Resolution-PC 2009-061RESOLUTION NO. PC2009-061
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DET`ERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND REINSTATING AND APPROVING, IN
PART, CONDITIONAL USE PERMIT NO. 1322 ('IRACKING NO. CUP2008-05356), AND
AMENDING CONDTI'IONS OF APPROVAL OF RE30LUTION NO. PC2007-102,
ADOPTED THEREWITH (633 SOUTH EAST STREET - QUARTZ DEALER DIRECT)
WHEREAS, the Anaheim Ciiy Planning Commission did receive a verified
Petition for an amendme~t to previously approved Conditianal Use Permit No. 1322 to reinstate
Quartz Dealer Direct, an automotive whQlesale and retail auction facility wiYh fewer parking
spaces than required by Code, and delete a condition of approval which sets an expiration date
for the permit on certain real property sit~ated in tt~e City of Anaheim, County of Orange, State
of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, said Petition is in conjunction with a request for an amendment to
previously-approved Conditional Use Permit No. 4014 and Variance No. 2009-04776 for First
Southem Baptist Church and private schoo] Co permit satellite parking for QaarCZ Dealer Direct
with fewer parking spaces than required by Code; and
WHER~AS, on August 20, 2007, Che Anaheim Planning Commission, by
Resolukion No. PC2007-102, approved Canditional Use PermiC No. 1322 to retain an automotive
auction at 633 South East Street; and
WHEIt}?AS, said Resolution No. PC2007-102 includes Che following condition of
approval:
"1. This conditional ~se perntit shall expire on August 2Q 2008."
WHEREAS, this property is cunently developed with an automobile wholesale
and retail auction facility, tk~e underlying zoning is I(Indns~rial); the Anaheim General Plan
designates this property for Low-Medium Density Residential land uses; and this propeRy is
located within the Merged Anaheim Redevelopment Project Area; and
WHEREAS, the applicant has requested reinstatement of this conditional use
pemvt co retain an automobile wholesale and retail aackion facility with fewer parking spaces
than required by Code pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, Che Planning Cammission did hold a public heariug at the Civie
Center in the City of Anaheim on June 22, 2009 at 2:30 p.m„ after said item was continued from
the Apri130> 2009 and May 27, 2009 Planning Commissiop meetings, natice pf said public
hearing having been duly given as required by law and in accordance wiYh 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
connecCion Cherewith; and
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WHEREAS, said Commission, afrer due inspection, investigation and study made
by itself and in its behalf, and a£ter due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the proposed reinstatement of this permit and the modification or deletion of
a condition of approval pertaining to a 6me limitation to retain a previously-approved
automotive auction facility with fewer parking spaces than required by Code is properly one for
which a conditional use permit is authorized under Code Section 18.10.030.010.0404
(AutomoCive-Caz Sales & Rental).
2. That the request to retain the auction facility will not adversely affect the
adjoining land usas aud the growth and development of the area in which it is ]ocated beca~se
the operator has incorporated operational measures to ensare the patrons and employees of the
facility park within designated areas only.
3. ThaC Che size and shape of the site Por the automotive auction is adequate Co allow
full develagmenC of the use in a manner not detrimeotal to the particular area nor to the health
and safety.
4. Thaf this conditional use permit is being exercised in substantially the same
maoner and in conformance with all conditions and st9palations originally approved by the
Planning Commission.
5. That this conditiona] use perm9t is being exercised in a manuer not detrimental to
the particulaz area and surrounding land uses, nor to the public health and safety.
6. The facts ~ecessary to support each and every reqnired showing for the original
approval of the entitlement exist; and
WHEREAS, a CEQA Negative Declaration is adequate to serve as the required
environmenCal docume~tation in coonection with Chis request.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional
Use Permit No. 1322, in part, approving the request for reinstatement but imposing a two year
retroactive time limitatia~ to expire on August 20, 2010, on tUe permit and amend, in the9r
entirety, the cooditions af approval adopted in connection with ~lanning Commission Resolution
No. PC2007-102, as described in Exhibit "B° attached hereto and incorporated by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the subject property
in order to preserve the health, safety and general welfare of the Citi2ens of the City of Anaheim.
Timing for compliance with conditions of approval may be amended by tbe Planning Director
^pon a showing of good cause provided (i) equivalent timiug is established YhaY saCisfies the
original intent and purpose of the condiCion(s), (ii) the modificatiou complies with the Anaheim
Municipal Code a~d (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development. Extensions for further time to complete
condiTions of approval may be granted in accprdance with Section 18.60.170 of Che Ana6eim
Municipal Code.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby fmd and determine that adoption of this Resolution is expressly predicated upon
applicant's comptiance with each and all of the conditions hereinto set forth. Should any such
condition, or any part thereof, be declazed 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 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 regularions. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement,
BE ]T FURTI-IER RESOLVED that the applicant is responsib(e for payic~g all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or pzior 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.
TF~ FOREGOING RESOLU'I'ION was adopted at the Planning Commission
meeting of June 22, 2009. 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 ofan appea .
CHA , NAHEIM C TY PLANNING COMMIS3ION
ATTES~:
Y, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Aaaheim 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 June 22, 2009, by the following vote of the members thereof
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAI{I,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: NQNE
IN WITNESS W~~R-~OF, I have hereunto set my hand this L~ay of June, 2009.
Y, ANAHEIM CITY PLANNING CQMMIBSION
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EYHI:BIT "~,"
AMENDMENT TO CONDITIONAL USE PLRMIT NO. 1322
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.1322
RESPONSIBLE
NO. CONAITIONS OF APPROVAL FOR
MONITORING
GENERAL CONDITIONS - ONGOING DURING OPERATION
1 This conditional use permit shall expire on August 20, Planning
2010.
2 The hours of operation, except for off-loading of vehicles, Code Enforcement
~~ sball be ]imited to the following, as stipulaked by the
applicant:
8:30 a.m. - 9:00 p.m. on Monday
9:00 a.m. - 5:00 p.m. on T~esday through Saturday
Automotive auctions may be conducted on Mondays and
Fridays for a maximum of three (3) hours on each day.
3 The business sha11 comply with the followiug operational Code Enforceme~t
limitations in order to discourage patrons from parking on
the nearby residential streets:
A) A oniformed employee shall be stationed aY khe
intersecYion of East Street and Crestbrook Place
starting 3 hours in advance of, and during auction
hours, to inform patrons fhey will noC be allowed to
enter the auction if they do not use the off-site parking
lot at 1275 East Broadway.
B) Each auction attendee shall be provided a map and
directions to the off-site parking location in advance
of the auction date. The map and directions shall be
included in all promotional material generated to
advertise the business.
C) Admittanee to tbe auction shall be limited to those
patrons who park on-site and/or park in the off-site
pazking location and obtain a wristband from the
shuttle bus driver documenting they parked at the off-
site parking location.
4 All auction vehicles shall be operable and parked in the Code Enforcement
screened storage area only.
5 The 10-foot wide landscaped planter area adjacent to East Code Enforcement
Street shall be properly maintained with ground cover and
shrubs.
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6 No required parking area shall be fenced or otherwise Code Enforcement
enclosed for oatdoor uses otherthan parking.
7 The property shall be permanently maintained in an Code Enforcement
orderly fashion by providing regular landscape
mainte~ance, removal of trash and debris, and removal of
graffiCi wiChin twenty-four {24) ho~rs from time of
discovery.
8 The chain-link fence shall be maintained and screened Code Enforcement
wiYh PVC slats. Said slats shall be maintained in good
condition.
9 Signage for subject facility shall be limited to the existing Planuing
and legally permitted signage. Any additional signage
shall be subject to approval by the Planning Commission
as a Reports and Recommendations item.
10 Trash storage areas shall be maintained in a location Public Works,
acceptable to the Public Works Department, Streets and Streets and
SanitaYion Division and in accordaoce with approved SaniCation
plans on file with said Department. Said storage areas
shall be designed, located and screened so as nok to be
readily identifiable from adjacenC streets or highways.
The walls of the storage azeas that are visible to the public
shall be pmtected from graffiti opportunities by the use of
plant maCerials such as minimum 1-gallon size clinging
vines, planYed on ma~cimum 3-foot centers, or tall
shrubbery.
I 1 Auto mainTenance and repair shall not be permitted, nor Code Bnforcement
shall there be any retail sales or display.
12 There shall be no off-loading of vehicles during the hours Code Enforcement
of 10 p.m. to 6 a.m.
13 Off loading of vehicles shall be limited to Rose Street Code Enforcement
behind (west ofl the aacCion facility.
14 On-site car washing shall be limited to washing with tap Code ~nforceme~t
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.
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15 The property owner shall pay the costs of quarterly Code Code Enforcement
Enforcement inspections, and as deemed necessary by the
City's Code Enforcement Divasion to maintain
compliance with State and local statutes, ordinances, laws
or regulations.
lb Any use of loud speakers shall noY be audible to the Code Enforcement
residential properties.
17 The applicant shall maintain an agreement recorded in the Planning
Office of tbe Orange CoanYy Recorder with FirsY
Southern Baptist Church, located at 1275 East Broadway,
for the use of up to 100 parking spaces on Mondays from
3:00 PM to 9:00 PM and Fridays from 10:00 AM to 3:00
PM or such other nearby sites. The number of parking
spaces shall be in excess of that which is required by
Code or as approved by a parking variance.
18 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitYed to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1
through 5, and as conditioned herein.
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