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Resolution-PC 99-178RESOLUTION NO. PC99-178 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC82-93, AS AMENDED, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 2334 WHEREAS, on May 17, 1982, Resolution No. PC82-93 was adopted by the Planning Commission to expand an existing automobile aucfion and detailing facility in the ML (limited Industrial) zone at 1320 North Tustin Avenue; and that 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, this property is developed with a wholesa~e 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 appiicant requests modification of Conditional Use Permit No. 2334 to retain five (5) temporary trailers for office use, two (2) canopies and to permit new auction vehicle lanes in conjunction with the existing automobile auction and reconditioning facility; and WHEREAS, the Gti:y Planning Commission did hold a public hearing at the Civic Center in !he City of Anaheim on October 11, 1999 ~t 1:30 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 18.03, to hear and consider evidence for and against said proposed conditionai 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 foilowing facts: 1. That the applicant requests an amendment to this conditional use permit under authority of Sections 18.110.050.050.0505 and 18.110.050.050.0547 of the Anaheim Municipal Code to retain five (5) temporary trailers for office use and two (2) canopies, and to permit new auction vehicle lanes in conjunction with the existing automobile auction, with waiver of the following: Section 18.110.050.090.0904 - Minimum structural setbacks adiacent to public streets. 1. That the proposed waiver, minimum structural setbacks adjacent to pubiic streets, is ~, hereby denied on the basis that it was deleted following public notification. 2. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code. 3. That the temporary trailers and canopies are accessory to the main auto auction faciliry use and will not adversely affect the adjoining land uses and the growth and development of the area in which they are located. 4. That the two proposed outside auction lanes wi~l be used to more e~ciently auction the same number of vehicles during regularly scheduled auction hours and will not adversely affect the adjoining land uses or the growth and development of the area in which they are located. CR3769PK.DOC -1- PC99-178 5. That the size and shape of the site is adequate to allow modification ot the existing use in a manner which will not adversely affect the adjoining land uses nor the growth and development of the area in which it is located. 6. That the existing trailers and canopies and the proposed outside auction lanes are designed to better service the existing operations at the site and will not impose any additionai tra~c or impose an undue burden upon the streets and highways. 7. That no one indicated their presence at said public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend this conditional use permit, including amending the conditions of approval, to retain 5 temporary trailers for office use, 2 canopies and to permit new auction vehicle lanes in conjunction with an existing automobile auction and reconditioning facility; and does hereby and does hereby determine thet the Negative Declaration previously approved in connection with Conditional Use Permit No. 2334 is adequate to serve as the required environmental documentation in connec!ion with this request 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 during the public review process that there is no substantial evidence that the project will have a significant effeci on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resulution No. PC82-93, as amended by Reselution No. PC95-141 and adopted in connection with Conditiona~ Use Permit PJo. 2334, to delete existing Condition Nos. 6, 12, 13 and 14. AND BE IT FURTHER RESOLVED that the Anaheim Ciry P~anning Commission does hereby add the following new condition of approval: 12. That the number of trailers on tne property shall be limited to five (5), the number of canopies to two (2), and the number of outdoor auto auction lanes to two (2), as shown on Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 through 5 approved by the Planning Commission. 13. That the existing structures shall comply with the appiicable minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 14. That the property shail be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash and debris, and removal of gra~ti within twenty four (24) hours from time of occurrence. 15. That the proposal shall comply with all sign requirements of the Development Area 1(Industrial Area) of the Northeast Area Specific Plan (SP94-1), unless a variance a~lowing sign waivers is approved by the City Council or Planning Commission. 16. That three (3) foot high street address nurrbers shall be displayed on the roof of the main building in color which contrasts to the roof material. The numbers shail not be visible from the view of adjacent streets or properties. 17. That all automobile parking storage and circulation areas shall be fully paved with minimum three (3) inch asphalt concrete or other comparabis materiai approved by the City of Anaheim, and shall be maintained in good condilion at all times. CR3769PK.DOC -2- PC99-178 18. That in order to enforce the City of Anaheim regulation prohibiting on-street parking along Tustin Avenue, the propet•ty owners shali paint the curb rsd for the entire length of this property and shall maintain this painted area on Tustin Avenue. The painting shall be subject to the approval of the City Traffic Engineer. 19. That under no circumstances shall car carriers be unloaded or ioaded on any public right-of-way nor shall any vehicles be parked or staged on said streets. 20. That ail vehicles intended for auction, or already auctioned, shall be stored inside the fenced area only and shali not be parked in the parking area intended for dealer and customer parking. 21. That the owner of this property shall submit a letter to the Zoning Division requesting termination of Conditionai Use Permit No. 2052 (to expand an existing automobile auction and reconditioning faciiity in the ML Zone) and Conditional Use Permit No. 1566 (to permit an automobile auction and . reconditioning facility in the ML Zone). 22. That all trailers shall be upgraded to includp skirting (or existing skirting shall be maintained); and that Trailer E shall be repiaced with a newer trailer similar to the other on-site trailers. 23. That the hours of operation shall be as follows: Monday through Wednesday: 9 a.m, to 5 p.m. Thursday: 9 a.m. to 9 p.m. Friday: 9 a.m. to 5 p.m. Saturday and Sunday: Closed 24. That the subject property shall be developed substantiaily in accordance with the plan and specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 through 5. 25. That within a periad of three (3) months from the date of this resolution, Condition Nos. 12, 13, 16, 17, 18, 21, 22, 24 and 26, herein-mentioned, shall be complied with. 26. That the existing razor wire shall be removed. 27. That any new signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. AND BE IT FURTHER RESOLVED that approvai of this application constitutes approval of the proposal oniy to the extent that it compiies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. Approval does not included any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESQLUTION was adopted at the Planning Commission meeting of October 11, 1899. ~ l--~ i ~~~-~ ~ ~~r~~.rv CHAIRPERSON, ANAHEIM CITY PIANNING COMMISSION ATTEST: ~ ~ SECRETARY, HEIM CITY PLANNING COMMISSION CR3769PK.DOC -3- PC99-178 STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, M~f,,a+;;a Solori ~. Secretary of the i,nan~.tSr.~ B„`r ~~a,lln;~i9 Commission, do he~eby certify that the foregoing rasolu.io~ warl pas:,~d and adopted at ~ eta~.aUrsg o~ the Anaheim City Planning Commission held ~r f?-c;cher 1 i, 1999, by the foilovring %!~i a of n~` members thereof: AYES: CON~MISS'k'~NE 2S: NOES: COMMISSIONEF.S: ABSENT: COMMISSIONERS: IN WITNESS WI _ P ~ ~~, 1999. BOSTWICK, 30YD:%":i:iM, bRISTOL, K~'vS, NAPOLES, VANDERBILT NONE ONE VACAN'i Sf=A7' 1EREOf', i ha~r~ h, .;to set my hand this ~~ day of lGt.d« ScC~FcE?ARY, AHEIM CITY PLANNING COMMISSION CR376~'PK.DOC -4- PC99-178