Resolution-PC 2003-113• •
RESOLUTION NO. PC2003-113
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC72-145 AS AMENDED,
ADOPTED THEREWITH
WHEREAS, on July 6, 1972, the Anaheim City Planning Commission did, by its Resolution
No. PC72-145, grant 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 Anaheim City Council did, by its Resolution No.
2000R-18, amend Resolution No. PC72-145 to permit an automobile wholesale and retail auction facility;
and did also amend the conditions of approval including new Condition No. 8 which specifies, "That this
use shall expire 20 months from the date of this Resolution, on October 1, 2001"; and
WHEREAS, on February 11, 2002, the Planning Commission did, by its Resolution No.
PC2002-23, amend Resolution No. PC72-145 as amended by Resolution No. PC72-145, to reinstate and
approve this Conditional Use Permit for an additional period of time, and did also amend the conditions of
approval in their entirety including Condition No. 8 which specifies, "That this use shafl expire on March,
2003"; and
WHEREAS, this property is developed with an automobile auction facility (Quartz Dealer
Direct) located in an industrial tract on the west side of East Street north of South Street; that the
underlying zoning is ML (L'imited Industrial); fF~af the An~~i~im-Ge~eral Ptan ctesignates ~he property#oF
General Industrial land uses; and that the property is located within the South Anaheim Boulevard
Corridor Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this Conditional Use Permit to
retain the automotive wholesale and retail auction facility for an additional two years under authority of
Section 18.03.093 (Conditional Use Permits and Variances Approved with Time Limitations) 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 July 28, 2003, 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 use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be 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 use, as proposed to be 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 proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
Tracking No. CUP2003-04725
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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.
6. That this Conditional Use Permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations previously approved by the Planning Commission.
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.
8. That one person spoke at the public hearing in opposition to the request and submitted a
letter describing disturbances to the neighborhood caused by the subject business and other concerns of
nearby property owners; and that no other correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an automotive wholesale and retail auction
facility on property consisting of 1.9 acres with a frontage of 240 feet on the west side of East Street and
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.
N~V1/; THERE~ORE, BE rT RESOtV€D that the ARaheim City Plan~iFlg Co~miss+o~-does
hereby reinstate and approve Conditional Use Permit No. 1322 to retain an automotive wholesale and
retail auction facility at 633 South East Street, and does also amend Resolution No. PC72-145, as
amended by Resolution Nos. 2000R-18 and PC2002-23, to amend the conditions of approval in their
entirety, to read as follows:
That this Conditional Use Permit shall expire on March 1, 2005.
2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following as
stipulated by the petitioner:
Monday: 8:30 a.m. - 9:00 p.m.
Tuesday through Saturday: 9:00 a.m. - 5:00 p.m.
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 planter 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 other outdoor uses.
6. That 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 finrenty
four (24) hours from time of occurrence.
7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be
maintained in good condition.
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8. That signage for subject facility shall be limited to the existing and iegaliy permitted signs. Any
additional signs shall be subject to review and approval by the Planning Commission as a`Reports
and Recommendations' item.
9. That trash storage area(s) shatl 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 area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected
from graffiti opportunities by the use of plants such as minimum one (1) gallon size 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 the nearby residential properties.
16. That the applicant shall maintain an agreement with nearby property owners for the appropriate
number of parking spaces for this use, which spaces are located in the shopping center at 1215 East
Lincoln Avenue and/or other nearby sites, as required by the City Traffic and Transportation
Manager. Said agreement shall be recorded in the Office of the Orange County Recorder. The
number of parking spaces shall be in excess of that which is required by Code for the commercial
retail center at 1215 East Lincoln Avenue and/or any other off-site parking sites.
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 approval of
the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at th Planning Commission meeting of
July 28, 2003. . '~~~G ,~-G~
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C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, 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 28, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'COIVNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ay of
Gl.a;~ , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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