1982-240RESOLUTION NO. 82g-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2296
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from CALIFORNIA DRIVE -IN THEATRES, owner, and KEITH A. MURDOCH,
agent, to permit swap meets at an existing drive -in theatre
located in the City of Anaheim, County of Orange, State of
California on certain real property legally described as:
THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCEL-
LANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A SPIKE ON THE CENTER LINE OF LEMON
STREET, NORTH 0 DEG. 23' 00" WEST 509.55 FEET FROM
THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN
THE DEED TO HENRY G. MEISER, RECORDED APRIL 13,
1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE
BEING THE NORTHWESTERLY 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; THENCE NORTH 89 DEG. 37' 00" EAST
42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL
2; THENCE SOUTH 2 DEG. 55' 41" EAST 114.96 FEET TO
A POINT EASTERLY 48.00 FEET, MEASURED AT RIGHT
ANGLES FROM SAID CENTER LINE; THENCE SOUTH 4 DEG.
57' 26" EAST 125.40 FEET TO A POINT EASTERLY 58.00
FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE;
THENCE SOUTH 35 DEG. 55' 16" EAST 43.01 FEET TO A
POINT EASTERLY 83.00 FEET, MEASURED AT RIGHT ANGLES
FROM SAID CENTER LINE; THENCE NORTH 89 DEG. 37' 00"
EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID CENTER
LINE; THENCE SOUTH 0 DEG. 23' 00" EAST 136.00 FEET
PARALLEL WITH SAID CENTER LINE; THENCE SOUTH 28 DEG.
18' 48" EAST 111.85 FEET TO THE SOUTHERLY LINE OF
SAID LAND OF MEISER; THENCE ALONG THE SOUTHERLY AND
EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO
BETDINE PROPERTIES INCORPORATED, RECORDED AUGUST 2,
1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS,
SOUTH 80 DEG. 13' 59" EAST 381.56 FEET, SOUTH 83
DEG. 20' 03" EAST 263.53 FEET, SOUTH 84 DEG. 35' 12"
EAST 96.26 FEET AND NORTH 0 DEG. 24' 56" EAST 109.42
FEET TO THE CENTER OF SAID SECTION; THENCE NORTH 0
DEG. 25' 30" WEST 922.94 FEET ALONG THE EASTERLY
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ATTY -26 (Page 1 of 2 Pages)
LINE OF SAID LAND OF MEISER TO THE NORTHEAST CORNER
OF SAID LAND, SAID NORTHEAST CORNER BEING SOUTH 0
DEG. 25' 30" EAST 905.00 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 WHICH MARKS THE
SOUTHEASTERLY CORNER OF SAID LAND OF MEISER; THENCE
ALONG THE NORTHERLY LINE OF SAID LAND OF MEISER
SOUTH 89 DEG. 42' 40" WEST 962.66 FEET, SOUTH 0 DEG.
25' 30" EAST 8.00 FEET AND SOUTH 89 DEG. 42' 40"
WEST 366.90 FEET TO THE NORTHWESTERLY CORNER OF SAID
LAND OF MEISER, SAID NORTHWESTERLY CORNER BEING SOUTH
0 DEG. 23' 00" EAST 913.00 FEET FROM A BOLT ON SAID
CENTER LINE OF ORANGETHORPE AVENUE, WHICH MARKS THE
NORTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION; THENCE SOUTH 0 DEG. 23' 00"
EAST 407.58 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND WEST-
ERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID POINT NORTH 0 DEG. 23' 00" WEST
509.55 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE
NORTH 0 DEG. 24' 00" EAST 65.16 FEET TO THE TRUE POINT
OF BEGINNING; THENCE ALONG THE NORTHERLY AND EASTERLY
.LINES OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK 3980,
PAGE 191 OF OFFICIAL RECORDS, SOUTH 89 DEG. 36' 00"
EAST 50.00 FEET, SOUTH 2 DEG. 08' 42" EAST 180.18
FEET AND SOUTH 8 DEG. 28' 50" EAST 161.94 FEET TO THE
MOST SOUTHERLY CORNER OF SAID LAND OF THE STATE; and
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WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as re-
quired by law and the provisions of Title 18, Chapter 18.43 of the
Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investi-
gation and studies made by itself and in its behalf and after due
consideration of all evidence and reports offered at said hearing,
did adopt its Resolution No. PC82 -33 , granting, in part,
Conditional Use Permit No. 2296 ; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consider-
ation of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular,area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not im-
pose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning Commission
ara4tina. in partpaid conditional use permit be, and the same is
hereby, modified and that Conditional Use Permit No. 2296 be,
and the same is ereby, granted permitting swap meets at an exist-
ing drive -in theatre located on the hereinabove described real
property with waivers of the following provisions of the Anaheim
Municipal Code:
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ATTY -26 (Page 2 of 2 Pages)
SECTION 18.06.040 Required improvement of parking
areas. (paved public parking
required; unpaved parking
proposed)
SECTION 18.61.063.011 Minimum landscaped setbacks.
(5 and 10 feet required; none
proposed)
SECTION 18.61.064.020 Maximum fence height. (30
inches permitted in front 10
5 foot setback areas; 6 to 25
feet existing)
subject to the following conditions:
1. That sidewalks shall be installed along Lemon Street as
required by the City Engineer and in accordance with standard plans
and specifications on file in the Office of the City Engineer.
2. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 2098 to the
Planning Department.
3. That, within a period of ninety (90) days after the five -
acre undeveloped parcel adjacent to .Lemon Street is used for parking
on two (2) consecutive weekends, the owner of subject property shall:
(a) Install reasonable landscaping with irrigation faci-
lities in the ten -foot (10') setback along Lemon Street. Said land-
scaping shall consist of live plant material and shall be bermed or
installed so as to screen the parking area from Lemon Street.
(b) Remove, relocate and /or lower the existing six -foot
(6') high chainlink fence along Lemon Street to a minimum setback of
ten feet (10') from Lemon Street and /or a maximum height of 30 inches.
(c) Pave and stripe the parking area in conformance with
code requirements.
4. That a parking agreement shall be made with the owner of
the property to the east (Northrop Corporation) providing for a
total of 600 parking spaces on Saturdays and 1000 spaces on Sundays.
Said agreement shall be submitted to the Planning Department for
transmittal to the City Attorney for review and approval and shall
then be recorded in the Office of the Orange County Recorder. Said
agreement shall remain in effect at all times during the exercise
of this conditional use permit.
5. That all sellers at the swap meets shall comply with all
State Board of Equalization licensing requirements and any other
applicable requirements of law.
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6. That all attendees of the swap meets shall be admitted only
in vehicles and no walk -in traffic shall be permitted and that the
applicant shall take all necessary steps to insure that no walk -ins
shall be admitted.
7. That prior to commencement of the use herein approved, the
- petitioner shall enter into agreements with the City of Anaheim and
the City of Fullerton to guarantee reimbursement of any needed traf-
fic or security control measures taken by the Anaheim or Fullerton
Police Departments. Said agreements shall be subject to approval of
the City Attorney's Offices and Police Departments of the respective
cities.
8. That this conditional use permit shall be in full force
and effect for a period of two years from and after the date of this
resolution, provided further that said permit shall be subject to
review one year from the date hereof.
9. That traffic flow for the swap meets shall be controlled
by the applicant to comply with the map attached hereto marked
Exhibit "A" and incorporated herein by this reference.
10. That the applicant shall, at its own expense, clean the
surrounding premises from any trash that might be developed from
the operation.
11. That the applicant shall pay the cost of striping of a
left turn lane on Lemon Street as approved by the City Traffic
Engineer.
12. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1, except as required by the preceding
Condition No. 3.
13. That Condition Nos. 1, 2, 4, 11 and 12, above - mentioned,
shall be complied with prior_ to the commencement of the activity
authorized under this resolution, or within a period of one year
from date hereof, whichever occurs first, or such further time as the
City Council may grant.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unen-
forceable by the final judgment of any court of competent jurisdic-
tion, then this Resolution, and any approvals herein contained, shall
be deemed null and void.
ME
THE FOREGOING RESOLUTION is approved and signed by the
City Council of the City of Anaheim this 11th day of May, 1982.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW : fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 82R -240 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of May, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 82R -240 on the 11th day of May, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of May, 1982.
CITY CLERK OF THE CI OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution'No. 82R -240 duly passed and
adopted by the Anaheim City Council on May 11, 1982.
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