Resolution-PC 94-135FiESpLUTION NQ. PC94 ~1~5
A RESOLUTION OF THE ANAHEIM CI7Y PLANNING COMMISSIqN
AMENDING CQNqITIONAL USE PERMI7 NO. 1144
WNEfi~AS, Conditional Use Porm(t No. 1144 (to estabiish a drhJa-in thoater with wafv~rs
[permltted fenc;~ig In front setback, requirod well surrounding outdoor uses, maxlmum number of free-
standing signs, minimum distanco between treestanding signs, eggroflate areA of freestanding sigr^, and
parmittoci location of free-standi~g signs] wa~ approved, fn part, by tl~e City Council on January 20, 1970
under Resolution No. 70R-?9, fol~owing denial by the Planniilg Commisslon. SubJect property (s locateci
south and east of the southeast cornor of Oran~ewood Avenue and State Cailege Boulevard Qnd furthor
dascribed as 2150 South State College 8oulovard (Or~nye Drive•In Thoater); and
WHEREAS, the c~nditional uso proposal originally submitted fncluded the drivo-li7 thaater's
having the capability ot being utilized periodically as a"swap meet" tac(Iity but the appiicant withdrew that
partion of the roquost at the Clty Council public haarinfl.
WHEREAS, on August?.3,1994, A. Terrance Dickens, Vico President ~t PacificTheaters Realty
Corporatlon, submitted a letter requesting readvertisement ot Conditfonal Use Permit No. 1144 fn order to
rotaln the exfsting 895± Epace park(ng !ot (rog~rdiess of whether the theater remains in operation) In
conJunctlon with tho ~xisting swap meot faciiity that ts located on adJacont property in the Cfty of Orange;
and that the petitioner indicates that tho drive-in thoater use will soon be discontinued and the sole use of
the adjacent property In tho Cfty of Orange wfll be the swap me~t.;
WHEREAS, the City Planning Comn~ission did hold a public hearing at the Civic Csntor in
the City of Anaheim on October 3, 1994, at 1:30 p.m., notic9 oi said public haaring havinfl boc~~ duly c~iven
as required by I~w and in accordance witti tho provislons ofi the Anahelm Municipal Code, ~haptor 18.03,
to hear And consider ev{dence for and against sald amendment and t~ Investigate and make findinqs and
recommonda[lons in connectfan therewith; and
WHEREAS, sa(d Commission, after due inspection, investi~ation and study made by itself
and ir its bohalf, and aft~r duo consideratfon ot all ovidence and reports oH~red t~t said hearing, does find
and determine the followinp (acts:
t. That tho F'lanning Commission is authorized under Z~ning Code uoction 18.03.091 to
consider modHication of a condltional use permit at a public hearfng.
2. That the proposeti use, as mudified, is proparly ane for which a conditlonal usQ permit is
outhorixed by the Zoninp Cod9 because automobfle/vehicle parking lots are permittod fn the ML "Industrial,
Limited" Zone subJect ta approval of conditional use pormft undor authorfty o` Cocio SACtlon 18.61.050.072.
3. That approval nf this rorauest amonds Conditionat Use Permit No. 1144 by permitting the
p~rking lot In conJunction tho swap meet tacility instoad of the drive•in theator as originaily approvad.
4. That the pro~osed use, as mcxiiti~d, will not adversoly aNect the adjofning land uses and thQ
growth and developrnent of the area in whlch it is proposed to be located becauso nearby resident~al area~
in an unincorporated portion of Orange County have b~en completely redRVelopecl wit~i r~or~-residentiai
uses and zon(ng; Code En(orcement staff has testifiocf tha: no complaints or vfolat(ons have been
identilied pertaining to subject preperty; and, during the years tollowing approval of Subfsct use pennit,
the drivc,.1;, theater on the ad(acent property in the City oi Orange was expar.dod to include a sv~ap maet
tacflity and sakl existfng swap rneet us~ will not be changed in any way.
CR2209M$.wp -1- PC94• 135
5. That the size and shapo of tho sito for tho proposed use, as modified, is adequate to allow
tho full dovelopment of the pro~osed use in a marnier not d~trimontal to the particular area nor to the
peaco, health, satoty and general we~fare.
6. Thdt the traffic genarated by tho propusod use, as modified, will nut impose an undue
burd~n upon the stroets and highw~ys designed arr~ impr~ved to carry the traNic in the area.
7. That tha granting of the conditional use permit under the conditians imposecf wlll not be
cletrimental to tho peace, health, safety and penerai welfare of tha citizens of the Clty of Anaheim.
8. Tha4 no one indicated their presenco at said puUlic hearing In opposition; and that no
correspandence was receivod in opp:~sition to t~e subJeot petitiun.
GALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim City Planning
Commissfan has reviewed the propos~l for amendment to subJect conditlonal use perrnit to retaln
entitlement to an existing p~rking lot approvecl in connection with a drive-in theater and doos hereby t(nd
that the Negative Docfaratfon prevlcusly epproved In connection with Conditforal Use F'ermit No. 1144 Is
adequate to serve as the roquired environmental documentatlon in connectfon witl~ this request upon
finding that the declaration reflocts tho independent judgement of the lead agency and thxt 14 has
consldered tha Negativ~ Declaration toqether with any cornments received durfnfl 4ho pub{ic revlew
process and further finding on tl~e bas(s of the Initial study and any comments received that there is no
substantfal evidence that the projoct will have a significant effect on the environmont.
NOW, THEREFORE, 8E IT RESOLVED that the Anaheim City Plar~ning Commfssion does
hereby modify Resolution No. 70R-29 as Eoilows:
1. That fhe uso of sua(ect property is hereby amen~ed to consist of an automobi~o/vehicle parking lot
In connectlon with swap moet facil~ty located on adJacent property in the City of Oran{~e.
2. That th~ foflowing six waivers, previously appro~~ed, shall remain In full force and effec4:
(a) ,~~.~ti~n 1a.61.064.Q2~ - Permittoci str cture In the fron~setback area.
(max(mum,'~,n~Fj_hiah decoratfve t~.,lp~k wa1~ permittad;
,~Q-foot hiah metal fen~ proposed)
(b) Sectlon 18.G1.OF8.O~Q - Fences and walls enclosinq o~tdo~r uses.
(mini~num '-6 faot hi m n vr I roquired;
,~0- and 30•foot hfgh metal fence and ~[Q to hiah
~ainlink fence proposed)
(~) SAr.~lc~ns 18 05.090.011 - N m er f free-st~n~.,iLnfl, sians rmftt ,
And 18.61.067 (maximum 1 p~miined; 2 proposed)
(d) ,~tions 18.05.093,0~. - Mfnfmum distance betwaan freo-standinq sians•
18.05.098,01 i j~0 feet permitted; feet proposed)
~n,d 18,61.067
(e) SeCtign~.18 05.093.022
_1$.05•.Q~$
~.~~~~
(Q .S~I!.~~dl~34?~
18.0 ,098
,~d 18 61.467
AaaraQat~rea of iroe-st~~infl s(ans.
(maximum,~QQ~~.f • permittecl;
~,~$,Z~.it. proposecf)
Location of free-stand(n° si°ns.
(minlmum 12 f t from fn[erfar
psoperty I(nes required; Z and 60 feet prop~sed)
.2. PC94-135
,--..
V
3. That the conditlons of approvai aro hereby amended t~~ add the f~llowing two new conditions:
"12. That the uso of subJect property as a parking aroa is contfngent upon the adJacc~nt
property's continued use as a drive-in or swap meet facility.
13. That the applicant shall natify the City of Anahaim f'lannin4 Department when the drive-In
and swap meet coase operation and shall roquest the terminatlon of C~ndf4lonal Use Permit
No. 1144 at that time."
TH~ FOREGOING RESALUTION wes adopted at the Planning Commisslon meeting of
October 3, 1 ~94. ,
~ G~~ _
CHAIRWO AN, ANAHEIM CI P NNING COMMISSION
A1TES7:
~~ 9~M~-~
SECR ARY, AlJAHEIM CITY LANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY C7F ORANGE ) ss.
CITY OF ANANEIM )
I, Edith L. Harris, Sdcrotary of the Anaheim City Planning Commission, do horeby certify that
the foregoin~ resolution was passed and adopted at ~a m~ietinfl of the AnaFielm City Planning Gomm~ssion
held on Octobor 3, 1994, by the following vote ot th~ members thereof:
AYES: COMMISSIONERS: BOYUS'I UN, CALDWELL, MAYER, PER/1ZA
NOES: rOM(+AISSIONERS: NONE
ABSENT: COhAMi~SIONERg; hiENNINGER, MESSE, TAiT
IN WITNESS WHFREOF, I have hereunto set my hand this ~~ day of _~~
1994,
~~ C ION
SECiiETARY, ANAHEIM CITY PLANNING .OMMISS
_3. isuBA-135