Resolution-PC 2005-97• •
RESOLUTION NO. PC2005-97
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4161, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OFRESOLUTION NO. PC99-194,
' ADOPTED THEREWITH
(1260 NORl'H GROVE STREET)
WHEREAS, on November 8, 1999, the Anaheim Planning Commission, by Resolution
No.PC99-194, approved Conditional Use Permit Na 4161 to establish an off-site automobile storage lot at 1260
North Grove Street for an existing 'automotive auction facility at 1320 North Tustin Avenue (California Auto
Dealers Exchange); and
WHEREAS, said Resolution No. PC99-194 includes the following condition of approvaL
"1. That the subject use permit shall expire on December 31, 2004."
WHEREAS, this property is currently developed with an automotive storage parking lot, the
underlyingzoning is Development Area 2"Expanded Industrial Area" of the Northeast Area Specific Plan No.
94-1; the Anaheim General Plan designates thisproperty for General Industrial land uses; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit and deletion
of Condition No. 1 of Resolution No. PC99-194 pertaining to a time limitation to retain an automobile storage lot
for an existing automotive auction facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS,the Planning Commission did hold a public hearing at the Civic Center in the City'of
Anaheim on June 27, 2005, at 2:00 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 18.6Q "Procedures", 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 existing automotive storage parking lot is one for which a conditional use permit is
authorized by the Zoning Code.
2. That the request to retain the automobile storage parking lot will not adversely affect the
adjoining land uses and the growth and devefopment of the area in which it is located.
3. That the facts necessary to support each and every required showing for the original approval
exist; and that the size and shape of the site for the automotive storage parking lot is adequate to allow
continuation of the use in a manner not detrimental to the particular area nor to the health and safety.
4. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission and that there
are no outstanding site maintenance of Code-related issues for the property.
5. 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 health and safety.
6. That with regard to the request to delete the 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 of the use is no
longer necessary.
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7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subjecf petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT fINDING That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit and to'delete the time limitation to retain an
automotive storage parking fot for an existing automobile auction facility; and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 4161 is adequate to serve as the
' required environmental documentation in`connectiorr with this request Upon finding that the declaration reflects
the independent judgment of the lead agency and #hat 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 1T RESOLVED that the Anaheim Planning Commission does hereby
grant reinstatement of Conditional Use Permit No.4161; incorporating conditions of approval contained in
Resolution No.PC99-194, which are hereby found to be a necessary prerequisite to the proposed use of the
subject property`in order to preserve the health and safety of the Citizens of the City of Anaheim:
1. . That no customers or dealers and no sales or auction activities shaU be permitted on this property.
2. That no Special Event Permits shall be permitted for this property. -
3. That this automobile storage faci{ity sha{I be accessory to the primary business, California Auto Dealers
Exchange (C.A.D.E.) located at 1320 North Tustin Avenue; and that only automobiles shall be stored on
this property.
4. That any gates shall be closed at all times to screen the vehicle storage area, except during the actual
ingress and/or egress of vehicles.
5. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained
in good condition.
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 twenty four (24) hours
from time of occurrence.
7. That all trees planted on-site shall be replaced in a timely manner in the event that they are removed,
damaged, diseased and/or dead.
8. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display.
9. That full time twenty four (24) hour security shall be provided on-site.
10. That a maximum of two hundred four (204) vehicles shall be stored on-site, completed screened from any
off-site view.
11. That no vehicle transporter trucks (tow trucks excluded) shall be used to transport vehicles to this storage
lot.
12. That the subject 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 and as conditioned herein.
13. 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.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each
and all of the conditions hereinaboye set forth. Should any such condition, or any part thereof, be declared;
invalid or unenforceableby the final judgmenfofianycourt of competent jurisdiction, then this Resolution, and
any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the,applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 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 af the Planning Commission meeting of June 27,' '
2005: Said resolution is subject to the appeal provisions set forth in Chapte . 0"Procedures" of the Anaheim
:Municipal Code pertaining to appeal procedures and may be replaced Ci Coun ' 'on in the event '
of an appeaL . . ,
GHAIRMAN, ANAHEIM PLANNING COMMISSION ,
ATTEST:
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SENIOR SEGRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
June 27, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, P. ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ q~day of ~cl ~
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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