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Resolution-PC 2011-058RESOLUTION NO. PC2011 -058 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05560 (DEV2011- 00050) (633 SOUTH EAST STREET) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05560 to retain a wholesale auto auction facility for certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, this 1.75- acre property is developed with a wholesale and retail auto auction facility the property is located in the (I) Industrial zone and the Anaheim General Plan designates the property for Low Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 18, 2011 at 5:00 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 18.60, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning 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 with respect to the request to retain an existing wholesale auto auction facility should be approved for the following reasons: The proposed conditional use permit request to retain a wholesale auto auction facility is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.010.0404 (Automotive —Car Sales & Rental) of the Anaheim Municipal Code. 1. The proposed the conditional use permit to retain a wholesale auto auction facility as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operator has incorporated operational measures to ensure the patrons and employees of the facility park within designated areas only. PC2011 -058 2. The size and shape of the site for the use is adequate to allow the existing auto auction facility in a manner not detrimental to the particular area or to the health due to the proposed and implemented conditions of approval. 3. The traffic generated by the existing auto auction facility does not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on -site the site and at the off -site parking lot located at 1275 East Broadway to accommodate the use. 4. The 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 as the proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011 -05560 and subject to the conditions of approval 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 Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the 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. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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. 2 PC2011 -058 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 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. 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESO ►1�Z.ted at the Planning Commission meeting of July 18, 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim 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 July 18, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, KARAKI, PERSAUD, RAMIREZ NOES: COMMISSIONERS: AGARWAL, FAESSEL ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of July, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -058 EXHIBIT "A" DEV NO. 2011 -00050 � X r APN: 037-130-21 o su ILA) Q Fire[ 0 P-(EFt 5� E 5au E kAp' "N Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +f- two to five feet. 11132 c c 4 PC2011 -058 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS — ONGOING DURING OPERATION 1 This conditional use permit shall expire on July 18, 2013. Planning 2 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. Code Enforcement 3 The business shall comply with the following operational limitations in order to discourage patrons from parking on the nearby residential streets: A) A uniformed employee shall be stationed at the intersection of East Street and Crestbrook Place. A second uniformed employee shall be stationed at the intersection of Dawn Street and South Street. Employees shall be stationed at the locations starting three hours in advance of, and during. auction hours to inform patrons they will not 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 Iocation in advance of the auction date. The map and directions shall be included in all promotional material generated to advertise the business. C) Admittance to the auction shall be limited to those patrons who park on -site and/or Code Enforcement EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05560 (DEV2011- 00050) -5- PC2011 -058 -6 PC2011 -05 8 park in the off -site parking location at 1275 East Broadway 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 screened storage area only. Code Enforcement 5 The l0 -foot wide landscaped planter area adjacent to East Street shall be properly maintained with ground cover and shrubs. Code Enforcement 6 No required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking. Code Enforcement 7 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. Code Enforcement 8 The chain -link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. Code Enforcement 9 Signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shall be subject to review approval by Planning Department staff. Planning 10 Trash storage areas shall be maintained in a Location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located 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 clinging vines, planted on maximum 3 -foot centers, or tall shrubbery. Public Works, Streets and Sanitation 11 Auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display of vehicles. Code Enforcement -6 PC2011 -05 8 -7 PC2011 -058 12 There shall be no off-loading of vehicles between the hours of 10 p.m. to 6 a.m. Code Enforcement 13 Off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility. Code Enforcement 14 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. Code Enforcement 15 The property owner shall pay the cost of Code Enforcement inspections to be conducted on an unannounced quarterly basis to maintain compliance with State and local statues, ordinances, law or regulations, and provisions of this permit. Code Enforcement 16 Staff will prepare and send out, at the applicant's expense, a notice to all properties within 600 feet of the site explaining options to contact the City regarding concerns with the operation of this business. This notice shall include directions for use of the City's 311 phone system, Anaheim Anytime, and a direct line to the Code Enforcement Division. Planning, 17 That the auto auction facility shall be limited to wholesale sales of vehicles only. No retail sales are permitted. Planning 18 The 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 No. 1 (Site Plan and Floor Plan) and as conditioned herein. Planning -7 PC2011 -058