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Resolution-PC 99-201RESOLUTION NO. PC99-201 A RESOLUTION OF THE ANAHFIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC72-145, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1322, TO RETAIN THE USE FOR ONE (1) YEAR WHEREAS, on July 6, 1972, Resolution No. PC72-145 was adopted by the Planning Commission to grant Conditional Use Permit Mo. 1322 and permit an auto and light truck leasing agency for commerce and industry with ~maiver of minimum site size at 633 South East Street; and WHEREAS, this properry is developed with an unpermiried wholesale car auction facility (Quartz Dealer Direct) in the ML (Limited Industrial) zone; and that the property is located within the South Anaheim Boulevard Corridor Redevelopment Project Area and is designated for General Industrial land uses by the Anaheim General Plan Land Use Element; and WHEREAS, the petitioner requests an amendment to this conditional use perm~! to retain the unpermitted automobile wholesale and retail auction facility; and VJHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 19, 1999 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 conditional use permit and to investigate and make findings and recommendations in ~onnection therewith; and that said public hearing was continued to the September 27, October 11 and November 22, 1999 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in ?ts behaif, and after due consideration of alI evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Section 18.61.050.050 of the Anaheim Municipai Code. 2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and devel~pment of the area in which ii is located. 3. That the size and shape of the site for the use is adequate to allow full development of said use in a manner not detrimental to the particular area nor to the peace, heaith, safety and general welfare. 4. That the tra~c generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That amending this conditional use permit, under the conditions imposed, will not be detrimentai to the peace, heoi:h, safeb/ and general welfare of the citizens of the City of Anaheim. 6. That two people indicated their presence at the pubiic hearing in opposition to the proposai; and that correspondence was received in opposition to the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has rev.iewed the proposal to amend Conditional Use Permit No. 1322 to permit and retain an automobile whoiesale and retail auction facility on a 1.9-acre rectangularly-shaped property having a frontage of 240 feet on the west side of East Street, a maximum depth of 344 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 approve the Negative Declaration upon fi~ding that the declaration CR3819PK.DOC -1- PC99=Z01 reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the pubiic review process and further fir.ding 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 IT RESOLVED that the A~aheim City Planning Commission does hereby amend Resolution No. PC72-145, adopted in connection with Conditional Use Permit No. 1322, to permit and retain an automobile wholesale and retail auction facility for o~e year, and AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following new conditions of approval to said resolution: 8. That this use shall expire one (1) year from the date of this resolution, on November 22, 2000. 9. That the chain-link ~ence shail be refurbished and screened with PVC slats. Said slats shall be maintained in good condition. 10. That all auction vehicles shall be operable and parked in the screened storage area only. 11. That the ten (10) foot wide landscaped planter area sdjacent to East Street shall be refurbished with additional ground cover and shrubs, as approved by the Planning Department. 12. That signage for subject facii;ty shall be limited to the existing and legally permitted signage. Any additional signage shall be subJect to approvai by the Planning Commission as a"Reports and Recommendations" item. 13. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on fi;a with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiabie from adjacent streets or highwa~~s. The walis of the storage areas shall be protected from gra~ti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 14. That the applicant shali be responsibie for maintaining the premises free of litter at all times. 15. That automobiie maintenance and repair shall not be permitted, nor shall there be any retail sales and/or display. 16. 7hat there shall be no off-loading of vehicles during the hours of 10 p.m, to 6 a.m. 17. That off loading of vehicles shall be limited to Rose Street behind the auction facility. 18. That on-site car washing shali 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-by-spot basis, but must be wiped off before the vehicle is rinsed, 19. That cars being rinsed shall be located near East Street in order to allow water run- off to enter the catch basin south of the subject property CR3819PK.D0~ -2- PC99-201 20. That the hou~s of operation sha~l be limited to th~ following, as sUpulated by the petitioner. Monday: 8:30 a.m. - 9:00 p.m. Tuesday througt~ Saturday: 9:00 a.m. - 5:00 p.m. Monday and Friday: Automotive auctions for a maximum of three ;3) hours each day, during the business hours specified abave 21. That the owner of subject property shatl submit a letter requesting termination of Variance No. 2699 (waivers of permitted uses ar.d minimum number of parking spaces to expand retaii bakery sales}. 22. That within two (2) working days after final approval of this readvertised conditional use permit, the applicant shall obtain a valid business from the City of Anaheim Busir~ess License Division of the Finance Department. 23. That any use of loud speakers shall not be audible to any residential properties. 24. That 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, and as conditioned herein. 25. That within a period of lwo (2) months from the date of this resolution, Condition Nos. 9, 11, 12, 13, 21, 24 and 26, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. That the applicant shall enter into an agreement with nearby property owners for the appropriate number of parking saaces 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 said commercial retail center andlor any nther off-site parking site. The covenant shall be submitted for review and approval by the Zoning Division of the Planning Department anc: the City Attorney's O~ce and shall then be recorded in the Office of the Orange Counry Recorder. A recorJed copy of the agreement shall be submitted to the Zoning Division. 27. 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 Ciry, 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. CR3819PK.DOC -3- PC99-201 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of L', c ;~mber 22, 1999. ~.~~~ ~ /~~~-~~., HAIRP RSON, ANAHEIM CI PLANNING GOMMISSION ATTEST: . SECRETARY, ANAHEI CITY PLAN~ING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Soiorio, Secretary of the Anaheim City Planning Comm(ssion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 22, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KrJOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, ! have hereunto set my hand thfs ~~~ day of ~Q~jl~,.,_, 1999. ~~ ~ SEC E7AR , NAHEIM CITY PLANNING COMMISSION CR3619PK.DOC -4- PC99-201