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Resolution-PC 2013-051RESOLUTION NO. PC2013 -051 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011 -05560 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (I)EV2011- 000.50A) (633 SOUTH EAST STREET) WHEREAS, on July 18, 2011, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the " Platmin Commission "), by its Resolution No. PC2011 -058, did approve Conditional Use Pennit No. 2011 -05560 to permit and retain a wholesale auto auction facility for a period of two (2) years to expire on July 18, 2013 (herein referred to as the "Original CUP ") on that certain real property located at 633 South East Street in the City of Anaheim. as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "): and WHEREAS, the Property is developed with a wholesale auto auction facility. The property is located in the I (Industrial) zone. The Property is designated for Low - Medium Density Residential Land Use land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did receive a verified petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2011 - 05560A ") to delete a condition of approval pertaining to a time limitation (herein referred to as the "proposed project"'; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 1, 2013, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with he provisions of Chapter 18.60 of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of, among other things, the repair, maintenance, anal /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: - I - PC2013 -051 1. The proposed amendment to the Original CUP to retain a wholesale auto auction facility and delete a condition of approval pertaining to a time limitation is properly one for which a conditional use permit is authorized by Section 18. 10.030 (Uses) of the Code. 2. The proposed amendment to the Original CUP to delete a time limitation would not adversely affect the adjoining land uses, or 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. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the operator of the auction facility has demonstrated the ability to adequately accommodate the use without creating detrimental effects on adjacent residential properties. 4. The traffic generated by the 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 and at the designated off -site parking lot located at 1275 East Broadway to accommodate the use 5. With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area, and that the periodic review by the Planning Commission of the use is no longer necessary. 6. 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 does not negatively impact surrounding residential uses and further would riot pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2011- 05560A, contingent upon 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to cotrplete 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 originai intent and purpose of the condition (s), (ii) the modification complies with the 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 Code. u - PC2013 -051 BE 1T FURTHER RESOLVED that the Planning Comrission 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 RESOLUTION was adopted at the Planning Commission meeting of July 1, 2013- Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Zoning Provisions - General) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. r^� CHAIR, ANAHEIM CITY PLAN IhdG COIv1MISSIO — N ATTEST: SENIOR ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC- 13-051 STATE OF CALIFORNIA i 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 July 1, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREI_, SEYMOUR NOES: COMMISSIONERS: NONE, ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 1" day of July, 2013. ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -051 EXHIBIT "A" DEN'NO. 2011-00050 APP: 037-130-2 wr SOUrce Recowed Tiact Map, andka, cay GiS rleasc note, tne accuracy is .,.I- tse tc,f-ie feet - 5 - PC2011-051 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2011-05560A (17EV2011- 00050A) N CON1DITIONS OF APPROVAL �BEV� � SIB gE = _ BY OFF BY GR – N -- RI -r Z — 4I CGNI3IT10iV,S — ONGOING DURING OPERA1 The hours of operation, except for off - loading of vehicles, shall. be limited to the following, by 1 as stipulated the applicant: 1 8:30 a.m. - 9:00 p.m. on Monday Code Enforcement 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. 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 starting 3 hours in i advance of, and during, auction hours to inform patrons they Code will not he allowed to enter the auction if they do not use the Enforcement off -site parking lot at 1275 East Broadway, 2 B) Each auction attendee shall be provided a map and directions to the off -site parking location 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 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. 3 All auction vehicles shall be operable and parked in the screened Code storage area only. Enforcement 4 The 10 -foot wide landscaped planter area adjacent to East street Code shall be properly maintained with ground cover and shrubs. Enforcement No required parking area shall be fenced or otherwise enclosed Code — 5 for outdoor uses other than parking. Enforcement The property shall be permanently maintained in an orderly ' I 6 fashion through the provision of regular landscaping maintenance, removal of trash or debris and removal of graffiti Code Enforcement withln twenty four (24) hours from time of occurrence. 6- PC2013 -051 F� 8 s �rl ' CONDITIONS OF APPROVAL -- _ The chain -link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. Signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shah be subject to review approval by Planning Department staff. IdE'VIF.W ICY Code Enforcement Planning t SIGNED OFF BY ! 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 Public Works, 9 screened so as not to be readily identifiable from adjacent streets Streets and or highways. The walls of the storage areas that are visible to the Sanitation 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. 10 Auto maintenance, and repair shall not be permitted, nor shall Code there be any retail sales or display of vehicles, Enforcement 'There 1 i -- 12 shall be no off - loading of vehicles between the hours of � 10 p. m. to 5 a.m. _ Off loading of vehicles shall be limited to Rose Street behind Code Enforcem Code (west of) the auction facility. On -site car washing shall be limited to washing with tap water or Enforcement —� 33 � delonized water without the use of soaps or detergents. Solvents Code or degreasers may be used on a spot basis, but shall be wiped off f Enforcement the vehicle is rinsed. The The property owner shall pay the cost of Code Enforcement Code 14 inspections to be conducted on an unannounced, twice yearly basis to maintain compliance with State and local statues, Enforcement ordinances, law or regulations, and provisions of this permit, � That the. auto auction facility shall be limited to wholesale sales of vehicles only. No retail sales are permitted- Plannin JI The Applicant shall defend, indemnify, and hold harmless the I City and its officials, officers, employees and agents (collectively referred to individually and collectively as °lndeinnitees ") from Planning any and all claims, actions or proceedings brought against 16 lndemnitees to attack, review, set aside, void, or annul the decision of the Fndemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or j validity of any condition attached thereto. The Applicant's indemnification is inten to in clude, but be limited not to, -7- PC2013-051 - 8- PC2013 -05l NO. CONDITIO S OF APPROVAL REVIEW SIGN _ BY OFF B damages, fees and/or costs awarded against or incurred by Lndemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by h7dernnitees in connection with such proceeding. i The applicant is responsible; for paying all charges related to the processing of this discretionary case application within 30 days of 17 the issuance of the final invoice or prior to the issuance of building permits for this prQjeet whichever occurs first_ Failure to pay all Planning charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the 18 applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan and Floor Plan) and as conditioned herein. I � - 8- PC2013 -05l