Resolution-PC 2007-102. ~ :
RESOLUTION NO. PC2007-102
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING
AND APPROVING CONDITtONAL USE PERMITNO. 1322 (TRACKING NO. CUP2007-05234) IN PART,
' AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-85,
ADOPTEQ TMEREWITH
(633 SOUTH EAST STREET - QUARTZ DEALER bIRECT)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as: :
WHEREAS, THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM DID `
RECEIVE A VERIFIED PETITION FOR CONDITIONALUSE PERMIT FROM E.D.
JOHNSON AND COMPANY, POST OFFICE BOX 10040, SANTA ANA, CALIFORNIA
92711 OWNER OF CERTAIN REEL PROPERTY SITUATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STAT OF CALIFORNIA„ DESCRIBED AS THE
NORTHWESTERLY 240.00 FEET OF THAT PORTION OF VINEYARD LOT M-1,AS
SHOWN ONA MAP OF THELANDS OF ANAMEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 4, PAGE 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER qF SAID LOT H-I, SAID SOUTHEAST CORNER BEING THE INTERSECTION
OF THE WESTERLY LINE OF THE EAST STREET, 66.00 FEET WIDE, AND THE
NORTHERLY LINE OF SOUTH STREET. 24.75 FEET WIDE, S SHOWN ON SAID MAP;
THENCE NORTH 15°30'00" WEST ALONG SAip WESTERLY LINE OF EAST STREET,
402.99 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO
KEL-GER, INC IN PARCEL 1 OF THE DEED RECORDED IN BOOK 2459, PAGE 432 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE SOUTH 74° 22'35" WEST ALONG THE SOUTMERLY LINE OF
KEL-GER, INC., 331.20 FEET TO THE EASTERLY LINE OF TME 20.00 FEET WIDE STRIP
OF LAND CONVEYED TOT EH CITY OF ANAHEIM, BY DEED RECORDED IN BOOK
2729, PAGE 208 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 15°30'31" EAST ALONG
SAID EASTERLY LINE, 403.15 FEET TO SAID NORTHERLY LINE OF SOUTH STREET;
THENCE NORTH 74° 21'04" EAST ALONG SAID NORTHERLY LINE, 331.14 FEET TOT
THE POINT OF BEGINNING.
WHEREAS, on June 1, 2005, the Anaheim Planning Commission, by Resolution No. PC2005-
85, approved Conditional Use Permit No. 1322 to retain an automotive auction at 633 South East Street; and
WHEREAS, said Resolution No. PC2005-85 includes the following condition of approvaL•
"1.That this conditional use permit shall expire on March 1, 2007:'
WHEREAS, this property is currently developed with an automotive auction, the underlying
zoning is I(Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential
land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an
automobile wholesale and retail 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 August 20, 2007, at 2:30 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 18.60 "Procedures", to hear
and consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and
PC2007-102 -1- PC2007-102
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WHEREAS, said Commission, after due inspection, inyestigation and studymade by itself and
in its behalfi and after due consideration of all evidence and reports offered at said hearing, .does find and
determine the following facts:
1. That the p~oposed reinstatement of this permit and the modification or deletion of a condition of
approval pertaining to a time limitation to retain a previously-approVed automotive auction facility is properly one
for which a conditional use permit is authorized under Code Section 18.10.030.010.0404 (Automotive-Car Sales
& Rental). ,
2. ThaYtestimonywas receiVed during the public hearing indicating that the existing use has
created impacts to the surrounding neighborhood. Based on the testimony and letters received, the Planning
Commission denies the request to delete the time limitation. '
2. That compliance with incorporated operational measures will ensurethe patrons and employees
of the facility park within designated areas only: Routine inspections are required to monitor the land use and
ensure that conditions of approval are adhered ta
3. 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.
4. That with the added condition of approval, this conditional use permit will be exercised in a
manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety.
5. That two people indicatetl their presence at the public hearing in opposition;. and that a letter
was received in opposition to the subject request. Two phone calls were received with concerns regarding
parRing; noise and property damage issues.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit and does hereby find that the Negative
Declaration previously approved in connection with Conditional UsePermit 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#urther finding on the
basis of the initial study and any comments received that there is no s~bstantial evidence that the project will
have a significant effect on the environment.
NOW, TMEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. PC2005-85, adopted in connection with Conditional Use Permit No. 1322 in its entirety
into a new resolution, to reinstate this conditional use permit, and incorporate the following conditions of
approvaL•
1. That 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 during the hours specified above.
2. That all auction vehicles shall be operable and parked in the screened storage area only.
3. That the 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.
4. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking.
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5. That 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.
6. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained
in good'condition.
7. That signage for subject facility shall be limited to the existing and legally permitted signage. Any
additional signage shall be s4bject to approval by the Planning Commission as a Reports and :
Recommendations item.
8. That trash storage areas shall be maintained in a location acceptable to the Publi~ Works Department,
Streets and"Sanitation Division andin accordance with approved plans on file with said Department. Said
storage areas shall be designed,]ocated 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 minimum 1-gallon size clinging vines, planted on
maximum 3-foot centers, or tall shrubbery.
9. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display.
10. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m.
11. That off loading of vehicles shall be limited to Rose Street behind (west ofl the auction facility:
12. 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 shall be wiped off before
the vehicle is rinsed.
13. ~hat any use of loud speakers shall not be audible to the residential properties.
14. That the conditional use permit shall expire on August 20, 2008.
15. That the property owner shall pay the costs of Code Enforcement inspections once each month for the
first six (6) months from the date of this resolution, and quarterly thereafter, or as deemed necessary by
the City's Community Preservation Division to gain and/or maintain compliance with State and local -
statutes, ordinances, laws or regulations.
16. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder 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
such other nearby sites. The number of parking spaces shall be in excess of that which is required by
Code by said commercial retail center and or any other off-site parking site.
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 Exhibit No. 1, Revision 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 requiremenf.
BE IT FURTHER RESOLVED that the Anaheim 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 judgmentof any court ofcompetent jurisdiction, then this Resolution; and any
approvals herein contained, shall be deemed null and void,
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BE IT FURTHER RESOLVED that the applicant is responsible for paying ail charges retated to '
the processing of this discretionary case appfication 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 at the Planning Commission meeting of
August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
' CHAIR AN O-TEM R H I PLANNING COMMISSION
ATTEST: :
i ~%~~,~.- ~
SENIOR SECRETARY, ANANEIM 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
August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: AGARWAL, ROMERO
ABSENT: COMMISSIONERS: BUFFA '
IN WITNESS WHEREOF, I have hereunto set my hand this ~p 3 day of ~,
2007.
v~.,.~,. ~`~~s~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION