Resolution-PC 2001-39•
RESOLUTION NO. PC2001-39
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4125
FOR ONE (1) YEAR TO EXPIRE APRIL 9, 2002
WHEREAS, on June 21, 1999, the Planning Commission adopted Resolution No. PC99-
118 to grant Conditional Use Permit No. 4125 to establish an outdoor swap meet at 2150 South State
College Boulevard with waiver of required parking lot landscaping; and that said resolution includes the
following condition of approval:
That this permit shall expire finro (2) years from the date of this resolution on June
21, 2001.
WHEREAS, this property, which is located in both the City of Anaheim and the City of
Orange, is developed with an outdoor swap meet (Orange/Anaheim Swap Meet); and that the portion in
Anaheim is zoned ML (Limited Industrial) with a resolution of intent to the Sports Entertainment (SE)
Overlay Zone and is designated for Business Office/Mixed Use/Industrial land uses by the Anaheim
General Plan; and
WHEREAS, due to the property's location in finro cities and both cities having jurisdiction
over different portions of the property, appropriate approvals in both cities were necessary for the
property to functian as an i~tegrated development; and that City of Orange Conditional Use Permit No.
2290-99 was approved on August 10, 1999 without a time limitation; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
under Condition No. 1 will expire on June 21, 2001, to retain the outdoor swap meet facility.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 9, 2001, 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 no physical aspects of the property or land uses in the immediate vicinity of this
property have changed; that no aspect of the business operation has changed from its inception and
that all conditions of approval pertaining to this use have been complied with; and that site inspections
indicate that the property and front landscaping are being adequately maintained.
2. That this property is located at the entrance to the Anaheim Stadium Area, a prominent
"gateway" to Anaheim with a direct view towards the stadium; that a number of significant planning
programs and development projects (including the renovated Edison International Field of Anaheim and
the Summit Commercial office building currently under construction) continue to positively shape the
urban design and land use patterns in the Stadium Area; that in March 1999, the City Council approved
the Anaheim Stadium Area Master Land Use Plan, which allows for a mix of office, retail and hotel uses
and, similar to the Anaheim Resort, includes a distinct landscape theme along the major streets and
(Tracking No. CUP 2000-04339)
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front setbacks within the Stadium Area; and that these projects, as weil as other projects including
Stadium Crossings are intended to revitalize and enhance the image of the Stadium Area.
3. That this use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved, in conformance with Subsection
18.03.093.040 of the Zoning Code.
4. That reinstating this use permit, under the conditions imposed, will not adversely affect
adjoining land uses and the growth and development of the area in which it is located.
5. That amending the time limitation is necessary to permit reasonable operation of this
business under the use permit as previously granted.
6. That no one indicated their presence at the 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 retain an outdoor swap meet facility (conditioned to
expire June 21, 2001) on an 8.48-acre irregularly-shaped property having frontages of 635 feet on the
east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, having a
maximum depth of 805 feet, being located 280 feet south of the centerline of Orangewood Avenue, and
further described as 2150 South State College Boulevard (Orange/Anaheim Swap Meet); and does
hereby find that the Negative Declaration previously approved in connection with this conditional use
permit is adequate #o serve as ~Fie-required environmental documentation irr eonneetion with this request
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved 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
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 4125 for one (1) year to expire on April 9, 2002, to retain an
outdoor swap meet facility;
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-118, adopted in
connection with Conditional Use Permit No. 4125, to read as follows:
That this permit shall expire one (1) year from the date of this resolution, on April 9, 2002.
That the applicant shall comply with all conditions imposed on this project by the City of Orange
regarding traffic mitigation.
3. That plans shall be submitted to the City of Anaheim Traffic and Transportation Manager for review
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and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
4. 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 area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets 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.
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5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with
Engineering Standard Detail No. 610, as required by the Streets and Sanitation Division.
6. That the property owner or swap meet operator shall pay an annual fee for Police Department
detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of
this property. The number of detectives, hours of monitoring and annual fee costs shall be
determined by the Burglary Detail of the Anaheim Police Department.
7. That no signage and no Special Event Permits shall be permitted within the City of Anaheim portion
of this property.
8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim
portion of this property.
9. That the parking lot serving the premises shall be equipped with fighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting fixtures shall not exceed twelve (12) feet in height and shall be directed,
positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of
adjacent uses.
10. That trees shall not be unreasonably trimmed in order to increase visibility of the swap meet facility.
19. That no amptifted (i.e., rra loud speakers) music or entertainment shall be permitted on the prem~ses;
and that noise fevels shall comply with Code requirements.
12. That all vendors shall comply with California State law regarding the sale of aerosol spray paint. The
property owner shall be responsible for compliance with this condition.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
14. That the hours of operation and occupation shall be limited to 6 a.m. to 6 p.m. on Saturdays and
Sundays, on the day after Thanksgiving, and during the week before Christmas; and that customer
hours shall end at 4 p.m. and trash clean-up and vendor display/vehicle removal shall be concluded
by 6 p.m., as stipulated to by the petitioner.
15. That no loading/unloading activities, what-so-ever, shall be permitted on State College Boulevard or
on Orangewood Avenue.
16. That within thirty (30) days from the date of this resolution, the owner of this property shall submit a
letter to the Zoning Division requesting termination of the following petitions:
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facilities and two 10 foot high, 150 square foot monument signs, with waiver of required parking
lot landscaping, permitted location of freestanding signs, maximum sign width, and minimum
sight distance requirements);
• Conditional Use Permit No. 3842 (to establish swap meet operations on the City of Anaheim
portion of the Orange Drive-In Theater);
• Variance No. 4158 (to waive required lot frontage to establish a 2-lot commercial/office
subdivision);
• Conditional Use Permit No. 3106 (to construct one 18-story commercial office building and
parking structure in Anaheim and finro 10-story and finro 18-story buildings in Orange); and
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~ Conditional Use Permit No 1144 (to establish a drive-in theater to be used periodically as a swap
meet facility with waivers of maximum fence height, building setback, maximum number of
freestanding signs, minimum distance befinreen freestanding signs, maximum sign area, and
permitted location of freestanding signs).
17. That this use permit is granted subject to City of Orange Conditional Use Permit No. 2290-99
remaining as an entitlement on the property; and that any changes, revisions, modifications, etc., to
said use permit shall necessitate additional action by the Anaheim Planning Commission or City
Council, as determined to be necessary by the Anaheim Planning Department. Subject Conditional
Use Permit No. 4125 shall be contingent upon compliance with all conditions of approval of
Conditional Use Permit No. 2290-99.
18. That if any of the conditions of approval of this conditional use permit (such as required trash
enclosures) are provided entirely on the portion of this facility located within the City of Orange and
that plans are submitted to and approved by the City of Orange showing those improvements, a
copy of those approved plans shall be submitted to the City of Anaheim Zoning Division and filed
with this petition (Conditional Use Permit No. 4125). Said approved plans will satisfy the applicable
conditions in this use permit.
19. That the developer shall be responsible for compliance and any direct costs associated with the
conditions of approval imposed by the City of Orange and the City of Anaheim
20. That the business operator shall pay for a fee for each individual vendor located within the City of
Rnahe~m an a monthly bas~s as determined bp the Business License Division of the Anaheim
Finance Department.
21. That the vendor sales area is subject to Fire Code requirements which pertain to access lane widths
and minimum spacing between canopies. Approval of this conditional use permit does not
guarantee a minimum number of vendors. Fire Code requirements may reduce the number of
vendors below that shown on the approved site plan (Exhibit No. 1).
22. That all gates on State College Boulevard shall be open at all times when the property is occupied
and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be
open only for vendor use and shall be closed at all other times when not in use by vendors.
23. That subject property shall be developed and 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; and as conditioned herein.
24. That the use of overhead power lines shall be prohibited.
25. That approval of this application constitutes approval of the proposed request only to the e~ent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
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of the request regarding any other applicable ordinance, regulation or requirement.
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April 9, 2001.
THE FOREGOING RESOLUTION was adopted~t tl~e Pi~ning Commission meeting of
EIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 April 9, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BOSTVI/ICK
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of
1^cl , 2001.
m s1~.e,~_
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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