Resolution-PC 2002-23• •
RESOLUTION NO. PC2002-23
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322
FOR A PERIOD OF TIME TO EXPIRE ON MARCH 1, 2003, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC72-145, AS AMENDED,
ADOPTED THEREWITH
WHEREAS, on June 26, 1972, the Anaheim City Planning Commission, by Resolution No.
PC72-145, granted Conditional Use Permit No. 1322 to establish an auto and light truck leasing agency
for commerce and industry at 633 South East Street with waiver of minimum site size; and
WHEREAS, on February 1, 2000, the City Council, by Resolution No. 2000R-18, amended
said Resolution No. PC72-145 to retain an un-permitted automobile wholesale and retail auction facility at
633 South East Street in the ML (Limited Industrial) Zone; and that Condition No. 8 of said resolution
specifies, "That this use shall expire twenty (20) months from the date of this resolution, on October 1,
2001"; and
WHEREAS, this property is developed with a car auction (Quartz Dealer Direct); that the
underlying zoning is ML (Limited Industrial); and that the Anaheim General Plan designates the property
for General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
r~tain the au#omotive wholesale and retail auction facility under the authority of, and pursuant to, Code
Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 11, 2002, 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 amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposal, as amended, 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 proposal, as amended, is adequate to allow
full development of the use 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 use, as amended, 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 reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Tracking No. 2001-04497
CR5297DM.doc - 1 - PC2002-23
• •
6. That this conditional use permit is currently being exercised in substantially the same
manner and in conformance with all conditions and stipulations approved by the City Council on February
1, 2000, as required by Subsection 18.03.093.040 of the Zoning Code.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare;
and that field inspections by Planning Depa~tment staff indicate that the property is being satisfactorily
maintained and that the applicant has demonstrated compliance with all conditions of approval.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an automobile wholesale and retail auction
facility on property consisting of a 1.9-acre rectangularly-shaped parcel having a frontage of 240 feet on
the west side of East Street, a maximum depth of 334 feet, being located 182 feet north of the centerline
of South Street, and further described as 633 South East Street (Quartz Dealer Direct); and does hereby
find that the Negative Declaration previously approved in connection with Conditional Use Permit No.
1322 is adequate to serve as the required environmental documentation in connection with this request
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously 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 will have a significant effect on the environment.
NOW, THEREFORE, BE.IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve Conditional Use Permit No. 1322 for a period of time to expire on March 1,
2003; and
BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend
Resolution No. PC72-145, adopted in connection with Conditional Use Permit No. 1322 and as amended
by Resolution No. 2000R-18, to amend the conditions of approval in their entirety to read as follows:
That this conditional use permit shall expire on March 1, 2003.
2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as
stipulated by the petitioner:
8:30 a.m. to 9:00 p.m. on Monday
9:00 a.m. to 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, during the hours specified above.
3. That all auction vehicles shall be operable and parked in the screened storage area only.
4. That the ten (10) foot wide landscaped pianter area adjacent to East Street shall be properly
maintained with ground cover and shrubs as approved by the Planning Department.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than
parking.
6. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
CR5297DM.doc - 2 - PC2002-23
•
•
7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be
maintained in good condition.
8. That signage for subject facility shall be limited to the existing and legally permitted signage. Any
additional signs shall be subject to approval by the Planning Commission as a"Reports and
Recommendations" item.
9. That trash storage area(s) shall be maintained in location(s) 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 to adjacent streets and highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines, planted on maximum three (3) foot centers, or tall shrubbery.
10. That the applicant shall be responsible for maintaining the premises free of litter at all times.
11. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or
display.
12. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m.
13. That off loading of vehicles shall be limited to Rose Street behind the auction facility.
14. That 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 must be
wiped off before the vehicle is rinsed.
15. That any use of loud speakers shall not be audible to residential properties.
16. That the applicant shall record and maintain an agreement with nearby property owners for the
appropriate number of parking spaces for this use, as required by the Traffic and Transportation
Manager, at the shopping center located at 1215 East Lincoln Avenue and/or at other nearby sites.
The number of such parking spaces shall be in excess of that which is otherwise required by Code
for the commercial retail center and/or any other off-site parking site. The covenant shall be
submitted for review and approval by the Zoning Division of the Planning Department and the City
Attorney's Office and shall then be recorded in the Office of the Orange County Recorder. A
recorded copy of the agreement shall be submitted to the Zoning Division.
17. That the 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 Revision No. 1 of Exhibit No. 1, dated February 1, 2000, and as
conditioned herein.
18. 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 approvai
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 11, 2002.
, ~~~~e~r
CHAIRPE ON, ANAHEIM CI PLANNING COMMISSION
CR5297DM.doc - 3 - PC2002-23
~ ~
ATTEST:
~ ~~~c~--..~ - _/_
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 February 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~2 ~day of
i'C~, 2002.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR5297DM.doc - 4 - PC2002-23