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Resolution-PC 2009-061RESOLUTION NO. PC2009-061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DET`ERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND REINSTATING AND APPROVING, IN PART, CONDITIONAL USE PERMIT NO. 1322 ('IRACKING NO. CUP2008-05356), AND AMENDING CONDTI'IONS OF APPROVAL OF RE30LUTION NO. PC2007-102, ADOPTED THEREWITH (633 SOUTH EAST STREET - QUARTZ DEALER DIRECT) WHEREAS, the Anaheim Ciiy Planning Commission did receive a verified Petition for an amendme~t to previously approved Conditianal Use Permit No. 1322 to reinstate Quartz Dealer Direct, an automotive whQlesale and retail auction facility wiYh fewer parking spaces than required by Code, and delete a condition of approval which sets an expiration date for the permit on certain real property sit~ated in tt~e City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, said Petition is in conjunction with a request for an amendment to previously-approved Conditional Use Permit No. 4014 and Variance No. 2009-04776 for First Southem Baptist Church and private schoo] Co permit satellite parking for QaarCZ Dealer Direct with fewer parking spaces than required by Code; and WHER~AS, on August 20, 2007, Che Anaheim Planning Commission, by Resolukion No. PC2007-102, approved Canditional Use PermiC No. 1322 to retain an automotive auction at 633 South East Street; and WHEIt}?AS, said Resolution No. PC2007-102 includes Che following condition of approval: "1. This conditional ~se perntit shall expire on August 2Q 2008." WHEREAS, this property is cunently developed with an automobile wholesale and retail auction facility, tk~e underlying zoning is I(Indns~rial); the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and this propeRy is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this conditional use pemvt co retain an automobile wholesale and retail aackion facility with fewer parking spaces than required by Code pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, Che Planning Cammission did hold a public heariug at the Civie Center in the City of Anaheim on June 22, 2009 at 2:30 p.m„ after said item was continued from the Apri130> 2009 and May 27, 2009 Planning Commissiop meetings, natice pf said public hearing having been duly given as required by law and in accordance wiYh 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 connecCion Cherewith; and - 1 - PC2009-061 WHEREAS, said Commission, afrer due inspection, investigation and study made by itself and in its behalf, and a£ter due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed reinstatement of this permit and the modification or deletion of a condition of approval pertaining to a 6me limitation to retain a previously-approved automotive auction facility with fewer parking spaces than required by Code is properly one for which a conditional use permit is authorized under Code Section 18.10.030.010.0404 (AutomoCive-Caz Sales & Rental). 2. That the request to retain the auction facility will not adversely affect the adjoining land usas aud the growth and development of the area in which it is ]ocated beca~se the operator has incorporated operational measures to ensare the patrons and employees of the facility park within designated areas only. 3. ThaC Che size and shape of the site Por the automotive auction is adequate Co allow full develagmenC of the use in a manner not detrimeotal to the particular area nor to the health and safety. 4. Thaf this conditional use permit is being exercised in substantially the same maoner and in conformance with all conditions and st9palations originally approved by the Planning Commission. 5. That this conditiona] use perm9t is being exercised in a manuer not detrimental to the particulaz area and surrounding land uses, nor to the public health and safety. 6. The facts ~ecessary to support each and every reqnired showing for the original approval of the entitlement exist; and WHEREAS, a CEQA Negative Declaration is adequate to serve as the required environmenCal docume~tation in coonection with Chis request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 1322, in part, approving the request for reinstatement but imposing a two year retroactive time limitatia~ to expire on August 20, 2010, on tUe permit and amend, in the9r entirety, the cooditions af approval adopted in connection with ~lanning Commission Resolution No. PC2007-102, as described 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 Citi2ens of the City of Anaheim. Timing for compliance with conditions of approval may be amended by tbe Planning Director ^pon a showing of good cause provided (i) equivalent timiug is established YhaY saCisfies the original intent and purpose of the condiCion(s), (ii) the modificatiou complies with the Anaheim Municipal Code a~d (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Extensions for further time to complete condiTions of approval may be granted in accprdance with Section 18.60.170 of Che Ana6eim Municipal Code. - 2 - PC2009-061 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby fmd and determine that adoption of this Resolution is expressly predicated upon applicant's comptiance with each and all of the conditions hereinto set forth. Should any such condition, or any part thereof, be declazed 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 regularions. 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 ]T FURTI-IER RESOLVED that the applicant is responsib(e for payic~g all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or pzior 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. TF~ FOREGOING RESOLU'I'ION was adopted at the Planning Commission meeting of June 22, 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 ofan appea . CHA , NAHEIM C TY PLANNING COMMIS3ION ATTES~: Y, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Aaaheim 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 June 22, 2009, by the following vote of the members thereof AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAI{I, RAMIREZ, ROMERO NOES: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: NQNE IN WITNESS W~~R-~OF, I have hereunto set my hand this L~ay of June, 2009. Y, ANAHEIM CITY PLANNING CQMMIBSION - 3 - PC2009-061 EYHI:BIT "~," AMENDMENT TO CONDITIONAL USE PLRMIT NO. 1322 - 4 - PC2009-061 EXHIBIT "B" CONDITIONAL USE PERMIT N0.1322 RESPONSIBLE NO. CONAITIONS OF APPROVAL FOR MONITORING GENERAL CONDITIONS - ONGOING DURING OPERATION 1 This conditional use permit shall expire on August 20, Planning 2010. 2 The hours of operation, except for off-loading of vehicles, Code Enforcement ~~ sball be ]imited to the following, as stipulaked by the applicant: 8:30 a.m. - 9:00 p.m. on Monday 9:00 a.m. - 5:00 p.m. on T~esday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day. 3 The business sha11 comply with the followiug operational Code Enforceme~t limitations in order to discourage patrons from parking on the nearby residential streets: A) A oniformed employee shall be stationed aY khe intersecYion of East Street and Crestbrook Place starting 3 hours in advance of, and during auction hours, to inform patrons fhey will noC be allowed to enter the auction if they do not use the off-site parking lot at 1275 East Broadway. B) Each auction attendee shall be provided a map and directions to the off-site parking location in advance of the auction date. The map and directions shall be included in all promotional material generated to advertise the business. C) Admittanee to tbe auction shall be limited to those patrons who park on-site and/or park in the off-site pazking location and obtain a wristband from the shuttle bus driver documenting they parked at the off- site parking location. 4 All auction vehicles shall be operable and parked in the Code Enforcement screened storage area only. 5 The 10-foot wide landscaped planter area adjacent to East Code Enforcement Street shall be properly maintained with ground cover and shrubs. - 5 - PC2009-061 6 No required parking area shall be fenced or otherwise Code Enforcement enclosed for oatdoor uses otherthan parking. 7 The property shall be permanently maintained in an Code Enforcement orderly fashion by providing regular landscape mainte~ance, removal of trash and debris, and removal of graffiCi wiChin twenty-four {24) ho~rs from time of discovery. 8 The chain-link fence shall be maintained and screened Code Enforcement wiYh PVC slats. Said slats shall be maintained in good condition. 9 Signage for subject facility shall be limited to the existing Planuing and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 10 Trash storage areas shall be maintained in a location Public Works, acceptable to the Public Works Department, Streets and Streets and SanitaYion Division and in accordaoce with approved SaniCation plans on file with said Department. Said storage areas shall be designed, located and screened so as nok to be readily identifiable from adjacenC streets or highways. The walls of the storage azeas that are visible to the public shall be pmtected from graffiti opportunities by the use of plant maCerials such as minimum 1-gallon size clinging vines, planYed on ma~cimum 3-foot centers, or tall shrubbery. I 1 Auto mainTenance and repair shall not be permitted, nor Code Bnforcement shall there be any retail sales or display. 12 There shall be no off-loading of vehicles during the hours Code Enforcement of 10 p.m. to 6 a.m. 13 Off loading of vehicles shall be limited to Rose Street Code Enforcement behind (west ofl the aacCion facility. 14 On-site car washing shall be limited to washing with tap Code ~nforceme~t 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. - 6 - PC2009-061 15 The property owner shall pay the costs of quarterly Code Code Enforcement Enforcement inspections, and as deemed necessary by the City's Code Enforcement Divasion to maintain compliance with State and local statutes, ordinances, laws or regulations. lb Any use of loud speakers shall noY be audible to the Code Enforcement residential properties. 17 The applicant shall maintain an agreement recorded in the Planning Office of tbe Orange CoanYy Recorder with FirsY Southern Baptist Church, located at 1275 East Broadway, for the use of up to 100 parking spaces on Mondays from 3:00 PM to 9:00 PM and Fridays from 10:00 AM to 3:00 PM or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code or as approved by a parking variance. 18 The subject property shall be developed substantially in Planning accordance with plans and specifications submitYed to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. - 7 - PC2009-061