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Resolution-PC 2007-140~ ~ RESOLUTION NO. PC2007-140 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2334 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC82-93, AS PREVIOUSLY AMENDED (1320 NORTH TUSTIN AVENUE AND 1401 NORTH JEFFERSON AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PORTION 1: THAT PORTION OF LOT 42 OF HAZARD'S SUBDIVISION, AS SHOWN ON LICENSED SURVEYORS MAP FILED IN BOOK l, PAGE 26 OF RECORD OF SURVEYS,IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE 50 32' S4" E 16.06 FEET ALONG THE EAST LINE OF SAID LOT TO THE NORTHWEST LINE OF THE RIGHT OF WAY CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY DEED RECORDED AUGUST 12, 18931N BOOK 81, PAGE 346 OF DEEDS; THENCE SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT OF WAY L1NE 349.34 FEET ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2593.53 FEET THROUGH A CENTRAL ANGLE OF 7 43'03" THENCE CONTINUING TANGENT TO SAID CURVE ALONG SAID RIGHT OF WAY S 15 30' 32" W 267.35 FEET TO THE NORTH L1NE OF THE LAND CONVEYED TO WILLIAM B. SPEER BY DEED RECORDED DECEMBER 26, 1917 IN BOOK 316, PAGE 398, OF DEEDS SAID NORTH L1NE BE1NG ALSO THE NORTH LINE OF PARCEL 3, OF PARCEL MAP RECORDED 1N BOOK 47, PAGE 19, OF PARCEL MAPS, RECORDS OF SAID COUNTY ; THENCE S 89 20' 33" W 622.74 FEET ALONG SAID NORTH LINE AND IT'S WESTERLY PROLONGATION TO THE SOUTHEAST CORNER OF LAND CONVEYED TO MARTIN APALATEGUT AND NANA APALATEGUI, HIS WIFE BY DEED RECORDED AUGUST 22, 1918, IN BOOK 326, PAGE 29, DEEDS; THENCE S 0 32' S1" W 600.72 FEET ALONG THE EAST LINE OF SAID APALATEGUI LAND TO THE NORTHEAST CORNER THEREOF, SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID LOT 42; THENCE N 89 20' 09" E 815.60 FEET ALONG SAID NORTH LINE TO THE PO1NT OF BEGINNING. PORTION 2: THAT PORTION OF LOT 35 OF HAZARD'S SUBDIVISION, 1N THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON AMENDED MAP OF RICHFIELD FILED 1N BOOK 1, PAGE 26 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: -1- PC2007-140 • ~ BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 35, 256.24 FEET; THENCE WESTERLY. PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 35, 850 FEET; THENCE SOUTHERLY, PARALLEL TO THE EASTERLY BOUNDARY L1NE OF SAID LOT 35, 256.24 FEET; THENCE EASTERLY 850 FEET TO THE PO1NT OF BEGINNING. WHEREAS, on May 17, 1982, Resolution No. PC82-93 was adopted by the Planning Commission to expand an existing automobile auction and detailing facility in the ML (Limited Industrial) zone at 1320 North Tustin Avenue; and WHEREAS on November 27, 1995, Resolution No. PC95-141 was adopted to amend said Resolution No. PC82-93 and permit further expansion of the existing automobile auction and reconditioning facility with waivers of minimum landscaping requirements and permitted encroachment into a setback; and WHEREAS on October 11, 1999, Resolution No. PC99-178 was adopted to amend said Resolution No. PC82-93 to retain five temporary trailers for office use and two canopies and to permit new vehicle auction lanes in conjunction with the existing automobile auction and reconditioning facility; and WHEREAS, this property is developed with a wholesale automobile auction and reconditioning facility for used cars (California Auto Dealers Exchange "C.A.D.E.") in Development Area 1(Industrial Area) of the Northeast Area Specific Plan (SP 94-1); and that the property is designated for General Industrial land uses by the General Plan Land Use Element; and WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 2334 under authority of Code Section 18.60.190; and WHEREAS, the proposed request is to expand an existing automobile auction facility to add a 638 space vehicle storage lot and vehicle unloading area at 1401 North Jefferson Street with waiver of the following: SECTION NO. 18.120.050.0902 (a) Minimum setback adiacent to public ri~hts-of-way. 50 feet required; 10 feet proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 2007, at 2:30 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 18.60, 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, 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: -2- PC2007-140 ~ ~ l. That the proposed request to expand an existing automobile auction facility to add a 638 space vehicle storage lot and vehicle unloading area is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.050.050.0547 (Vehicle Sales Agencies and Lots). 2. That the proposed automobile auction facility expansion will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 4. That 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 and will provide a land use that is compatible with the surrounding area. 5. That the waiver pertaining to minimum setback adjacent to a public right-of-way is hereby approved since the purpose of the setback waiver is for adequate screening of the outdoor use and storage and, further, that other properties in the vicinity with similar uses have setbacks less than the code presently requires. The setback for the wall is adequate since the required 10 feet of landscaping adjacent to the property line would be provided and would consist of a berm, trees, hedge, and clinging vines. Additionally, the outdoor activities within the setback would allow the business full use of the site and would not impact the aesthetics of the area because the outdoor activities would be screened from public view. 6. That no one indicated their presence at said 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; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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 approve an amendment to Conditional Use Permit No. 2334 to expand an existing automobile auction facility to add a 638 space vehicle storage lot and vehicle unloading area. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution No. PC82-93, as amended by Resolution Nos. PC95-141 and PC99-178 and as adopted in connection with Conditional Use Permit No. 2334, to read as follows: -3- PC2007-140 • ~ COA Conditions of Approval Responsible for Monitoring That all automobile parking storage and circulation areas shall be fully paved COA 1 ~'~'ith minimum three (3) inch asphalt concrete or other comparable material Planning approved by the City of Anaheim, and shall be maintained in good condition at all times. That plans shall be submitted demonstrating that vehicle unloading COA 2 operations within the transporter unloading area will not be visible to the Planning public right-of-way. • That the legal property owner shall provide a Title Report and any backup COA 3 documents describing any easements on the property. Upon review, a right-of- PW - Dev Svcs way dedication may be required. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to Public Works/Development Services. A PW _ Dev Svcs COA 4 Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. That a Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right of way. The developer sha11 submit street improvement plans to the Public Works Department, Development Services Division to improve Jefferson Street (4- lane secondary arterial with a required 45-foot half width, 32' curb, 8' parkway and 5' sidewalk) in conformance with Public Works Standard Detail 160-A and Pw _ Dev Svcs COA 5 the City of Anaheim General Plan. Parkway landscaping and sidewalk shall be constructed with the parkway imgation connected to the on-site irrigation system and maintained by the property owner. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney. The driveway approaches on Jefferson Street shall be constructed to be in confortnance with Public Works Standard Detail 115-B. The curb return radius shall be located a minimum of 1' from the property line. Driveways shall have a 5' clearance from the curb return radius to any existing structures. COA 6 That the recordation of a Save Hannless in-lieu of Encroachment Agreement pw _ Dev Svcs be required for any private storm drains connecting to a City storm drain. -4- PC2007-140 • • Responsible COA Conditions of Approval for Monitoring That plans shall show any proposed gates and shall demonstrate that gates shall not be installed across any driveway in a manner which may adversely COA 7 affect vehicular traffic on the adjacent public streets and that installation of Pw - Traffic any gates shall conform to the current version of Engineering Standard Detai1475. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of COA 8 Engineering Standard Plans and Details 402, 436, 470, 471, 472, and 473 PW ' Traffic pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. That street improvement plans shall be submitted for all street improvements COA 9 adjacent to the project site to Public Works/ Development Services for pW _ Dev Svcs review and approval. These plans will show both sides of Jefferson Street, including all driveways and utility installations, signing and striping. That plans shall show conformance with the current version of Engineering COA 10 Standard Detail 115 pertaining to sight distance visibility for signs and pw _ Traffic fence/wall locations and pertaining to industrial driveway radii to the satisfaction of the City Engineer. That plans submitted for building permits shall be prepared substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning COA 11 Department marked Revision No. 3 of Exhibit No. 1 and Exhibit Nos. 2 Planning through 5. That a note shall be added to the construction plans that prior to final building and zoning inspections, the subject property shall be developed in substantial accordance with the approved construction plans. That a note shall be added to the construction plans that all public COA 12 improvements shall be installed and completed prior to final building and PW - Dev Svcs zoning inspections. That fire lanes shall be posted with "No Parking Any Time." Said COA 13 information shall be specifically shown on plans submitted for building PW - Traffic permits. -5- PC2007-140 ! • Responsible COA Conditions of Approval for Monitoring That in order to enforce the City of Anaheim regulation prohibiting on-street parking along Tustin Avenue, the property owners shall paint the curb red COA 14 for the entire length of this property and shall maintain this painted area on pW - Traffic Tustin Avenue. The painting shall be subject to the approval of the City Traffic Engineer. This requirement shall be specifically shown on plans submitted for building permits. That a note shall be added to the construction plans submitted for building permits that the applicant shall comply with the following prior to final building and zoning inspections: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans COA 15 and specifications. PW - Dev Svcs • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. TIMING: PRI(}R TO ISSUAN~'F. t)~ ~I ~",-1~~DIN~ 1'ERMIT That the applicant shall submit to the Public Warks Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in Pw - Dev Svcs COA 16 the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible far long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. -6- PC2007-140 . ~ Responsible COA Conditions of Approval for Monitoring COA 17 That the applicant shall obtain a demolition permit for demolition of existing pW _ Dev Svcs structures. GENERAL CONDITIOI~~S That the hours of operation for the auto auction facility shall be as follows: COA 18 Monday through Thursday: 9 a.m. to 5 p.m. PW - Dev Svcs Friday: 9 a.m. to 4 p.m. Saturday and Sunday: Closed That the hours of operation for the loading area and vehicle staging shall be as follows: COA 19 Monday through Friday: 7 a.m. to 7 p.m. PW - Traffic Saturday and Sunday: Closed That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent COA 20 timing is established that satisfies the original intent and purpose of the PW - Traffic 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. That ongoing during project operation, under no circumstances shall car COA 21 carriers be unloaded or loaded on any public right-of-way nor shall any PW - Traffic vehicles be parked or staged on said streets. That ongoing during project operation, all vehicles intended for auction, or COA 22 already auctioned, shall be stored inside the fenced area only and shall not be Planning parked in the parking area intended for dealer and customer parking. COA 23 That on-going during project operation, the transporters will enter the site at PW _ Traffic the south driveway and exit the site at the north driveway. COA 24 That on-going during project operation, sanitary sewer and storm drains for this PW _ Dev Svcs development shall be privately maintained. -7- PC2007-140 • • COA 25 That on-going during project operation, the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. planning That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code Community COA 26 and any other applicable City, State and Federal regulations. Approval does Services not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval may be planning COA 27 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 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 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ,,~ ~ r ~~ ~ ~ 1 / ~ ~ ~ C~~ ~ ._ ~~C C C ~, ~ . , ~ ,~' _ _ CHAIRMA~;'ANAHEIIV~ P!LANNING COMMISSION A SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2007-140 • , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 November 14, 2007, by the following vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL ,~( IN WITNESS WHEREOF, I have hereunto set my hand this ~~-'l~ day of U V l1~1~~ , 2007. (.~-~ ~ ~ l.~d ' "~~~~ SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2007-140