Resolution-PC 2011-070RESOLUTION NO. PC2011 -070
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004 -04946
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005 -17
(DEV2011- 00055)
(1448, 1450, 1460 NORTH RED GUM STREET AND
2961 EAST LA JOLLA STREET)
WHEREAS, on January 24, 2005, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. PC2005 -17 did approve
Conditional Use Permit 2004 -04946 to permit the expansion of outdoor storage of automobiles for
that certain real property located at 1448, 1450, 1460 North Red Gum Street and 2961 East La Jolla
Street in the City of Anaheim, County of Orange, State of California, as more particularly shown on
Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the Planning Commission did receive a verified Petition to amend
Conditional Use Permit No. 2004 -04946 to permit live, outdoor, wholesale vehicle auctions in
conjunction with an existing automobile storage facility for certain real property situated in the City
of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and
incorporated herein by this reference.
WHEREAS, this property is developed with an industrial warehouse building. The
property is located in SP -94 -1, DA1 (Northeast Area Specific Plan No. 94 -1, Development Area 1,
Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 26, 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 amendment to the
conditional use permit and to investigate and make findings and recommendations in connection
therewith;
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. The request to amend said conditional use permit to permit live, outdoor, wholesale
vehicle auctions in conjunction with an existing automobile storage facility is properly one for which
a conditional use permit is authorized under Code Section Nos. 18.66.040.020 (Unlisted Uses
Permitted) and 18.120.050.050 (Conditional Uses and Structures) and of the Anaheim Municipal
Code.
2. The proposed amendment to the conditional use permit to permit live, outdoor,
wholesale vehicle auctions in conjunction with an existing automobile storage facility, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and
PC2011 -070
development of the area in which it is proposed to be located because the proposed activity will
occur entirely on the project site and the site is surrounded by industrial uses.
3. The size and shape of the site for the use is adequate to allow the full development of
the auto auction in a manner not detrimental to the particular area or to the health and safety because
the proposed activity will be contained entirely on the project site in conjunction with existing
outdoor automobile storage activities.
4. The traffic generated by the live, outdoor, wholesale vehicle auctions in conjunction
with an existing automobile storage facility will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because this use does not exceed
anticipated traffic levels for this area.
5. 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 compatible with the surrounding area because the use is integrated with the
existing automobile storage use on the property and is not a health or safety risk to the citizens of the
City of Anaheim.
WHEREAS the Planning Commission has reviewed the proposal and does hereby
find that 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 Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
2004 -04946 (DEV2011- 00055) to allow live, outdoor, wholesale vehicle auctions in conjunction
with an existing automobile storage facility.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission
Resolution No. PC2005 -17, approving Conditional Use Permit No. 2004- 04946A, to read as stated
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.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2005 -17, approving Conditional Use Permit No. 2004 - 04946, shall
remain if full force and effect.
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.
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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.
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 RESOLUTION was adopted at the Planning Commission
meeting of September 26, 2011. f
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
CHAIRMAN, ANAHEIM - PLANNING COMMISSION
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STA IE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 September 26, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 26`'' day of September,
2011.
SENIOR SEC A Y, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00055
APN: 344 - 202 -11
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0 n so NO
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +l- two to five feet.
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PC2011 -070
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
A Burglar /Robbery Alarm permit application, Form APD
515 and a Fire Emergency Listing Card; Form APD -281,
shall be maintained on file with the Police Department.
Police
Department
2
Any loading and unloading of vehicles shall occur on -site
only, and shall not take place in the primary parking area or
within the public right -of -way.
Code
Enforcement
3
No more than 116 persons shall attend each auction event
and parking usage shall not exceed 115 spaces.
Cade
Enforcement
4
Parking for the live automobile auction and all employees
shall be contained entirely on the site. A parking lot
attendant shall direct vehicles to the over -flow parking lot
adjacent to Red Gum Street, to ensure that on- street parking
does not occur.
Code
Enforcement
5
On -going during project operation, no required customer
parking areas shall be fenced or otherwise enclosed for
outdoor storage uses.
Code
Enforcement
6
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash and debris, and removal of
graffiti within twenty four (24) hours from time of
occurrence.
Code
Enforcement
7
That no barbed wire, razor wire or similar security wire shall
be visible in any direction to any non - industrially zoned
property or any public right -of -way.
Code
Enforcement
8
The outdoor storage of automobiles shall not exceed the
height of the perimeter fencing and shall not be visible off
site.
Code
Enforcement
9
No advertising including advertisements placed directly on
the automobiles shall take place at this location.
Code
Enforcement
10
Gates shall not be installed across the driveway in a manner,
which may adversely affect vehicular traffic in the adjacent
public street.
Code
Enforcement
11
Adequate lighting of parking lots, driveways, circulation
areas, and grounds contiguous to buildings shall be provided
with lighting of sufficient wattage to provide adequate
Police
Department
CONDITIONAL USE PERMIT NO. 2004-04946A
(DEV2011- 00055)
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PC2011 -070
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illumination to make clearly visible the presence of any
person on or about the premises during the hours of darkness
and provide a safe, secure environment for all persons,
property and vehicles onsite.
12
No signage (other than the business name and address) shall.
be permitted.
Code
Enforcement
13
Code Enforcement staff shall conduct three unannounced
inspections over a two -year period ending on October 4,
2013, to determine on -going compliance with conditions of
approval. The cost of these inspections shall be billed to and
paid by the applicant.
Code
Enforcement
14
One (1), 24 -inch box sized tree shall be maintained for every
twenty (20) feet of street frontage along Red Gum Street and
La Jolla Street. All on -site landscaping shall be served by
permanent irrigation and regularly maintained. Any dead or
diseased landscaping shall be replaced in a timely manner.
Code
Enforcement
15
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 (Site
Plan) and as conditioned herein.
Planning
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