Resolution-PC 2005-85i ~
RESOLUTION NO. PC2005-85
A RESOLUTiON OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-113,
ADOPTED THEREWITH
WHEREAS, on March 1, 2003, the Anaheim Planning Commission, by Resolution No.
PC2003-113, approved Conditional Use Permit No. 1322to retain an automotive auction at 633 3outh Easf
Street; and
WHEREAS, said Resolution No. PC2003-113 includes the following condition of approvaL•
"1. That this conditional use permit shall expire on March 1, 2005."
WHEREAS, this property is currently developed with an automotive auction, the under{ying zoning
is I(Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential land
uses; and tfiis property is located within the Merged Anaheim Redevelopment ProjectArea; and
WHEREAS, the applicant has requested reinstatement of this conditiona( use permit to retain an
automobile wholesale and retail auction facility pursuant to Code Section 18.60 of the Anaheim Municipal Code;
and
- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on June 1, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw
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 amendment and to investigate and make findings and
recommendations in connection therewith; and
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. That the existing automotive auction is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the request to retain the auction facility will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
3. That the size and shape of the site for the automotive auction is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
4. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
5. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public health and safety.
6. The facts necessary to support each and every required showing for the original approval of the
entitlement exist; and
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit bythe modification or deletion of a condition of
approval pertaining to a time limitation (approved on July 28, 2003 to expire March 1, 2005) to retain an
CR\PC2005-085 -1- . PC2005-85
Tracking No. CUP2005-04982
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automotive whotesale and retail auction facility; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 1322 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved Negative
Declaration together with any comments received during the public review process and further finding 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 Anaheim Planning Commission does hereby
amend Resolution No. PC2003-113, adopted in connection with Conditional Use Permit Na 1322, to reinstate
this conditional use permit, and incorporate the following conditions of approvaL•
1. That this conditional use permit shall exp'ire on March 1, 2007.
2. That the hours of operation,'except for off-loading of vehicles, shall belimited to the following, as
stipulated by the petitioner:
8:30 a.m. - 9:00 p.m: on Monday
' 9:00 a.m; - S:OO 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 during the hours specified above.
3. Thaf all auction vehicles shall be operable and parked in the screened storage area only.
4. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with
ground cover and shrubs as approved by the Planning'Department.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking.
6. That 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 occurrence.
7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained
in good condition.
8. Thaf signage for subject facility shall be limited to the existing and legally permitted signage. Any -
additional signage shall be subject to approval by the Planning Commission as a Reports and
Recommendations item.
9. That 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 minimum 1-gallon size clinging vines, planted on
maximum 3-foot centers, or tall shrubbery.
10. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display.
11. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m.
12. That off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility.
13. That 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.
14. That any use of loud speakers shall not be audible to the residential properties.
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15. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with
nearby property owners for the appropriate number of parking spaces 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
Code by said commercial retail center and or any other off-site parking site.
16. That the subjectproperty 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, Revision No. T, dated February 1, 2000, and as conditioned herein.
17. Thaf approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim 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 Anaheim 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 dectared invalid or
unenforceable by the finaf 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 the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 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 June 1,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.6~'Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be replaced by a City Council esolution in the event
of an appeaL
CHAIRMA , NAHEIM PLANNING COMMISSION
ATTEST:
~~~ '
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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
June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMM{SSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ S T~` day of ~vKt, ,
2005.
SENIORSECRETARY, ANAHEIM PLANNING COMMISSION
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