Resolution-PC 2012-047RESOLUTION NO. PC2012 -047
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY - APPROVED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2012 -05611 AND VARIANCE NO. 2012 -04898
(DEV2012- 00061)
(1480 NORTH TUSTIN AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter 'Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05611 and
Variance No. 2012 -04898 to expand an existing automobile auction facility with a fence higher
than permitted by code within the front setback area and less front yard landscaping than
permitted by code, for that certain real property located at 1480 North Tustin Avenue in the City
of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ",
attached hereto and incorporated herein by this reference (the "subject property "); and
WHEREAS, the 1.78 -acre Project site is developed with a vacant industrial building to be
demolished and is located in the Northeast Area Specific Plan. The subject property together with
the main 36 -acre main Manheim Auto Auction facility comprises a total of 37.87 acres. The
Anaheim General Plan designates this 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 July 16, 2012 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 "Procedures ", 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, the 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 for the following conditional use permit and variance to
permit an automobile auction facility with a fence higher than permitted by code within the front
setback area and less front yard landscaping than permitted by code, does find and determine the
following facts:
1. The proposed request to permit the expansion of an automobile auction facility in
the Northeast Area Specific Plan, Development Area 1 is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0547 (Vehicle
Sales Agencies and Lots).
2. The proposed conditional use permit to permit the expansion of an automobile
auction facility, as conditioned herein, would not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located because the
staging/unloading area is intended to replace an existing staging/unloading area and inventory
spaces that were removed to accommodate the Tustin Avenue grade separation project and the
proposed surface staging/unloading area does not preclude future development of the property.
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3. The size and shape of the site for the use is adequate to allow the full development
of the proposed staging/unloading area in a manner not detrimental to the particular area or to the
health and safety because the staging/unloading area and is designed to take advantage of access
from the main Auction facility and is designed in a manner that will allow safe and efficient
vehicular circulation during the interim grade separation improvements and under the ultimate
permanent scenario and is compatible with the design of the current auto auction operations.
4. The staging/unloading area will not generate additional traffic that could cause an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the staging/unloading area is intended to replace a lost staging /unloading area at the
adjacent site and inventory spaces due to the relocation of parking spaces that previously served
customers of the auto auction facility and will not generate any additional traffic trips.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed staging/unloading area will be compatible with the surrounding area because the
use is integrated with the adjacent site and is not a health or safety risk to the citizens of the City
of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the request to
permit a fence higher than permitted by code within the front setback area and less front yard
landscaping than permitted by code should be approved for the following reasons:
(a) SECTION NO. 18.46.110.030 Maximum fence height in front setback.
(3 feet maximum permitted; 8 feet proposed)
(b) SECTION NO. 18.120.090.0902 (b) Minimum front landscaped setback.
(10 feet required; 0 feet proposed)
1. That there are special circumstances applicable to the property, including size,
shape, location and surroundings, which do not apply to other property under identical zoning
classification in the vicinity that result in limited and inefficient use of the property if it were
developed in conformance with development standards. The property which is located
immediately adjacent to the grade separation project will no longer have street front and access
from Tustin Avenue. The loss of access to the site will limit the efficiency of site, rendering it
appropriate for use by the adjacent auto auction facility, and the location of the staging/unloading
surface area adjacent to Tustin Avenue overpass presents a unique situation where a landscape
setback is unnecessary due to the grade difference between the staging/unloading area and the
Tustin Avenue overpass bridge. Further, since for all intents and purposes, the site will no
longer have a street frontage due to the grade separation improvement will serve more as
side /rear yard, therefore it is appropriate to pernlit the fence exceeding maximum height
permitted by the Code to 8 feet.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity.
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NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the
proposal and does hereby determine that a previously- approved negative declaration is the
appropriate environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2012 -05611 and Variance No. 2012- 04898, subject to the conditions
of approval as stated in Exhibit `B" attached hereto and incorporated herein by this reference,
which conditions 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 any amendment, modification or revocation 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 16, 2012. 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 of an appeal.
y"wURo" T--umV
CHAIRMAN, ANAHEIM CITY
ATTEST:
COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 16, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: LIEBERMAN
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 16' day of July, 2012.
A
SENIOR S$dRETARY, ANAHEIM CITY PLANNING COMMISSION
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rWo ON 1ii1sum
DE1 NO. 2012 -00061
APN: 345- 161 -24
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05611
AND VARIANCE NO. 2012-04898
(DEV2012- 00061)
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REVIEW BY
SIGNED
NO.
CONDITIONS OF APPROVAL
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
That all requests for new water services or fire lines, as well as any
Water
modifications, relocations, or abandonment of existing water services and fire
Utilities
lines, shall be coordinated through Water Engineering Division of the
Anaheim Public Utilities Department.
2
That the developer /owner shall submit a set of improvement plans for Public
Water
Utilities Water Engineering review and approval in determining the conditions
Utilities
necessary for providing water service to the project.
3
That water improvement plans shall be submitted to the Water Engineering
Water
Division for approval and a performance bond in the amount approved by the
Utilities
City Engineer and the City Attorney shall be posted with the City of Anaheim.
4
Within 30 days of completion of a conveyance of the subject parcel (APN 345-
Public Works
161 -24) from OCTA to the adjacent land owner to the south, the new legal
Real Property
property owner shall provide the Director of Public Works with written
Services and
notification of said conveyance and shall submit an application for a
Development
Subdivision Map Act Certificate of Compliance, an application for a Lot Line
Services
Adjustment and an application for the dedication to the City of Anaheim of the
relinquishment of access rights to Tustin Avenue to the Public Works
Department. All required documents, fees, and exhibits shall be submitted for
approval to the City and recorded in the Office of the Orange County Recorder
within 120 days of completion of said land conveyance. Unless an extension
has been expressly approved by the Director of Public Works, after 120 days,
the Conditional Use Permit shall be scheduled for revocation in accordance
with Section 18.60.200 (Revocation or Modification of Permits) of the
Anaheim Municipal Code.
5
Trash storage areas shall be provided and maintained in a location acceptable
Public Works,
to the Public Works Department and in accordance with approved plans on file
Planning
with said Department. Said storage areas shall be designed, located and
screened so as not to be readily identifiable from adjacent streets.
6
Emergency vehicular access shall be provided and maintained in accordance
Fire
with Fire Department Specifications and Requirements.
Department
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GENERAL
7
All new and relocated parking areas shall be re- striped per City standards to
Planning
replace the parking spaces lost to the proposed OCTA project. All parking
space dimensions and access ways shall be in accordance with City Standard
Detail No. 470. Disabled parking spaces shall be provided in accordance with
the Americans with Disabilities Act and City Standard Detail No. 436 -G.
8
All existing fencing at 1480 North Tustin Avenue shall be replaced with new
Plannin-
°
chain -link fencing and shall incorporate PVC slats to screen the vehicle
staging area from view.
9
A minimum 10 foot wide landscaped setback must be maintained along the
Planning
full length of the Tustin Avenue grade separation improvement easement area
under the "ultimate site plan" scenario per Section 18.120.090.0902 of the
Anaheim Municipal Code, except as approved by this variance request.
10
The new 8 foot high chain -link fence and gates shall only be permitted within
Planning
the front setback of the 1480 North Tustin Avenue site. Revised plans shall be
submitted to staff reflecting the revised chain -link fence location.
11
Lighting for this facility shall be designed and positioned in a manner so as not
Planning
to unreasonably illuminate or cause glare onto adjacent or nearby streets
and /or properties. Lighting shall match lighting at main facility.
12
Any graffiti painted or marked upon the premises or on any adjacent area
Code
under the control of the property owner shall be removed or painted over
Enforcement
within 24 hours of being applied.
13
The transformer and meter associated with the existing 12KV overhead and
Electrical
underground distribution lines on the west side of the property must be
Utilities
relocated. Relocation plans shall be prepared and the new location of
transformer and meter panel shall be established per the direction of Utilities
staff.
14
The property shall be developed substantially in accordance with plans and
Planning
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department marked Exhibit Nos. 1 through
5 (Site Plans), and as conditioned herein.
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