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2002-097RESOLUTION NO. 2002R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4125 TO EXPIRE JUNE 21, 2003, AND AMENDING CERTAIN CONDITIONS OF APPROVAL RELATING THERETO AS SET FORTH IN RESOLUTION NO. PC2001-39. WHEREAS, on June 21, 1999, the Planning Commission, by its Resolution No. PC99-118, granted Conditional Use Permit No. 4125 to establish an outdoor swap meet at 2150 South State College Boulevard with waiver of required parking lot landscaping; and that Condition No. 1 of said resolution specified that the use permit would expire on June 21, 2001; and WHEREAS, on April 9, 2001, the Planning Commission, by its Resolution No. PC2001-39, reinstated and approved Conditional Use Permit No. 4125; and that Condition No. 1 of said resolution specifies that the use permit would expire on April 9, 2002; and WHEREAS, the property is currently developed with a portion of the Orange/Anaheim Swap Meet (the swap meet is located in both the City of Anaheim and the City of Orange); that the zoning is ML (Limited Industrial) with a resolution of intent to the Sports Entertainment (SE) Overlay Zone; and that the site is designated for Business Office/Mixed Use/Industrial land uses by Land Use Element of the Anaheim General Plan; and WHEREAS, the petitioner has submitted a letter requesting reinstatement of this use permit, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and that the petitioner indicates the property owner is working with both the City of Anaheim and the City of Orange regarding potential land use alternatives for the entire site; and WHEREAS, on March 11, 2002 the Planning Commission did hold a duly noticed public hearing and, following said public hearing, did adopt its Resolution No. PC2002-41 approving reinstatement of Conditional Use Permit No. 4125 for the reasons set forth therein; and WHEREAS, within the time permitted by law, an interested party, or the City Council by its own action, did appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing on said appeal at the City Hall in the City of Anaheim on May 7, 2002, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said City Council after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine as follows: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code; and 2. The proposed use, if operated in full compliance with the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and 3. That the size and shape of the site is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. The granting of this approval, under the conditions imposed herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations heretofore approved by the City; and 7. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses; nor to the public peace, health, safety and general welfare. 8. That the facts necessary to support each and every required showing for the issuance of the proposed reinstatement, as set forth in subsection 18.03.093.040 of the Zoning Code, exist. 9. That this use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 10. That modification of the time limitation is necessary to permit reasonable operation under this use permit as originally granted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 4125, as approved by Resolution No. PC99-118, and as heretofore amended by Resolution No. PC 2001-39 be, and the same is hereby, reinstated and extended to expire June 21, 2003 subject to compliance with the following conditions; and that the conditions of Conditional Use Permit No. 4125, as set forth in Resolution No. PC99-118, and as amended by Resolution No. PC 2001-39, be, and the same are hereby, amended and restated in their entirety, to read as follows: 1. That this conditional use permit shall expire on, and the swap meet use authorized hereunder shall terminate not later than June 21, 2003. 2. That the applicant shall continuously comply with all the conditions imposed on this project by the City of Orange regarding traffic mitigation. 3. That this property shall be maintained in conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 4. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. 6. That the property owner or the swap meet operator shall 3 pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of the swap meet. The number of detectives, hours of monitoring and annual fee costs shall be determined by the Burglary Detail of the Anaheim Police Department. 7. That no signs and no Special Event Permits shall be permitted within the City of Anaheim portion of the swap meet site. 8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of the swap meet site. 9. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. 10. That trees shall not be unreasonably trimmed to increase visibility of the swap meet. 11. That no amplified (i.e., loud speakers) music or entertainment shall be permitted on the premises; and that noise levels shall comply with Code requirements. 12. That all vendors shall comply with California State law regarding the sale of aerosol spray paint. The property owner shall be responsible for compliance with this condition. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other outdoor uses. 14. That the hours of operation shall be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, the day after Thanksgiving and during the week before Christmas, with customer hours ending at 4 p.m. and trash clean-up and vendor display/vehicle removal concluded by 6 p.m., as stipulated to by the petitioner. 15. That no loading or unloading what-so-ever shall be permitted on Orangewood Avenue or State College Boulevard. 16. That this use permit is granted subject to the adoption of City of Orange Conditional Use Permit No. 2290-99 remaining as an entitlement on the Orange portion of the swap meet site 4 property; and that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action by the Anaheim Planning Commission or City Council, as determined to be necessary by the Anaheim Planning Department. Reinstatement and approval of this use permit shall be contingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290-99. 17. That if any of the conditions of approval of this conditional use permit are satisfied entirely on the portion of the swap meet located within the City of Orange (such as required trash enclosures) and plans are submitted to and approved by the City of Orange showing those improvements, a copy of those approved plans shall be submitted to the City of Anaheim Zoning Division and filed with this petition. Said approved plans will satisfy the applicable condition(s) of approval in this use permit. 18. That the developer shall be responsible for compliance and any direct costs associated with the conditions of approval imposed by the City of Orange and the City of Anaheim. 19. That the business operator shall pay for a fee for each individual vendor located within the City of Anaheim portion of the swap meet on a monthly basis, as determined by the Business License Division of the City of Anaheim Finance Department. 20. That the vendor sales area is subject to Fire Code requirements which pertain to access lane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a minimum number of vendors. Fire Code requirements may reduce the number below that shown on the approved site plan (Exhibit No. 1). 21. That all gates on State College Boulevard shall be open at all times when the property is occupied and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not in use by vendors. 22. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1; and as conditioned herein. 23. That the use of overhead power lines shall be prohibited. 24. 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 applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of May, 2002. ATTEST: CItY CLER~ OF ~HE CITY OF ANAHEIM 44654.1 MAYOR OF 'T-HE'-CITy ~ A~HEiM- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-97 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CI-I~Y CLERI~'OF THE CITY OF ANAHEIM (SEAL)