Resolution-PC 2002-67•
RESOLUTION NO. PC2002-67
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT THE PROPOSED AMENDMENT TO CONDITIONAL USE PERMIT NO. 3400 BE DENIED
WHEREAS, on June 4, 1991, the Anaheim City Council did, by its Resolution No. 91 R-
165, grant Conditional Use Permit No. 3400 to permit a commercial retail center (indoor swap meet) at
1440 South Anaheim Boulevard for a period of 10 years to expire on April 22, 2001; that on July 23,
1991, the City Council, by its Resolution No. 91 R-239, amended the conditions of approval adopted in
connection with the aforementioned Resolution No. 91 R-165; and that on August 29, 2000, the City
Council did, by its Resolution No. 2000R-188, reinstate and approve subject conditional use permit for an
additional period of 10 years to expire on August 29, 2010; and
WHEREAS, the property is developed with a 133,200 sq. indoor swap meet (Anaheim
Indoor Marketplace) with outdoor accessory uses in the CL (Commercial, Limited) zone; that the property
is located in Sub Area 2(South Anaheim Boulevard Corridor) of the Anaheim Commercial/Industrial
Redevelopment Project Area; and that the Land Use Element of the Anaheim General Plan designates
the property for General Commercial land uses; and
WHEREAS, the Planning Commission did receive a request for approval of a weekly
outdoor farmers market in connection with the Anaheim Indoor Marketplace, which was established in
connection with Conditional Use Permit No. 3400; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 6, 2002 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 conditional 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 following facts:
1. That the proposed use, an outdoor farmer's market in conjunction with an existing indoor
swap meet, is not listed in the Anaheim Municipal Code as being a permitted use in the CL (Commercial,
Limited) zone and, therefore, it has been determined that the use is properly one for which a conditional
use permit is authorized by Section 18.03.030.010.
2, That th~ proposed ~mendment is hereby denied on the basis that approval would
adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be located because the outdoor farmers market would be an extension of the existing indoor
swap meet and would include similar vendors.
3. That the size and shape of the site for the proposed use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare, nor detrimental to this site; and that in the past outdoor uses have been
specifically prohibited in connection with the existing indoor swap meet at 1440 South Anaheim
Boulevard.
4. That amending this conditional use permit, as proposed, would be detrimental to the
peace, health, safety and general welfare of the Citizens of the City of Anaheim.
Tracking No. CUP2002-04532
CR5356DM.doc -1- PC2002-67
~ ,
5. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That the proposed use does not further the goals and objectives of the Anaheim
Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor ("SABC")
overlay zone, which include promoting long-term preferred land use strategies through quality projects
and eliminating blighting influences; and, further, that outdoor uses such as the proposal are not
specifically permitted in the underlying CL Zone.
7. That no one indicated their presence at the public hearing in opposition to the proposaf;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
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 deny the request to amend Conditional Use Permit No. 3400, on the basis of the .
aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 6, 2002.
~ ~~~~
CHAIRPE S N, ANAHEIM PLANNING COMMISSION
ATTEST:
~~~~~~ ~.~PiS~ ~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 May 6, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMlSSIONERS: VANDERBILT
ABSTAINED: COMMISSIONERS: BOSTWICK
~N WITNESS WHEREOF, I have hereunto set my hand this ,3 ~ day of
, 2002.
~ p~~- ~~ ~o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2002-67