Resolution-PC 98-10RESOLUTION NO. PC98-10
A RESOLUTION OF THE AhAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR GONDITIONAL USE PERMIT NO. 3994 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Caiifornia, described in Attachment "A".
VJHEREAS, tlie City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on January 21, 1998 at 1:30 p.m., notice of said pubiic 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 is properly one for which a conditional use permit fs authorized by
Anaheim Municipal Code Section 18.61.050.020 to establish an outdoor swap meet and market place with
waivers of the foilowing:
(a) Sections 18.04.060.050 - Minimum oarkin4 lol landscapinq;,
18.Q6.030.04Q (One tree separatinq everv •10 ~arking spaces
and 18.61.066.030 required; none proposed)
(h) Se;tion 18.61.065.020 - Permitted encroachments in setback areas.
maximum 36 inch hiQfi decorative screen wall permitted
in froni 10 feet; 6-foot hiqh wrouaht iron fence proposed)
That waiver (a), pertaining to minimum parking lot landscaping, is hereby approved
because there are special circumstances applicable to this property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity, because of
development limitations caused by the SR 91/Riverside Freeway widening proJect; that this use is
approved as an interim use only (for 3 years); and that the total amount of approved landscaping on the
site will be achieved by a wider landscaped planter adjacent to Lemon Street than required by Code;
3. That waiver (b), pertaining to permitted encroachments into the required front setback, is
hereby approved because there are special circumstances applicable to the property consisting of its
Iocation and surroundings, which do not apply lo other identically zoned properties in the vicinity because
of its proximity to the freeway construction proJect; the property's isolation due to the temporary closure of
Lemon Street the need for adequate security screening provided by minimum 6-foot high fencing in the
front setback; and that strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning ciassification in the vicinity because this proposal involves a large
number of public visitors during open hours when security is needed, unlike the adjacent industriai uses
which receive very few public visitors; and, furlher, that the proposed wrought iron fence, instead of chain
link fencing, will not be aesthetically detrimental when viewed from Lemon Street;
CR3164PL.DOC -1- PC98-10
4. That the proposed use is properly one for which a conditionai use permit is authorized by
the Zoning Code;
5. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
6. That the size and shape of the site for the proposed use is adequate to ailow full
development of lhe proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and generat welfare because this property is large enough to accommodate the required number of
parking spaces and circulation on-site;
7. That the traffic generated by the proposed use will not impose an u~due burden upon the
streets and highways designed and improved to carry the traffic in the area due to the nature of the
surrounding land uses and the varying peak hours of operation between :hose uses and the proposal;
8. That granting this 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;
9 That this swap meet will provide for community retailing opportunities in a location that is
compatible with surrounding land uses; and that this business will be accessible and beneficiai to nearby
residentiai neighborhoods;
10. That the proposed development of this property, including the proposed amount of
landscaping, will significantly improve the appearance of the existing vacant site; and
11. That one person spoke indicating their presence at said public hearing in opp~sition; and
that no correspondence was received in opposition to the subject petition.
CnLIFORNIA ENVIRONMENTAL QUALIiY r=~c^•T FINDING;: Tltat ryn~.Am~hetx,} pity Q~3Rn-ing
Commission has reviewed the proposai to estalblish ~n o.~~tdoor swa~~ i~eQ~;; ~nd m~ri~c?( ~?lace wi~Sh waivess
of minimum parking lot landscaping and p~rm~~ea e~ro~3~hmenl,~ ~n ~E~~~k a~as on a 24.~J5-~r1e
property located at the southeast corner of Du~s~ ~°leQt ~nd Lemc,n st~,eR, wirri ~fFontag~s ~'of 1,?§4 f~e( rf,l
the south side of Durst Street and 674 feet on ~e east side of Lennon street ,f7500 North~, Lemon StrQ~t -
formerly Anaheim Drive-Inj; and does hereby ap~rav~ ih@ FI~g~Si~~ L?ecia~~r~h upon„ Onding ('hat the
declaration reflects the independentjudgementr~f th~ lead ag~ncy-a+~d that+~~ h?;~,coci~idaered the Megatlva
Declaration together with any comments recei~=ad eiuring the public ~~;;j~°;; ~' ic;s§ ~an~ ~;{~rtfner fi~din~ on
the basis of the iNtiai study and any commentg ~~ceived that lhere ,,, no ~,~~nstanU~?,~ evic~~nce: tHat tho
project will have a significant effect on the envir~xi-menk.
NOW, THEREFORE, BE IT RrSOWED lhat the Af~aheim Ci.t\ Planning
Commission does hereby grant subject Petition for Condiuorfl~'' ~'s~ Per~iilt, llf~bn the f911owing conditions
which are hereby found to be a necessary prerequisite ~ 11~,8 yropoa~d use of th~ subJect property in
order to preserve the safety and general welfare of the Citizenss of the Gdty of Anaheim:
1. That no roof-mounted equipment shali be permitted uniess fully screened from view from all
public streets and adjacent commercial properties in accordance with the Anahefm Municipal
Code. The owneddeveloper shali siiow detailed screening information on the plans submitted for
building permits.
2. That the exfsting theater sign shall be refurbished to the satisfaction of the Planning Department;
and that any additionai signs shall be subject to the review and approval of the Planning
Commission as a"Reports and Recommendations" item.
3. That the sale and consumptfon of alcohotic beverages shall not be permitted on lhe premises,
CR31 E ~ ". ; . ' . -2- PC98-10
4. That the parking lot serving these premises shall be equipped with lighting of sufficie~?t aower to
iiluminate and make easily discemible the appearance and conduct of ali persons on or about the
parking lot. Said lighting fixtures shall not exceed twelve (12) feet in height and the lighting shall
be contained on the site. Plans specifying this information shail be submitted to the Zoning
Division for the review and approval by the Pianning Commission as a"Reports and
Recommendatio~s" item.
5. That all landscaped areas shall be pianted, irrigated and maintained in accordance with the
approved exhibits and as conditioned herein.
6. That lhis permit shall expire three (3) years from the date of this resolution on January 21, 2001.
7. That the most westeriy planter adjacent to Lemon Street shail include minimum three (3) foot high
earthen berming. This information shall be specifically shown on pians submitted for building
permits.
8. That any tree or other landscaping planted on-site shall ~o ~Pnlaced !n a timely manner in the
everi that it is removed, damaged, diseased and/or dead.
9. That trees shatl not be unreasonably trimmed to increase visibility of the approved use.
10. Tnat all block walls, including trash enclosure walls, shall be screened with permanently irrigated
plants consisting of minimum one (1) gallon vines, planfed on maximum three (3) foot centers,
and minimum five (5) gallon shrubs. This information shall be specifically shown on plans
submitted for building permits.
11. That in addition to the palm trees proposed in the front planter adjacent to Lemon Street, broad
headed canopy trees shall be planted at maximum intervals of twenty (20) feet on-center. In
addition, Queen Palm trees (minimum twelve (12) feet high) shall be planted in said planter in lieu
ofi the proposed Mexican Fan Palms. This (nformation shall be specific211y shown on landscaping
plans submitted for buiiding permits.
12. That a minimum of one thousand two hundred seventy sight (1,278) on-site parking spaces shall
be maintained at all times.
13. That except for mobile, non-amplified types of performance music, no live entertainment shall be
permitted on the premises.
14. 7hat all vendors shal~ comply with State laws re~arding the sale of aerosol spray paints. The
property owner shall be responsible for compliance with this condition.
15. That the hours shall be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, as stipulated to by
the petitioner.
16. That no required parking area shall be ferced or otherwise enclosed for outdoer storage uses.
17. That landscaping plans incorporating the information shown on Exhibit No. 2(landscaping plan)
and the landscaping conditions herein, shall be submitted to the Zoning Division for the review
and approval of the Planning Commission as a"Reports and Recommendations" item.
18. That an additional driveway for emergency access shall be providQd on Durst Street.
19. That plans shall be submitted to lhe City Traffic and Transportation Manager for review and
approvai showing conformance with the most current versions of Engineering Standard Plan Nos.
CR3164PL.DOC -3- PC98-10
436 and 602 pertaining to parkinc~ standards and driveway location. Subject property shall
thereupon be developed and maintained in confarmance with said plans.
20. The proposed Condition No. 20 was deletsd at the Planning Commission public hearing.
21. (a) That wit!~in a period of three (3) months prior to completion of the bridge across the SR
91/Riverside Freeway and the re-opening of Lemon Street, the tra~c signal at Lemon
Street and Orangefair Lare (in the City of Fulierton) shall be mo4ified to provide for a
second west-bound ieft turn lane to south-bound Lemon Street.
{b) That a plan showing ihese improvements shall be submitted to both the Tsaific
Engineering Division of the City of Anaheini Public W~:ks Department and tha City ofi
Fuilerton for review and approval by the respective Ciry Engineers.
22. The proposed Condition No. 22 was deleted at the Pfanning Commission public hearing
23. (a) That lhe developer shall construct the public sewer and storm drain improvements
originally proposed in connection with the development approved under Conditional Use
Permit No. 3834. (The plans for these improvements have been approved by the City of
Anaheim and the associated bonds have been posted.)
(b) That prior to commencement of the activity herein approved or at a later date if approved
by the Anaheim Clty Engineer, all these improvements shall be compieted and accepted
by the F(eld Engineer.
24. That subject property shali be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Plannins
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
25. That prior to issuance of a building Ferrriit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos, 1, 2, 4, 7, 10, 11, 17, 19, 21(b) and 28,
herein-mentioned, shall be complied wilh. Extensions for further time to complete said cendiii:.^~
may be granted in accordance with Section 18.03.090 oF the Anaheim Municipal Code.
26. That prior to final building and zoning inspections, Condition Nos. 5, 18, 23 and 24,
above-mentioned, shali be complied with.
27. 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 applicabie City, State and
Federal regulations. Approval does not include any aclion o~ findings as to compliance or
approvai of the request regarding any other applicable ordinance, regulation or requirement.
28. 7hat the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit No. 3834 (to permit a multi-screen theater and entertainment complex inciuding lv~o full
service restaurants and one drive-through restaurant, with waivers of required parking lot
landscaping and minfmum structural setback) to the Zoning Division.
29. That all vendors shall be contained within seiling areas only.
3~. That licensed uniformed secur(ty guard(s), approvod by `he Anaheim Police ~epartm~nt, shall be
provided on the premises specifically to provide security and to discourage vandalism, trespass
and/or loitering upon or adjacent to the subject property. The number of security guard(s) and the
t(me to remain on-duty shall be determined by the Anaheim Police Department.
CR3164PL.DOC -4- PC98-10
BE IT FURTHER RESOLVEd that tFe Anaheim City Plannin~ Commission does hereby
find and determine that adoption of this Resolution is expressly predicated u on applicanYs compliance
with each and all of the conditions hereinabove sc;t forth. Should any such cc~ndition, or any part thereof,
be declared invalid or unenforceable by the final judgment of an 'court of cor~pe~ent jurisdiction, then this
Resolution, and any approvals hereir contained, shall be d,~erc~d null and vo{d: /1
THE FOREGOING RESOLUTION wa~-ddq~`t~d a~~heiP,tar~t~ig Commission meeiing of
January 21, 1998. `~ { ( ~( !
ANAHEI(vl CffY PLANNING COMMISSION
ATf EST: ~~tt.(,@'
SECRETARY, AHEiM CITY PLANNINU COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ; ss.
GITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do tiereby
certify that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOYDSTUN, BRIS'fOL, NAPOLES, PERAZA
NOES:COPdMISSI~NERS: NONE
ABSENT:COMMl~SIONERS:BOSTWICK,HENNINGER, MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ~'t
1998. (+-~~~~
lM` ~~U"fl`~`~~lTv
SECRETAR , NAHEIM CITY PLANNING COMMISSIQN
CR3164PL.DOC -5- PC98-10
F~iroe.l A:
ATTACHMENT "A"
That portian of Secti~ 3. ..n,+nehi.p 4 Sartt~. Ra~~g° 1~ ~ast, ti ~~m ~
.7uon ~S de serca nr~a. in tk~ a~y of ar~eaaasm, t~asm~ °f °~*~• ~°f
r,.~frm~il,, ap ~~p remx~dad in Hoaic 51. ~e 1D Ml.~oalle[~ae ~. 1n ttr~
affine of t~a Cturty ~a~3e2' of soid Ctxrrty, ~~ ~~~~' .
6oc,L~~ at a s~11ce on the cYnterline af Issrn Streat, NoQ'th 0• 23' 00" baeat 509.55 feet
fzrni the Soutt~rly cYSrn~ of ~ l.and de~criLied in tt~a c~ed m Fienzy G. Maieer.
~ec~x~8 Apri1 13, 192b, in S~dc 636, R~ge 35d of ne~ds, enid s¢ilae k~air;7 t3~e
"arthw~o~rly oan~ of ~1 2, e~ strnm m a me~ filed in 8~dc 1G, R9Qa 1 of Aemzd of
Survsys, in tt~e affics of the (b~azty Fiea~¢~Sr uf Bald C}xatty; t3~sr.~ f~s'th 89• 37' pp~~
Fao+ ~2.90 feet along ti~e No¢°ttierly 7.il~s of eaid Peussl 2: tls~oe Sart3~ 2' S5' dl" Fasrt
114.96 feet Y.o a poirst F~Carly 48.00 feet, t~as~u+2d at right ~gl.ee fzva sDld cErrtetlilie:
~ Sart'n 4' S7' 26" P~st 125.40 foet ta a poirct Fbeterly 58.00 feet, tae~ued at right
~~ ~~ oe~~li~: t3~nc~ Snrth 35• 55' 16" Past g;9,01 fest ta a polnt F~ly
63.00 feet, meESaaeci at ri~rt ~1,~s ~a sai~ cs~bar].]ne; ~ Nc¢Kh 89 • 37' 00" ~st
462.00 ~eet, at z19drt engLes fznaa said ~~lir~e: ther~ S~out3i 0' 23' 00" P~et 135.0~
feet paz~allal. with 9ai4 c~ant~li.r,~: t3~ Sauth 28' 18' d8" F:ist 111.85 fa~t to 'tir~
Sout3~ly l.iree of said l.s~d of t9~i.~r: ti~enc~ sl.cs~ t~ Soutt~cly eaad 8asterly l.ir~e of the
l~na ~'.i.bm isi t#~ claed b~ aatrlsns Ps,operttee Ir~oox~pareted, zMmo~ auguet 2, a953, in
~~F]set 263. 53 fc~et South 8~4' 35'~12": F~~t 806 13~' 59~ Nat3~ 0' 24' S6" Paet 1Q9. d2 ,
feet t~ t3~e oertt~ of eaid aacti,al: ti~s~ae I+iox~th 0• 25' 30" fda~t 922.94 ~t alrx~g ti~e
Faat~ly .li.ne of e~.iri ].a~d af !~i&er to ~e lrax~tt~et oazs~r of s~aid land, ~tti3 No~t3mast
a~rrmc' bs1T~ 9cuth 0` 25' 30" Fast. 90~.00 fest fxtsa a le~eci a~d tadc in ti~ pav~st an
the aenbarlis~e of O~atsqstt~oxp~ An~rnna, er~d ~~ strei~trt lir~ bebieen saiti lee~! e~nd tac3c
anl a 3-irch ixtai Pit~s e~hid~ aeui~ the sou~t~rly a~ar~r af enid ].m~d of M~i.ear: tk~
~~6 ~~'i3terly ll.sie o~ said ].and of I~'~si~' Soutts ~9 ° 42' d0" h~e~t 962. 66 fae~C: Sa~rtlh
~~ 25' ~" Past 8. QO feat ~d ~outh 89 • 42' 40" fderjt 366. ~ feet tn t3~e ~rb~rly
wirrre~c of wid lmid of FS~i~ss, sri i~lY ~ ba1a~ 9aith 0• 23' 00" F~st 913.00
EeAt from a~alt an saiA z~crbarli~ af 0~}r,~xl'B ?-vmca~e. -rhid~ n~rics i3~e td~rt3~eet
oc¢r~s of t3~ ~ast hnlf ~f tr~ Nacti~west qixsrter of seid sectic~: ti~er~ 8auth 0' 23' 00"
Fhst 307.58 feet to i~e poirrt af begiiazir~g.
~c ~.~t ~cri ti~areof lyirg Soutt~t+rly ~i ~sly of i~e folla~tie~g de~rsibed litte:
~giminq e-t said poistt l~cth 0' 23' 00" NDast 509.55 feet fz+~ ~aid Sout3~ameterly c~.a~sr;
t3~er~ce trbsth 0° 1A' 00" &~st 65.16 faet to tfie '1~ PoxNT ~' B~IId~@1G: ~acx~ alrng ti~e
trrrt3~erly ~d Fesdesly li.nes of thB lend daars'ibeci in 'tta~ ~.ier3 To ti~e 5tz~ts af cxt i~,..,i p~
ze~r~ded July 22, 1957, in Hooic 3480, F~mcp 191 of Official P~tls: Sa~th &9' 36' 00" E~st
50.00 faet; t3~er~ Saith 2• Q8' 4Z" E~tt 18D.18 f~t ard South B• 28' S0" Fc~t 161.4d feet
to the moet sout2~~arly oacre~r af said lard of ti~a Staba.
-'. i~ :~,~...~. ~t3~'"iaal2~ard•,~roa~rsa;lr.x~taci;~~.~d+a~r'd~~:*.~ai.dr~g~~ rrbainB:~s~~
gZA,.~Sl.,fi~~~d"R'ai'Ch,.~.vOQ-=ftaet'~•r•she:.~t~; Q€^,~a.i4ij;,e~tia[ina~
~ B:
'Ihat P~ctiai of tt,e f~sst he.].f of tt~a NprtJ~rt qlLmt~ar of the ~,~1 Sectl.an 3,
~~ip C South, f~~ 10 Fl~t, witt~in t3~e Rrrrh~ Sa~ Juen Cqj~ de Seatta JYa, as'~w~ymd
ta Jieruy G. hY~1.~ar ty d~cl z'ea~ded in ~c E~36, Pgg~ 35d o~ D~c~, in the offica of tne
~'~Y ~d~ of said Up~ity, dea~zibed a8 fal-lows:
~~9 at tt~o Sartt~aee~rrly c~rx of P~x~l 4 of ti~e higiaoe1r r~t p£ y~, r.,i i R.,~ ~
c rtEf.-2sa ) 4a the ciry of Ar~t~im t~• Fie~olutsrr, of t~e caLtfom,sn Fiigta,~r C~.s~ai, a
oertifi.ed a~y~ og Whit3z F~esalutlara wee x~d~II -Vaveahat 30. 1453 in ~.idc 7756. F4~p~ 472
af Offic;Sal Aeaotde; trier~oD lioat3~'ly ~1 :~;0 tt~ F~setaa~ly lir~ of &mid ~1 4~y.p,~
tt~ezatrs a{a 1~kxtt~ 1~•.~,3~by' pi~8~" S'~tt~,y~lmpl ~. 69 ~~yyt~ /tyo~ tlm ~y~~l~Y~~t~e.~yy~is~u^e oCtc aa^i,d oaa90 ~
^^~`~~ ~-~'•Yl V7. J~1 llU~ Gatl.• ~7f~L~W ~i ViIIirC .aLN{l1i M!~ JV~ 6/~~ ~~
33.03 f~at: ~~~ Scwct3s 7 b3 0'a" 46~t 90.~40 feet; t3mc~ So~h 58• 28' Z7" iV~t. 75.96
fi~vt bo tl~e S~out~ex~ly lir~ of mld 1~~ of Alaiaer: thenoe A1ox't.'~ 86' S1' 29" Neet. 271.14
f+r~t to tin point of be~innlr~. .
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