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Resolution-PC 2001-39• RESOLUTION NO. PC2001-39 i A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4125 FOR ONE (1) YEAR TO EXPIRE APRIL 9, 2002 WHEREAS, on June 21, 1999, the Planning Commission adopted Resolution No. PC99- 118 to grant 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 said resolution includes the following condition of approval: That this permit shall expire finro (2) years from the date of this resolution on June 21, 2001. WHEREAS, this property, which is located in both the City of Anaheim and the City of Orange, is developed with an outdoor swap meet (Orange/Anaheim Swap Meet); and that the portion in Anaheim is zoned ML (Limited Industrial) with a resolution of intent to the Sports Entertainment (SE) Overlay Zone and is designated for Business Office/Mixed Use/Industrial land uses by the Anaheim General Plan; and WHEREAS, due to the property's location in finro cities and both cities having jurisdiction over different portions of the property, appropriate approvals in both cities were necessary for the property to functian as an i~tegrated development; and that City of Orange Conditional Use Permit No. 2290-99 was approved on August 10, 1999 without a time limitation; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which under Condition No. 1 will expire on June 21, 2001, to retain the outdoor swap meet facility. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 2001, at 1:30 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: 1. That no physical aspects of the property or land uses in the immediate vicinity of this property have changed; that no aspect of the business operation has changed from its inception and that all conditions of approval pertaining to this use have been complied with; and that site inspections indicate that the property and front landscaping are being adequately maintained. 2. That this property is located at the entrance to the Anaheim Stadium Area, a prominent "gateway" to Anaheim with a direct view towards the stadium; that a number of significant planning programs and development projects (including the renovated Edison International Field of Anaheim and the Summit Commercial office building currently under construction) continue to positively shape the urban design and land use patterns in the Stadium Area; that in March 1999, the City Council approved the Anaheim Stadium Area Master Land Use Plan, which allows for a mix of office, retail and hotel uses and, similar to the Anaheim Resort, includes a distinct landscape theme along the major streets and (Tracking No. CUP 2000-04339) CR5054PK.doc -1- PC2001-39 • • front setbacks within the Stadium Area; and that these projects, as weil as other projects including Stadium Crossings are intended to revitalize and enhance the image of the Stadium Area. 3. That this use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved, in conformance with Subsection 18.03.093.040 of the Zoning Code. 4. That reinstating this use permit, under the conditions imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it is located. 5. That amending the time limitation is necessary to permit reasonable operation of this business under the use permit as previously granted. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an outdoor swap meet facility (conditioned to expire June 21, 2001) on an 8.48-acre irregularly-shaped property having frontages of 635 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, having a maximum depth of 805 feet, being located 280 feet south of the centerline of Orangewood Avenue, and further described as 2150 South State College Boulevard (Orange/Anaheim Swap Meet); and does hereby find that the Negative Declaration previously approved in connection with this conditional use permit is adequate #o serve as ~Fie-required environmental documentation irr eonneetion with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 4125 for one (1) year to expire on April 9, 2002, to retain an outdoor swap meet facility; AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-118, adopted in connection with Conditional Use Permit No. 4125, to read as follows: That this permit shall expire one (1) year from the date of this resolution, on April 9, 2002. That the applicant shall comply with all conditions imposed on this project by the City of Orange regarding traffic mitigation. 3. That plans shall be submitted to the City of Anaheim Traffic and Transportation Manager for review ai iu cNNi ~Vai SI i~'vvii iy' ~vi iii~i i i i8i i~2 vdiii i ii i2 ~iii i ci ~i v2i $ivi i~ v ~i iyii icci ii iy ~i8i iuai u r"- iai ~ i~iv$. -"r.'x~i and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 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 plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. -2- PC2001-39 • • 5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with Engineering Standard Detail No. 610, as required by the Streets and Sanitation Division. 6. That the property owner or swap meet operator shall pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of this property. 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 signage and no Special Event Permits shall be permitted within the City of Anaheim portion of this property. 8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of this property. 9. That the parking lot serving the premises shall be equipped with fighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting fixtures shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent uses. 10. That trees shall not be unreasonably trimmed in order to increase visibility of the swap meet facility. 19. That no amptifted (i.e., rra loud speakers) music or entertainment shall be permitted on the prem~ses; and that noise fevels 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 storage or other outdoor uses. 14. That the hours of operation and occupation shall be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, on the day after Thanksgiving, and during the week before Christmas; and that customer hours shall end at 4 p.m. and trash clean-up and vendor display/vehicle removal shall be concluded by 6 p.m., as stipulated to by the petitioner. 15. That no loading/unloading activities, what-so-ever, shall be permitted on State College Boulevard or on Orangewood Avenue. 16. That within thirty (30) days from the date of this resolution, the owner of this property shall submit a letter to the Zoning Division requesting termination of the following petitions: n...,.~•a•,...,.i i i,.,, r~,,....,•a ni,. ~nocJ ia.. •a a.......a•,,., i i..a •a4. • i......,•~ ~ vviwitivi~ai vac rciuii~ ivv. -rv.~ ~w Nci~iii~ aii au~vinviivc Sai2S w~ vriu~ BCCc~."iviy ~ci vii.ciicNai~ facilities and two 10 foot high, 150 square foot monument signs, with waiver of required parking lot landscaping, permitted location of freestanding signs, maximum sign width, and minimum sight distance requirements); • Conditional Use Permit No. 3842 (to establish swap meet operations on the City of Anaheim portion of the Orange Drive-In Theater); • Variance No. 4158 (to waive required lot frontage to establish a 2-lot commercial/office subdivision); • Conditional Use Permit No. 3106 (to construct one 18-story commercial office building and parking structure in Anaheim and finro 10-story and finro 18-story buildings in Orange); and -3- PC2001-39 • • ~ Conditional Use Permit No 1144 (to establish a drive-in theater to be used periodically as a swap meet facility with waivers of maximum fence height, building setback, maximum number of freestanding signs, minimum distance befinreen freestanding signs, maximum sign area, and permitted location of freestanding signs). 17. That this use permit is granted subject to City of Orange Conditional Use Permit No. 2290-99 remaining as an entitlement on the 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. Subject Conditional Use Permit No. 4125 shall be contingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290-99. 18. That if any of the conditions of approval of this conditional use permit (such as required trash enclosures) are provided entirely on the portion of this facility located within the City of Orange and that 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 (Conditional Use Permit No. 4125). Said approved plans will satisfy the applicable conditions in this use permit. 19. 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 20. That the business operator shall pay for a fee for each individual vendor located within the City of Rnahe~m an a monthly bas~s as determined bp the Business License Division of the Anaheim Finance Department. 21. 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 of vendors below that shown on the approved site plan (Exhibit No. 1). 22. 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. 23. 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. 24. That the use of overhead power lines shall be prohibited. 25. That approval of this application constitutes approval of the proposed request only to the e~ent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Cc~.l~r.nl y I~i''.nc~ A~~rn.i~l rln~,nv nn+ innli~rlg n~n~ ^d~iivii vi ~iit~iiiiy.~i "G.~i i~ ~.viii~ii~iiivC vi GNNivvc+i 1 G4GIQ1 IG 41Q~IVIIJ. /"~ IVY 1~AV 11V1 111VIMM 11 of the request regarding any other applicable ordinance, regulation or requirement. -4- PC2001-39 ~ ~ April 9, 2001. THE FOREGOING RESOLUTION was adopted~t tl~e Pi~ning Commission meeting of EIM CITY PLANNING COMMISSION ATTEST: ~ sl~o . ~.J SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 April 9, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: BOSTVI/ICK ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of 1^cl , 2001. m s1~.e,~_ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-39