Resolution-PC 2001-122•
RESOLUTION NO. PC2001-122
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND RESOLUTION NO. 91 R-165, AS AMENDED BY
RESOLUTION NOS. 91 R-239, 92R-182 AND 2000R-188,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3400
WHEREAS, on June 4, 1991, the Anaheim City Council adopted Resolution No. 91 R-165
to grant Conditional Use Permit No. 3400 and permit a commercial retail center (indoor swap meet); and
that Condition No. 21 of said resolution specified that the use was approved for a period of 10 years to
terminate on April 22, 2001; and
WHEREAS, on July 23, 1991, the City Council adopted Resolution No. 91 R-239 to
amend certain conditions of approval contained in Resolution No. 91 R-165; and
WHEREAS, on August 18, 1992, the City Council adopted Resolution No. 92R-182 to
amend certain conditions of approval contained in Resolution Nos. 91 R-165 and 91 R-239; and
WHEREAS, on August 29, 2000, the City Council adopted Resolution No. 2000R-188 to
reinstate Conditional Use Permit No. 3400 for 10 years until August 29, 2010 and to amend certain
conditions of approval, including the following Condition Nos. 16 and 19, which read as follows:
"16. That the existing nonconforming freestanding electronic readerboard sign adjacent to the
- buitding shafFbe removed. Any-Flew sig~tage s#~all be s~bmi4~€d to the-Zoning Division of
the Planning Department for review and approval by the Planning Commission as a
"Reports and Recommendations" item. Once approved, the signage shall be constructed
~r,~ m~~~,taine~ in a~cordance with approved plans.
19. That within a period of twelve (12) months from the date of this resolution (i.e., by August
29, 2001), Condition Nos. 2, 4 and 16, above-mentioned shall be complied with."
WHEREAS, the property is developed with a 133,200 square foot commercial/industrial
building which has been modified for use as an indoor swapmeet with accessory outdoor uses (Anaheim
Indoor Marketplace); that the property is zoned CL (Commercial, Limited); that the property is located
within the Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor
area; and that the Land Use Element of the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the petitioner has requested modification of this conditional use permit to
permit the existing nonconforming freestanding electronic readerboard pole sign (discussed in Condition
Nos. 16 and 19, above mentioned) to remain on the premises until the time limitation for the indoor swap
meet expires on August 29, 2010; and
.^J;-lEREAS, ±he City P!ann~ng Commission did hold a public hearinq at the Civic Center in
the City of Anaheim on August 27, 2001, at 4:30 p.m., notice of said public 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 amendment 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:
CR5176PK.doc -1- PC2001-122
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1. That the proposal to amend this conditional use permit to retain the existing non-operabfe
legal nonconforming freestanding electronic readerboard pole sign (which is required to be removed by
August 29, 2001) is authorized by the Anaheim Municipal Code.
2. That the reason for Condition Nos. 16 and 19, which are requested to be deleted, was to
encourage aesthetic enhancements on the subject property to be consistent with City Council and
Planning Commission's objective for high quality, attractive retail developments citywide.
3. That removal of the 63-foot high freestanding pole sign would eliminate an existing
nonconforming structure and use on the property, and would bring the property into greater conformance
with the city's existing commercial development standards.
4. That the Community Development Department has recommended denial of this request
because the request is inconsistent with ongoing beautification and revitalization efforts in the
Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor area.
5. That the proposed amendment is denied on the basis that approval of the long-term (10-
year) reinstatement request to retain the indoor swap meet operation was based, in part, on the premise
that various site improvements, such as removal of the nonconforming sign, would be completed in a
timely manner; and that approval of this amendment to retain said sign would be inconsistent with that
objective.
6. That no one indicated their presence at the public hearing in opposition to the proposed
am-endrr~ent; and that no correspor~dence was-Feceived +~ oppositia~: _
7. That a petition was submitted in favor of the proposed amendment containing 176
S~~n~#~~~o~ f~~-„ ~~~a~t~ in th~ Anaheim Indoor Marketplace requesting the subject pole sign be permitted
to remain.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny this request to amend Conditional Use Permit No. 3400.
THE FOREGOING RESOLUTION was adopted at the Planr~ing Commission meeting of
August 27, 2001. J
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATf EST:
~
ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 27, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN, EASTMAN
ABSTAINED: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~"d day of
~ , 2001.
~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. CUP2001-04421
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