Resolution-PC 2002-41~ r
RESOLUTION NO. PC2002-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4125,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL
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 will 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
for approximately 14 months, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
#hat the peti#ioner 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, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 11, 2002, 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 the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
Tracking No. CUP2002-04515
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7. That this conditional use permit is being exercised in a manner not detrimenta! 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.
11. 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 Cornmission has reviewed the proposal to reinstate this conditional use permit by the
modification of a condition of approval pertaining to a time limitation to retain an outdoor swap meet
facility on property consisting of 8.48 acres located southeast of the intersection of Orangewood Avenue
and State College Boulevard, having frontages of 635 feet on the east side of State College Boulevard
and 50 feet on the south side of Orangewood Avenue, being located 280 feet south 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 Conditional
Use Permit No. 4125 is adequate to serve as the required environmental documentation in connection
wi~h this request upon finding that #he 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 amend Resolution No. PC99-118, adopted in connection with Conditional Use Permit No. 4125
and as amended, to reinstate and approve this Conditional Use Permit, and to amend the conditions of
approval in their entirety to read as follows:
That this conditional use permit shall expire on April 9, 2004.
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 tocations.
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 pay an annuat 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.
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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 ~he ho~~s of operation shall b~ limited#o 6 a.m. to 6 p.m.. on Saturdays and Sunda_ys, 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
petifioner.
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 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.
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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 was adopted at the Planning Commission meeting of
March 11, 2002.
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CHAIRPE N, ANAHEIM CI LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~J~~~ day of
~RlG~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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