Resolution-PC 2000-89• •
RESOLUTION NO. PC2000-89
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPRQVING CONDITIONAL USE PERMIT NO. 3400
FOR TEN (10) YEARS TO EXPIRE JULY 17, 2010,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. 91 R-165, 91 R-239,
PC92-95 AND 92R-182, AS ADOPTED AND AMENDED THEREWITH
(CUP TRACKING NO. 2000-04230)
WHEREAS, on June 4, 1991, the City Council adopted Resolution No. 91 R-165 to approve
Conditional Use Permit No. 3400 to permit a commercial retail center/indoor swap meet for ten years on
property located at 1440 South Anaheim Boulevard (Anaheim Indoor Marketplace); and
WHEREAS, on July 23, 199~, the City Council adopted Resolution No. 91R-239 to amend
certain conditions of approval of Conditional Use Permit No. 3400; and
WHEREAS, on July 27, 1992, the Planning Commission adopted Resolution No. PC92-95
determining that the indoor swap meet is one business entity for purposes of obtaining special events
permits and to amend the conditions of approval pertaining to timing of certain conditions; and
WHEREAS, on August 18, 1992, the City Council adopted Resolution No. 92R-182 further
amending the conditions of approval, and denying a request for an extension of a special event permit for
outdoor entertainment, and approving flags, banners and balloons for 90 days; and
WHEREAS, this property is developed with a 133,200 sq.ft. commercial/industrial building
which has been modified for use as an indoor swap meet facility with accessory outdoor uses; that the
Anaheim General Plan designates the property for General Commercial land uses; that the property is
zoned CL (Commercial, Limited); and that the property is located in Sub Area 2"South Anaheim
Boulevard Corridor" of the Anaheim Commercial/Industrial Redevelopment Project Area and the
proposed South Anaheim Boulevard Overlay Zone currently pending before City Council; and
WHEREAS, the petitioner requests modification or deletion of a condition of approval
pertaining to a time limitation (the use will expire on April 22, 2001) under authority of Code Section
18.03.093 to reinstate this conditional use permit and retain the existing indoor swap meet operation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 17, 2000, at 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 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. That the use, as amended, is properly one for which a conditianal use permit is
authorized by the Zoning Code.
2. That this use permit has been exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council in 1991.
3. That the low number of Code Enforcement complaints which have occurred and the
prompt resolution of previous violations indicate this use is being exercised in a manner which is not
detrimental to the surrounding land uses, nor to the public peace, health, safety and general welfare.
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4. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which the use is located.
5. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
6. That the traffic generated b'y the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
7. That one person spoke at the public hearing in favor of the proposal, that petitions totaling
841 signatures were submitted in favor of the proposal; and that no one indicated their presence at the
public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve Conditional Use Permit No. 3400 to retain the existing indoor swap meet
operation at 1440 South Anaheim Boulevard for ten (10) years, to expire on July 17, 2010; and
BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution Nos. 91 R-165, 91 R-239, PC92-95 and 92R-182,
adopted in connection with Conditional Use Permit No. 3400, to read as follows:
1. That this permit shall expire ten (10) years from the date of this resolution, on July 17, 2010.
2. That the parking lot shall be resurfaced and restriped in accordance with City standards.
3. That the parking lot shall be maintained and repaired when necessary to prevent potholes, cracks
and uneven surtaces.
4. That trash storage areas 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 area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent ~treets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery.
5. That the applicant shall be responsible for maintaining the premises free of litter at all times.
6. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
7. That the property shall be maintained in accordance with the most current versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway lacations.
8. That there shall be no public telephones on the property, which telephones are located outside the
building.
9. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first
obtained. Roof balloons shall not be permitted at any time.
10. That no vending machines shall be visible to any public right-of-way.
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11. That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows ~of nearby businesses.
12. That the tenant spaces in the subject indoor swap meet shall be leased for periods of no less than
one (1) year each.
13. That there shall be no outdoor sales, display, or product demonstrations.
14. That these swap meet premises shall be considered one (1) business for the purpose of Special
Event Permits.
15. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
16. That the existing nonconforming freestanding electronic readerboard sign adjacent to the building
shall be removed. Any new signage shall be submitted to the Zoning Division of the Planning
Department for review and appr~oval of the Planning Commission as a"Reports and
Recommendations" item. Once approved, the signage shall be constructed and maintained in
accordance with approved plans.
17. That 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 time of occurrence.
18. That subject property shall be maintained 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 Exhibit No. 1.
19. That within a period of twelve (12) m~onths from the date of this resolution, Condition Nos. 2, 4 and
16, above-mentioned, shall be complied with.
20. 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 mot include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
21. That within a period of six (6) months from the date of this resolution, a final landscaping plan shall
be submitted to the Zoning Division~ of the Planning Department for review and approval by the
Planning Commission as a"Report~ and Recommendations" item. Said landscaping plan shall
show the following improvements as described in a letter submitted by the applicant and dated
July 13, 2000:
(a) The addition of sixty (60) juniper trees along the north fence line of the property to create a
green shield that will obscure ~the view of the back of the industrial properties adjacent to the
Marketplace; and
(b) The addition of ten (10) trees interspersed throughout the parking lot area adjacent to
Anaheim Boulevard; and
(c) The refurbishing and replanting of the ground cover along Anaheim Boulevard with plants
that are less subject to being trampled down by pedestrians.
Said landscaping shall be installed within a period of twelve (12) months from the date of this
resolution.
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July 17, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON, ANAHF~I ~ITY f~i..ANNING COMMISSION
ATTEST:
• ..C~'U11 .
SECR ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 July 17, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
~0 '
SE ETA ANAHEIM CITY PLANNING COMMISSION
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