PC 80-120~
RESOLUTION M0. PC30-12Q
A RESOLUTION OF THE APdAHEIM CITY PLANNINf, COMMISSION
THAT PETITIO~! FOR CONDITIONAL USE PERMIT PlO. 2098 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verifted
Petition for Conditional Use Permit from CALIFORNIA DRIVE-ItJ THEATRES~ INC., 120
NortF Robertson Boulevard, Los Angeles, California 900A8, owner, and BRUCE OGILVIE,
6242 Barbados Street, Cypress, California 90~3~~ agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
THAT PORTfON OF SECTION 3, TOWD7SHIP 4 SOUTH. RANGE 10 WEST~ IN THE
RANCNO SAN JUAN CAJON DE SANTA ANA, CITY OF At~IAHEIM, COUNTY OF
ORANGE, STATE OF CALIfORNIA, AS PER MAP RECORDED !N BOOK 51 PAGE
10 OF MISCELlANE0U5 MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINDJING AT A SPIKE ON THE
CENTER LIPIE OF LE^tuN STREET, t~ORTH 0° 23~ 00" WEST 509•55 FEET
FROM THE SOUTHWES'(ERLY CORNER OF TNE LAtJD DESCRIBED IN THE DEED TO
HENRY G. MEISER~ RECORDE) APRIL 13. 1926 IP! B001C 636 PAGE 354 OF
DEEDS, SAID SPIKE BEING THE NORTNWESTERLY CORNER OF PARCEL 2 AS
SHOWN ON A MAP FILED IN BOOK 14 PAGE 1 OF RECORD OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THEPlCE NORTH 89°
37' 00" EAST 42.90 FEET ALONG THE NORTHERLY LIMF OF SAID PARCEL 2;
THENCE SOUTN 2° 55' 41" EAST 114.96 FEET TO A POiNT EASTERLY 48.00
FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE; THENCE SOUTH
y~ 5]~ 26~' EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE; THE:NCE SOUTH 35°
55' 16" EAST 43.01 FEET TO A POINTEASTERLY 83.00 FEET~ MEASURED AT
kIGH7 ANGLES rRO~•i SA1D CEt2TER LtPlE: THEPlCE NORTH ~Q° 37~ ~~~~ EAST
462.00 FEET, AT RIGHT ANGLES FROM SAID CENTER LINE: THENCE SOUTH 0°
23' 00" EAST 136.00 FEET PARALLEL WITIi SAlD CENTER LINE; THENCE
SOUTH 28° 18' 48" EAST 111.85 FEET TO THE SOUTNERLY LINE OF SAID
LAND OF MEISER DESCRIBED Itv THE DEED TO BETDI~lE PROPERTIES
INCORPORATED, RECORDED AUGUST 2, 1g63 ~tJ sooK 6659 PAGE 338 OF
OFFICIAL RECORDS, SOl'TH 80° 13' S9" EAST 381.56 FEET, SOUTH 83°
20' 03" EAST 263.53 FEET, SOUTH 84° 35~ 12" EAST 96.26 FEET AND
NORTH 0° 24'Sb" EAST 109.G2 FEET TO THE CENTER OF SAID SECTION;
THEtICE NORTH 0° 25' 30" WEST 9~2•94 FEET ALONG THE EASTERLY LINE
OF SAID LAND OF MEISER TO THE NORTHEAST COR~JER OF SAID LAND. SAID
NORTHEASi CORNER BEING SOUTH 0° 25~ 3~" EAST 905.n0 FEET FROM A
LEAD AND TACK IN THE PAVEMENT ON THE CENTER LINE OF ORANGETHORPE
AVENUE, AND ON A STRAIGHT LiNE BETWEEN SAID LEAD AND TACK AND A 3
INCH IRON PIPE WHICli MARKS THE SOUTHEASTERLY CORNER OF SAlD LAND
OF MEISER; THENCE ALONG 'fHE NORTHERLY LINE OF SAID LAND OF MEISER
SOU'iH 89° 42' 40" WEST 962.66 FEE7. SOUTH 0° 25~ 30" EAST $.00
FEET APlD SOUTH 89° 42' 40" WEST 366.90 FEET TO THE NORTHWESTERLY
COR.NER OF SAID LAND OF MEISER, SAID NORTHWESTERLY CORNER 6EING
SOUTH 0° 23' 00" EAST 913.00 FEET FROM A BOLT ON SAID CENTER LINE OF
ORANGETHORPE AVENUE, WHICH MARKS THE NORTHEAST CORMER OF 7HE EAST
HALF OF TNE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23'
00" EAST ~E07.53 FEET TO THE POiNT OF BEGINNING. EY.CEPT THAT
PC8Q-120
PORTION TfiEREOF LYING SOUTHERLY AP1D WESTERI.Y OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT SAID POINT NORTIi 0° 23' 00" WEST
50y.55 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24~
00" EAST 65.16 FEET TO THE TRUE POINT OF BEGINNINC; THENCE ALONG
THE NORTHERLY AND EASTERLY IINES OF THE LAND DESCRIBED tN THE DEED
TO THE STATE OF CALIFORNIA RECORDED JULY 22, 1957 IN BOOK 398~
PAGE 1$1 OF OFFICIAL RECORDS, SOUTH 89° 36' 00" EAST 50.00 FEET,
SOUTH 2 08' 42" EAST 180.18 FEET AKD SOUTH 8° 28' S0" EAST 161.94
FEET TO THE MOST SOUTHERLY COP,NER OF SAIQ LAND OF TfiE STATE.
WHEREAS~ the City Planntng Commission dtd hold a public hearTng at the Clty
Hall in the City of Anaheim on July 28, 1980, at 2:30 p.m., notice of said publfr.
heartng having been duly given as required by law and ir accordance wiLh the
provisions of the Anaheim Municipal Code, Chapter 18.03, t~ hear and consider
evidence for and agatnst said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Co~mission, after due inspection, (nvestigatlon and study made
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use fs properly one for whlch a conditional use
permit is authorized by Anaheim Municipal Code Section 18.~1,050,020 to wit: to
permit swap meets at an extsting drive-in theater in the ML (Industrial, Limtted)
Zone.
2. '~hat the proposed use is hereby granted oniy for those certatn days
(maximum of eleven yearly) on which the Los Angeles Rams play home football games at
the Anahetm Stadium, and on which dates petitioner is provtding parking for stadium
customers at the Orange Drive-In Theater in the Cities of Anaheim and Orange. During
1980, the spectfic dates are: September 7 and 21. Octaher• 5, November 2, 4 and 30,
and Gecember 2i, as Identifled by the petitioner.
3. That the proposed use is hereby granted for a period of one year,
subject to review at the end of that time for possihle time extensions, to determine
whether or not the use has had any detrimental effects on the surrounding properttes
and also to specify the exact dates of the swap meets for the following year, based
on the Los Angeles Rams footba)1 schedule at Hnahetm Stadium, If the use has not had
a detrfinentai impact on the area or on the peace, health, safety, and general welfare
of the Citizens of the City of Anaheim, and if the petitioner submits the swap meet
schedule, the Planning Commission may extend the use for additior.al perlods of time
(in yearly increments).
4, That the proposed use is hereby granted subject to the petitioner's
stipulation that a parking agreement~ accep;able to the City Attorney~s Ofrtce, shall
be submttted to the Planning Department to provide an addittonal 800 parking spaces
(for swap meet participa~ts) on the adjacent property ta the east of subject property
(Northrop Corporation).
5. That the proposed use, as granted, will not adversely affect the
adjointng iand uses and the growth and development of the area in which it is
proposed to be located.
"2' PC80-120
6. That the size and shape of the site proposed for the use, as granted,
ts adequate to allow thP full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, a~d general
welfare of the Citizens of the City of Anaheim.
7. That the granttng of the 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.
8. That the traffic generated by the proposed use, as granted, will not
impose an undue burdei~ upon the streets and highaiays designed and improved to carry
the traffic in the area.
9. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRON!1ENTAL IMPACT FINDING: That the Anaheim Ctty Pianning Commission has
reviewed the proposal to permit swap meets at an existing drive-in theater in the ML
(Industrial~ Limited) Zone on an irre9ularly-shaped parcel of land consisting of
aprpoximately 23 acres located at the southeast corner or Durst St~eet and Lemort
Street, having a frontage of approximately 1285 feet on the south side of Durst
Street and a frontage of approxtmately 670 feet on the east side of Lemon Street;
and does hereby approve the Negative Declaration from the requirement to prepare an
envtronmental impact report on the basis that there would be no significant
indivtdual or cumulative adverse environment~l impact due to the approval of this
Negative Declaratton since the Anaheim General Plan designates the subject property
for general industriat land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the oroposal; that the Initial Study submitted
by the petittoner indicates no significant individual or cumulative adverse
environmental impacts; a~~d tha[ the 1legative Deciaration substantiating the foregoing
findings is on file tn the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditfonal Use Permit, upor. the following
conditions which are hereby found to be a necessary prerequisite ta the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
i. That sidewalks shall be installed along Lemon Street as requlred by the
City Engineer and in accordance with standard plans and spectficatlons on file in the
Office of the City Engtneer.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of 9naheim marked Exhibit No. 1.
3. That all proposed parking areas shall be maintat~ed in a manner so as
to reduce dust and/or trash accumutation on subject property.
4. That prior to the commencement of each year's football season, the
petltione: shali submit, in writing~ to the Planning Commission, the comfng season's
schedule of swap meets (eleven (11} days maximum). Swap mee[s may be held only on
the days during which the Los Angeles Rams play home football games at Anahetm
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Stadium and on which same days parking for stadium customers is being provided at the
Orange Dr(ve-in Theater. Said yearly list shall also be subnitted to all concerned
City staff including~ but not necessarily limtted to: Bus ness Licensing Division,
Detective Division of the Police Department, and Zonina Divi~;ion.
5. That the swap meets shall be conducted ~n accordance with all
applicable City regulations and procedures, including but not limited to business
regulattons and public health and safety.
6. That petitioner shail submit a parking agreement with the adjacent
property owner (Northrop Corporation); said agreement shall make 800 parking spaces
available to swap meet customers during the swap meets; and, also sald agreement shall
be acceptable to the City Attorney.
7. That the use, as granted, is permitted for a p~riod of one (1) year at
the end of which time the petitioner may submit yearly wr(tten requests to the
Planning Comnission for additional periods of time. The Cormnissian, upon receipt of
said request, will revTew the proposed folloo-ring season's swap meet schedule and will
aiso determine whether the use has had a detrimental effect on the surrounding area
or on the peace, health, safety and general welfare of the Ci~izens of the City of
Anaheim, before granting any time extensions. If it is determined that the use has
had any detrimental effect, Commission may deny time extensions.
BE IT FURTHER RESOLVED that the Anahetm City Pianning Commisslon does hereby
find and determine that adoption of this Resolution is exp~essly predicated upon
applicant's compliance with each and all of the conditions herPinabove set forth.
Should any such condition~ or any part thereof, be declared invalid or unenforceable
by the final judyment of any court of competent jur(sdtction, then thls Resolution,
and any approvals herein contained, shall be deemed null and void.
19RO.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day of J~ly~
~C°.ati~r-c~ ~ .~J u~a-.
CHAIRWOMAN, ANAHEIM CITY PLANNING C6MMISSION
ATTEST:
(O.Q~ ~ ~YLI/(i~.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC80-120
STATE OF CALIFORtaIA )
COUNTY OF ORANGE ) ss.
CtTY OF Ap1AHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planninu Commtssion, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 28, 1980, by the following vote of
the members thereof:
AYES: COMMISSIOPlERS: BARNES, BOUAS, FRY, HERBST, KING, T~I.AR
NOES: COMMISSIO~dERS: BUSHORE
ABSENT: COMMISSIONERS: NONE
Ih WiTtdE55 WFIEREOF, I have hereunto set my hand this 28th day of July, 1980.
~~ ~°_ ~~~.~
SECRETARY, ANAHEIM C17Y PLAt~N~Hr COMMISSION
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