Resolution-PC 2011-058RESOLUTION NO. PC2011 -058
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05560
(DEV2011- 00050)
(633 SOUTH EAST STREET)
WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit
No. 2011 -05560 to retain a wholesale auto auction facility for certain real property 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 1.75- acre property is developed with a wholesale and retail auto
auction facility the property is located in the (I) Industrial zone and the Anaheim General Plan
designates the property for Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 18, 2011 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
conditional use permit 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 to retain an existing wholesale auto auction
facility should be approved for the following reasons:
The proposed conditional use permit request to retain a wholesale auto auction facility is
properly one for which a conditional use permit is authorized under Code Section No.
18.10.030.010.0404 (Automotive —Car Sales & Rental) of the Anaheim Municipal Code.
1. The proposed the conditional use permit to retain a wholesale auto auction facility
as conditioned herein, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located because the operator has incorporated operational
measures to ensure the patrons and employees of the facility park within designated areas only.
PC2011 -058
2. The size and shape of the site for the use is adequate to allow the existing auto
auction facility in a manner not detrimental to the particular area or to the health due to the
proposed and implemented conditions of approval.
3. The traffic generated by the existing auto auction facility does not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding streets and there is adequate parking on -site the site and at the off -site parking
lot located at 1275 East Broadway to accommodate the use.
4. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
land use will continue to be integrated with the surrounding industrial area and would not pose a
health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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 does hereby approve Conditional Use Permit No. 2011 -05560 and subject to the
conditions of approval described 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. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) 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.
2 PC2011 -058
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 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 the revocation of the
approval of this application.
THE FOREGOING RESO ►1�Z.ted at the Planning Commission
meeting of July 18, 2011.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 July 18, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, KARAKI, PERSAUD, RAMIREZ
NOES: COMMISSIONERS: AGARWAL, FAESSEL
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of July, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2011 -058
EXHIBIT "A"
DEV NO. 2011 -00050
� X r
APN: 037-130-21
o su ILA)
Q
Fire[
0
P-(EFt 5�
E 5au
E kAp' "N
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +f- two to five feet.
11132
c c
4
PC2011 -058
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS — ONGOING DURING OPERATION
1
This conditional use permit shall expire on
July 18, 2013.
Planning
2
The hours of operation, except for off - loading
of vehicles, shall be limited to the following,
as stipulated by the applicant:
8:30 a.m. - 9:00 p.m. on Monday
9:00 a.m. - 5:00 p.m. on Tuesday through
Saturday
Automotive auctions may be conducted on
Mondays and Fridays for a maximum of three
(3) hours on each day.
Code Enforcement
3
The business shall comply with the following
operational limitations in order to discourage
patrons from parking on the nearby
residential streets:
A) A uniformed employee shall be stationed
at the intersection of East Street and
Crestbrook Place. A second uniformed
employee shall be stationed at the
intersection of Dawn Street and South
Street. Employees shall be stationed at
the locations starting three hours in
advance of, and during. auction hours to
inform patrons they will not be allowed to
enter the auction if they do not use the
off -site parking lot at 1275 East
Broadway.
B) Each auction attendee shall be provided a
map and directions to the off -site parking
Iocation in advance of the auction date.
The map and directions shall be included
in all promotional material generated to
advertise the business.
C) Admittance to the auction shall be limited
to those patrons who park on -site and/or
Code Enforcement
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05560
(DEV2011- 00050)
-5-
PC2011 -058
-6
PC2011 -05 8
park in the off -site parking location at
1275 East Broadway and obtain a
wristband from the shuttle bus driver
documenting they parked at the off -site
parking location.
4
All auction vehicles shall be operable and
parked in the screened storage area only.
Code Enforcement
5
The l0 -foot wide landscaped planter area
adjacent to East Street shall be properly
maintained with ground cover and shrubs.
Code Enforcement
6
No required parking area shall be fenced or
otherwise enclosed for outdoor uses other
than parking.
Code Enforcement
7
The property shall be permanently maintained
in an orderly fashion by providing regular
landscape maintenance, removal of trash and
debris, and removal of graffiti within twenty -
four (24) hours from time of discovery.
Code Enforcement
8
The chain -link fence shall be maintained and
screened with PVC slats. Said slats shall be
maintained in good condition.
Code Enforcement
9
Signage for subject facility shall be limited to
the existing and legally permitted signage.
Any additional signage shall be subject to
review approval by Planning Department
staff.
Planning
10
Trash storage areas shall be maintained in a
Location acceptable to the Public Works
Department, Streets and Sanitation Division
and in accordance with approved plans on file
with said Department. Said storage areas
shall be designed, located and screened so as
not to be readily identifiable from adjacent
streets or highways. The walls of the storage
areas that are visible to the public shall be
protected from graffiti opportunities by the
use of plant materials such as clinging vines,
planted on maximum 3 -foot centers, or tall
shrubbery.
Public Works,
Streets and
Sanitation
11
Auto maintenance and repair shall not be
permitted, nor shall there be any retail sales
or display of vehicles.
Code Enforcement
-6
PC2011 -05 8
-7
PC2011 -058
12
There shall be no off-loading of vehicles
between the hours of 10 p.m. to 6 a.m.
Code Enforcement
13
Off loading of vehicles shall be limited to
Rose Street behind (west of) the auction
facility.
Code Enforcement
14
On -site car washing shall be limited to
washing with tap water or deionized water
without the use of soaps or detergents.
Solvents or degreasers may be used on a spot
basis, but shall be wiped off before the
vehicle is rinsed.
Code Enforcement
15
The property owner shall pay the cost of
Code Enforcement inspections to be
conducted on an unannounced quarterly basis
to maintain compliance with State and local
statues, ordinances, law or regulations, and
provisions of this permit.
Code Enforcement
16
Staff will prepare and send out, at the
applicant's expense, a notice to all properties
within 600 feet of the site explaining options
to contact the City regarding concerns with
the operation of this business. This notice
shall include directions for use of the City's
311 phone system, Anaheim Anytime, and a
direct line to the Code Enforcement Division.
Planning,
17
That the auto auction facility shall be limited
to wholesale sales of vehicles only. No retail
sales are permitted.
Planning
18
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 No. 1
(Site Plan and Floor Plan) and as conditioned
herein.
Planning
-7
PC2011 -058