Resolution-PC 2008-17•
RESOLUTION NO. PC2008-17
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2334 AND
AMENDING RESOLUTION NO. PC82-93, AS PREVIOUSLY AMENDED
(1320 NORTH TUSTIN AVENUE AND 1401 NORTH JEFFERSON AVENUE)
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:
PORTION 1:
THAT PORTION OF LOT 42 OF HAZARD'S SUBDIVISION, AS SHOWN ON LICENSED
SURVEYORS MAP FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE 50 32' S4" E 16.06
FEET ALONG THE EAST LINE OF SAID LOT TO THE NORTHWEST LINE OF THE
RIGHT OF WAY CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY
DEED RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346 OF DEEDS; THENCE
SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT OF WAY LINE 349.34 FEET
ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADNS OF 2593.53
FEET THROUGH A CENTRAL ANGLE OF 7 43'03" THENCE CONTINUING TANGENT
TO SAID CURVE ALONG SAID RIGHT OF WAYS 15 30' 32" W 267.35 FEET TO THE
NORTH LINE OF THE LAND CONVEYED TO WILLIAM B. SPEER BY DEED
RECORDED DECEMBER 26, 1917 IN BOOK 316, PAGE 398, OF DEED5 SAID NORTH
LINE BEING ALSO THE NORTH LINE OF PARCEL 3, OF PARCEL MAP RECORDED IN
BOOK 47, PAGE 19, OF PARCEL MAPS, RECORDS OF SAID COUNTY ; THENCE S 89
20' 33" W 622.74 FEET ALONG SAID NORTH LINE AND IT'S WESTERLY
PROLONGATION TO THE SOUTHEAST CORNER OF LAND CONVEYED TO MARTIN
APALATEGUI AND JUANA APALATEGUI, HIS WIFE BY DEED RECORDED AUGUST
22, 1918, IN BOOK 326, PAGE 29, DEEDS; THENCE S 0 32' S1" W 600.72 FEET ALONG
THE EAST LINE OF SAID APALATEGUI LAND TO THE NORTHEAST CORNER
THEREOF, SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID LOT
42; THENCE N 89 20' 09" E 815.60 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
PORTION 2:
THAT PORTION OF LOT 35 OF HAZARD'S SUBDIVISION, IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON AMENDED MAP OF
RICHFIELD FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
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BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF
SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF
SAID LOT 35, 256.24 FEET; THENCE WESTERLY. PARALLEL TO THE SOUTHERLY
LINE OF SAID LOT 35, 850 FEET; THENCE SOUTHERLY, PARALLEL TO THE
EASTERLY BOUNDARY LINE OF SAID LOT 35, 256.24 FEET; THENCE EASTERLY 850
FEET TO THE POINT OF BEGINNING.
WHEREAS, on May 17, 1982, the Anaheim City Planning Commission, by its
Resolution No. PC82-93 approved Conditional Use Permit No. 2334 to permit the expansion of
an existing automobile auction and detailing facility in the ML (Limited Industrial) zone at 1320
North Tustin Avenue; and
WHEREAS on November 27, 1995, the Planning Commission, by its Resolution
No. PC95-141, did approve an amendment to Conditional Use Permit No. 2334 to permit further
expansion of the existing automobile auction and reconditioning facility with waivers of
minimum landscaping requirements and permitted encroachment into a setback, and did amend
the conditions of approval of Resolution No. PC82-93 adopted in connection therewith; and
WHEREAS on October 11, 1999, the Planning Commission, by its Resolution
No. PC99-178 did approve an amendment to Conditional Use Permit No. 2334 to retain five
temporary trailers for office use and two canopies and to permit new vehicle auction lanes in
conjunction with the existing automobile auction and reconditioning facility, and did amend the
conditions of approval of Resolution No. PC82-93 adopted in connection therewith; and
WHEREAS, on November 14, 2007, the Planning Commission, by its Resolution
No. PC2007-140, did approve an amendment to Conditional Use Permit No. 2334 to permit the
expansion of an existing automobile auction facility to add a 638 space vehicle storage lot and
vehicle unloading area at 1401 North Jefferson Street with waiver of minimum setback adjacent
to a public right-of--way, and did amend the conditions of approval of Resolution No. PC82-93
adopted in connection therewith; and
WHEREAS, Condition Nos. 18 and 19 of Resolution No. PC82-93, as
subsequently amended by Resolution No. PC2007-140 states:
18. That the hours of operation for the auto auction facility shall be as follows:
Monday through Thursday: 9 a.m. to 5 p.m.
Friday: 9 a.m. to 4 p.m.
Saturday and Sunday: Closed
19. That the hours of operation for the loading area and vehicle staging shall
be as follows:
Monday through Friday: 7 a.m. to 7 p.m.
Saturday and Sunday: Closed
WHEREAS, the applicant has requested an amendment to Conditional Use Permit
No. 2334 to amend Conditions No. 18 and 19 pertaining to hours of operation; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 2008 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, to hear and consider evidence for and against said proposed
conditional use permit 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 an amendment to the conditional use permit to delete the limitation on the
hours of operation is permitted under authority of Code Section 18.60.190.
2. That an amendment to the conditional use permit to delete the limitation on the
hours of operation for the automobile auction facility will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
4. That 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 and will provide a
land use that is compatible with the surrounding area.
5. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 2334
(Tracking No. CUP2007-05260) is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission for the reasons hereinabove stated does hereby approve the amendment to
Conditional Use Permit No. 2334 as described above.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the conditions of approval of Resolution No. 82-93 to read as
follows:
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Responsible
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COA Conditions of Approval Monitoring
TIMING: PRIOR TO ISSUANCE OF A B UILDING PERMIT OR WITHIN ONE (1) YEAR FROM
THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
That all automobile parking storage and circulation areas shall be fully paved
with minimum three (3) inch asphalt concrete or other comparable material Planning
COA 1 approved by the City of Anaheim, and shall be maintained in good condition
at all times.
That plans shall be submitted demonstrating that vehicle unloading
COA 2 operations within the transporter unloading area will not be visible to the Planning
public right-of--way.
That the legal property owner shall provide a Title Report and any backup
COA 3 documents describing any easements on the property. Upon review, aright-of- PW -Dev Svcs
way dedication may be required.
That the legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to Public Works/DevelopmentServices. A PW _Dev Svcs
COA 4 Certificate of Compliance or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the Orange
County Recorder prior to issuance of a building permit.
That a Right of Way Construction Permit shall be obtained from the
Development Services Division for all work performed in the right of way.
The developer shall submit street improvement plans to the Public Works
Department, Development Services Division to improve Jefferson Street (4-
lane secondary arterial with a required 45-foot half width, 32' curb, 8' parkway
and 5' sidewalk) in conformance with Public Works Standard Detail 160-A and PW _Dev Svcs
the City of Anaheim General Plan. Parkway landscaping and sidewalk shall be
COA 5 constructed with the parkway irrigation connected to the on-site irrigation
system and maintained by the property owner. A bond shall be posted in an
amount approved by the City Engineer and a form approved by the City
Attorney. The driveway approaches on Jefferson Street shall be constructed to
be in conformance with Public Works Standard Detail 115-B. The curb return
radius shall be located a minimum of 1' from the property line. Driveways
shall have a S' clearance from the curb return radius to any existing structures.
COA 6 That the recordation of a Save Harmless in-lieu of Encroachment Agreement pW _Dev Svcs
be required for any private storm drains connecting to a City storm drain.
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Responsible
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COA Conditions of Approval Monitoring
That plans shall show any proposed gates and shall demonstrate that gates
shall not be installed across any driveway in a manner which may adversely
affect vehicular traffic on the adjacent public streets and that installation of pW _ Traffic
COA 7 any gates shall conform to the current version of Engineering Standard
Detai1475. The location of any proposed gates shall be subject to the review
and approval of the City Traffic and Transportation Manager.
That plans shall be submitted to the City Traffic and Transportation Manager
for his review and approval showing conformance with the current version of
COA 8 Engineering Standard Plans and Details 402, 436, 470, 471, 472, and 473 pW _ Traffic
pertaining to parking standards and driveway locations. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
That street improvement plans shall be submitted for all street improvements
COA 9 adjacent to the project site to Public Works/ Development Services for pW _Dev Svcs
review and approval. These plans will show both sides of Jefferson Street,
including all driveways and utility installations, signing and striping.
That plans shall show conformance with the current version of Engineering
COA 10 Standard Detail 115 pertaining to sight distance visibility for signs and pW _ Traffic
fence/wall locations and pertaining to industrial driveway radii to the
satisfaction of the City Engineer.
That plans submitted for building permits shall be prepared substantially in
accordance with the plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with the Planning
COA 11 Department marked Revision No. 3 of Exhibit No. 1 and Exhibit Nos. 2 Planning
through 5. That a note shall be added to the construction plans that prior to
final building and zoning inspections, the subject property shall be developed
in substantial accordance with the approved construction plans.
That a note shall be added to the construction plans that all public
COA 12 improvements shall be installed and completed prior to final building and PW -Dev Svcs
zoning inspections.
That fire lanes shall be posted with "No Parking Any Time." Said
COA 13 information shall be specifically shown on plans submitted for building Planning
permits.
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Responsible
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COA Conditions of Approval Monitoring
That in order to enforce the City of Anaheim regulation prohibiting on-street
parking along Tustin Avenue, the property owners shall paint the curb red
for the entire length of this property and shall maintain this painted area on pW _ Traffic
COA 14 Tustin Avenue. The painting shall be subject to the approval of the City
Traffic Engineer. This requirement shall be specifically shown on plans
submitted for building permits.
That a note shall be added to the construction plans submitted for building
permits that the applicant shall comply with the following prior to final
building and zoning inspections:
• Demonstrate that all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved plans
COA 15 and specifications. PW -Dev Svcs
• Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project WQMP
• Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite.
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
TIMING: PRIOR TO ISSUANCE OFA GRADING PERMIT
That the applicant shall submit to the Public Works Department Development
Services Division for review and approval a Water Quality Management Plan
that:
• Addresses Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in PW -Dev Svcs
COA 16 the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
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Responsible
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COA Conditions of Approval Monitoring
GENERA L CONDITIONS
That the hours of operation for the loading area and vehicle staging shall be
COA 17 as follows: Planning
Sunday through Saturday 24 hourslday
That timing for compliance with conditions of approval maybe amended by
the Planning Director upon a showing of good cause provided (i) equivalent
COA 18 timing is established that satisfies the original intent and purpose of the planning
condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
That ongoing during project operation, under no circumstances shall car
COA 19 carriers be unloaded or loaded on any public right-of--way nor shall any PW -Traffic
vehicles be parked or staged on said streets.
That ongoing during project operation, all vehicles intended for auction, or
COA 20 already auctioned, shall be stored inside the fenced area only and shall not be Planning
parked in the parking area intended for dealer and customer parking.
COA 21 That on-going during project operation, the transporters will enter the site at pW _ Traffic
the south driveway and exit the site at the north driveway.
COA 22 That on-going during project operation, sanitary sewer and storm drains for this PW - Dev Svcs
development shall be privately maintained.
That on-going during project operation, the property shall be permanently
COA 23 maintained in an orderly fashion through the provision of regular Planning
landscaping maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code
COA 24 and any other applicable City, State and Federal regulations. Approval does Planning
not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
That extensions for further time to complete conditions of approval maybe planning
COA 25 granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
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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
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 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 or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 4, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and maybe replaced by a City ouncil Re olution in the event of an appeal.
CHA , ANAHEI ~ ANNING COMMISSION
ATTEST:
SENIOI~~SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 February 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of
February, 2008. ,, -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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