2000-018RESOLUTION NO. 2000R-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING
AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 1322 AND AMENDING
RESOLUTION NO. PC72-145
WHEREAS, on July 6, 1972, Resolution No. PC72-145 was
adopted by the Planning Commission to grant Conditional Use Permit
No. 1322 and permit an auto and light truck leasing agency for
commerce and industry with waiver of minimum site size at 633 South
East Street; and
WHEREAS, this property is developed with an unpermitted
wholesale car auction facility (Quartz Dealer Direct) in the ML
(Limited Industrial) zone; and that the property is located within
the South Anaheim Boulevard Corridor Redevelopment Project Area and
is designated for General Industrial land uses by the Anaheim
General Plan Land Use Element; and
WHEREAS, the petitioner requests an amendment to this
conditional use permit to retain the unpermitted automobile
wholesale and retail auction facility; and
WHEREAS, the permittee has now requested an amendment to
the permitted use of the premises and to certain of said conditions
of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on February 1, 2000, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said request; and
WHEREAS, said City Council, 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 proposed use is properly one for which a
conditional use permit is authorized by Section 18.61,050.050 of
the Anaheim Municipal Code.
2. That the proposed use, as conditioned herein, 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 use is
adequate to allow full development of said use in a manner not
detrimental to the particular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the use will not impose an
undue burden upon the streets and highways designed and improved to
carry the traffic in the area.
5. That amending this conditional use permit, under the
conditions imposed, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
WHEREAS, the City Council hereby further finds and
determines that the amendment of said conditions of approval in the
manner hereinafter set forth is reasonably necessary to protect the
public peace, health, safety or general welfare, or necessary to
permit reasonable operation under said conditional use permit.
NOW THEREFORE BE IT RESOLVED that the use of the premises
authorized by Conditional Use Permit No. 1322 be, and the same is
hereby, amended from "auto and light truck leasing agency for
commerce and industry' to "automobile wholesale and retail auction
facility."
BE IT FURTHER RESOLVED by the City Council of the City of
Anaheim that the conditions of approval heretofore imposed in
Conditional Use Permit No. 1322 be, and the same are hereby,
amended by the addition of the following new conditions, to read as
follows:
"8. That this use shall expire twenty (20) months from the
date of this resolution, on October 1, 2001.
9. That the chain-link fence shall be refurbished and
screened with PVC slats. Said slats shall be maintained in good
condition.
10. That all auction vehicles shall be operable and parked in
the screened storage area only.
11. That the ten (10) foot wide landscaped planter area
adjacent to East Street shall be refurbished with additional ground
cover and shrubs, as approved by the Planning Department.
12. That 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.
13. That trash storage area(s) shall be provided and
maintained in location(s) 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 shall be protected from graffiti opportunities by the
use of plant materials such as minimum 1-gallon size clinging
-2-
vines, planted on maximum three (3) foot centers, or tall
shrubbery. Said information shall be specifically shown on the
plans submitted for Streets and Sanitation Division approval.
14. That the applicant shall be responsible for maintaining
the premises free of litter at all times.
15. That automobile maintenance and repair shall not be
permitted, nor shall there be any retail sales and/or display.
16. That there shall be no off-loading of vehicles during the
hours of 10 p.m. to 6 a.m.
17. That off loading of vehicles shall be limited to Rose
Street behind the auction facility.
18. 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-by-spot
basis, but must be wiped off before the vehicle is rinsed.
19. Deleted.
20. That the hours of operation, except for off-loading of
vehicles, shall be limited to the following, as stipulated by the
petitioner:
Monday:
Tuesday through Saturday:
Monday and Friday:
8:30 a.m. - 9:00 p.m.
9:00 a.m. - 5:00 p.m.
Automotive auctions for a
maximum of three (3) hours
each day, during the
business hours specified
above
21. That the owner of subject property shall submit a letter
requesting termination of Variance No. 2699 (waivers of permitted
uses and minimum number of parking spaces to expand retail bakery
sales).
22. That within two (2) working days after final approval of
this readvertised conditional use permit, the applicant shall
obtain a valid business from the City of Anaheim Business License
Division of the Finance Department.
23. That any use of loud speakers shall no~ be audible to any
residential properties.
24. That subject property 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 Revision No. 1 of Exhibit No. 1, and as
3
conditioned herein.
25. That within a period of two (2) months from the date of
this resolution, Condition Nos. 9, 11, 12, 13, 21, 24 and 26,
herein-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.03,090 of the Anaheim Municipal Code.
26. That the applicant shall enter into an agreement 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 said commercial retail
center and/or any other off-site parking site. The covenant shall
be submitted for review and approval by the Zoning Division of the
Planning Department and the City Attorney's Office and shall then
be recorded in the Office of the Orange County Recorder. A
recorded copy of the agreement shall be submitted to the Zoning
Division.
27. 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 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, except as expressly amended
herein, Resolution No. PC72-145 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 1st day of February, 2000.
MAY/R~~OFTH~~ETY O~IM
ATTEST:
CI F THE CITY OF ANAHEIM
34487.1
-4-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-18 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 1st day of February, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait
NOES:
MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-18 on the 1 st day of February, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 1 st day of February, 2000.
F TflE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-18 was duly passed and adopted by the City Council of the
City of Anaheim on February 1 st, 2000.
C THE CITY OF ANAHEIM