Resolution-PC 2009-015RESOLUTION NO. PC2009-015
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT THE PREVIOUSLY CERTIFIED
ENVIRONMENTAL IMPACT REPORT NO.31.2 IS THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND APPROVING A REINSTATMENT OF
CONDITIONAL USE PERMIT Np. 3608, AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION N0.93R-220
(TRACKING NO. CUP2008-05376)
(1235 SOUTH BEACH BOULEVARD)
WHEREAS, on November 9, 1993, the Anaheim City Council adopted Resolution No.
93R-220 granting Conditional Use Permit No. 3608 to permit an automobile dismantling, recycling,
and sales facility at 1235 South Beach Boulevard; and that Condition No. 2(a) of said resolution
specifies that the use is approved for a period of five years, to expire on November 9, 1.998; and
WHEREAS, on August 31, 1998, the Anaheim City Planning Commission adopted
Resolution No. PC98-138 granting a reinstatement of Conditional Use PermiC No. 3608 and amending
Condition No. 2(a) of Resolution No 93R-220 to permit the use for a period of ten years, to expire on
November 9, 2008; and
WHEREAS, this property is currently developed with an automobile storage area and
office building at Che west end of the property and a customer parking lot at the east end of the
property; the underlying zoning is General Commercial (C-G); and the Anaheim General Plan
designates this property for Neighborhood Center land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a
reinstatement of Conditional Use Permit No. 3608 to retain apreviously-approved automobile
dismantling, recycling, and sales facility and to amend the permiC Co delete a condition of approval
pertaining to a time limitation pursuant to Code Section No. 18.60.180 of the Anaheim Municipal
Code 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 Chis reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 21, 2009, 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 "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. The facts necessary to support each and every finding for the original approval of the
entiflement as set forth in this chapter exist.
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2. The permit is being exercised substantially in the same manner and in conformance with
all conditions and stipulations originally .approved.
3. The permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare.
4. With regard only to the deletion of a time limitation, such deletion is appropriate because
it has been demonstrated that the use has operated in a manner that is appropriate in the underlying
zone and the surrounding area.
5. That the existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
7. That the size and shape of the site for Che existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety,
8. That the traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That the granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no persons indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED, that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the previously-certified
Environmental Impact Report No. 312 in connection with Conditional Use Permit No. 3608 (Tracking
No. CUP2008-05376) is adequate to serve as the required environmental documentation in connection
with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve the proposed reinstatement of Conditional Use Permit
No. 3608 to permit an automobile dismantling, recycling, and sales facility on property located at 1235
South Beach Boulevard as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with City Council Resolution No. 93R-
220 and as adopted in connection with Conditional Use Permit No. 3608, to delete the time limitation
and to read as shown 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 Co preserve the health and safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No.
93R-220 remains in full force and effect.
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BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation. The duration of the use for this permit is contingent upon the continued validity
and exercise of Conditional Use Permit No. C93-6 approved by the City of Stanton. In the event the
Stanton CUP is revoked, terminated, or expires, or the use authorized by said Stanton CUP within the
City of Stanton is discontinued, terminated, or abandoned, this Conditional Use Permit and all rights
hereunder shall immediately terminate and be rendered null and void without further action being
necessary. 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to Che 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 January 21, 2009. 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.
~~
CHAIRMAN, NAHE M PLANN G COMMISSION
ATTEST:
SENIOR SECRETAR~YyjANAHEIM B{LANNING 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 7anuary 21, 2009, by Che following vote of the members thereof:
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AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BLJFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~ ~~day of January,
2009.
SENIOR SECRI~TARY, ANV~HEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT N0.3608
(TRACKING NO. CUP2008-05376)
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.3608
(TRACHING NO. CUP2008.05376)
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL
1 That no permanenC sCOrage of vehicles shall occur in the vehicle Code Enforcement
verification/auto sales area which is intended only for the
temporary holding of vehicles pending registraCion verification and
possible sale. Further, no temporary or permanent storage of
vehicles shall be permitted in the customer/employee parking lot.
2 ' That if any contamination has occurred, the permittee shall be Planning, Pablie
responsible for all remediation required under applicable federal, Works. Code
state, and local laws and regulations, including the costs thereof, Enforcement
and shall prepare a plan to complete, and shall in fact complete,
said remediation in accordance with a reasonable Cime schedule
approved by the Planning Department subject Co any applicable
federal, state, or local laws or regulations or the requirements of
any enforcement agencies involved in the remediation.
3 That the parking area shall be gated (in a manner approved by the Code Enforcement
City Traffic and Transportation Manager) during non-business
hours to prevent people from using these areas for automotive work
or abandoning vehicles after hours.
4 That the applicant shall hire and maintain uniformed security Police/Code
personnel to prevent the customer parking area from being used by Enforcement
customers for automotive work during operating hours. No
vehicular repair shall be permitted in the parking lot by either
customers or employees.
5 That the applicant shall take all steps reasonably necessary Co Planning
assure that not less than frfty percent (50%) of Che local sales tax
revenues generated for the entire nine (9) acre site are received by
the City of Anaheim. In no evenC shall the CiCy of Anaheim receive
an amount less than the actual local sales tax revenue received by
the City of SCanton. The permiCCee shall allow Che City of Anaheim
to audit the collection of these tax revenues.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
6 That the applicant shall comply with all terms, conditions and Planning
mitigation measures contained in Mitigation Monitoring Plan No.
69 (tivhich plan is on file in the Planning Department and is
incorporated herein by this reference) and the applicant shall be
responsible for compliance .and any direct costs associated with
said Mitigation Monitoring Plan No. 69 as established by the City
and as required by Section 21081.6 of the Public Resources Code
to ensure implementation of the mitigation measures in said Plan.
7 That trash storage areas shall be provided and maintained in a Public Works
location acceptable to the Public Works Department and in
accordance with .approved plans on file with said Department. Such
information shall be specifically shown on the plans submitted for
building permits.
8 That the operation of subject business shall utilize only {a) six Code Enforcement
thousand (6,000) pound forklifts to move vehicles throughout the
site and (b) a 645E loader in the shipping area, as referenced in the
revised Noise Assessment dated August 23, 1993, or similar
equipment when such equipment is neither larger nor noisier than
specified herein.
9 That the applicant shall be responsible for any direct costs Public Works
associated with any fines or clean-up related to the contamination
of the property (including the local storm drain system) resulting
from the construction, operation, maintenance, and/or closing of
subject facility.
k0 That this Conditional Use Permit is approved for a single project, a Planning
portion of which is located within and subject to the jurisdiction of
the City of Stanton. Exercise of this Conditional Use Permit is
expressly contingent upon the continued validity, and exercise by
the permittee, of Conditional Use Permit No. C93-6 (the "Stanton
CUP") and Development Agreement No. 93-O1 {Che "Stanton DA")
adopted by the City of Stanton. In the event the Stanton CUP
and/or DA are revoked, terminated, or expires, or the use
authorized by said Stanton CUP and DA within the City of Stanton
is discontinued, terminated, or abandoned, this Conditional Use
Permit and all rights hereunder shall immediately terminate and be
rendered null and void without further action being necessary.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
11 That the applicant shall be responsible for maintaining the area Code Enforcement
adjacent to the premises over which they have control, in an orderly
fashion through the provision of regular maintenance and removal
of trash or debris. Any graffiti painted or marked upon the
premises or on any adjacent area under the control of the licensee
shall be removed or painted over within 24 hours of being applied.
12 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are an file with the
Planning DepartmenC marked Exhibit No. ] ,and as conditioned
herein.
13 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is 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.
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