping plans approved in conjunction with
Conditional Use Permit No. 4023. Any dead or diseased
plants or trees shall be replaced in a timely manner.
Code
Enforcement
3
Signs shall be limited to those permitted in conjunction
with Conditional Use Permit No. 4023. Any proposed new
signs shall be submitted to the Planning Services Division.
Code
Enforcement
4
No public telephones shall be placed outside the building.
Code
Enforcement
5
No vending machines shall be placed outside the building.
Code
Enforcement
6
No required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
Code
Enforcement
7
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within twenty -four (24) hours from the time of
discovery.
Code
Enforcement
8
The property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1
and 2 (Site and Floor Plans), and as conditioned herein.
Planning
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 4023C
(DEV2010- 00094)
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PC2010 -062