Resolution-PC 2003-48• ~
RESOLUTION NO. PC2003-48
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4125, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-118,
AS AMENDED BY RESOLUTION NOS. PC2001-39 AND 2002R-97,
ADOPTED THEREWITH
WHEREAS, on June 21, 1999, the Anaheim City Planning Commission did, by its
Resolution No. PC99-118, 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 Condition
No. 1 of said resolution specified that the use permit would expire on June 21, 1999; and
WHEREAS, on April 9, 2001, the Planning Commission did, by its Resolution No. PC2001-
39 reinstate and approve Conditional Use Permit No. 4125, including amending Condition No. 1 to specify
that the use permit would expire on April 9, 2002; and
WHEREAS, on May 7, 2002, the Anaheim City Council did, by its Resolution No. 2002R-97
approve reinstatement of this use permit, including amending Condition No. 1 to allow the use for an
additional year to expire on June 21, 2003; and
WHEREAS, this property is developed with an outdoor swap meet (which is located in both
the City of Anaheim and the City of Orange); that the zoning is ML (Limited Industrial) with a resolution of
in#ent to the Sports Entertainmen.t (S~) Qverlay Zone; and that the Anaheim General Plan designates
this property for Business Office/Mixed Use/Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain an outdoor swap meet facility pursuant to Code Section 18.03.093 of the Anaheim Municipal Code;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 24, 2003, 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, as proposed to be reinstated, is properly one for which a
conditional use permit is authorized by the Zoning Code.
2. That the proposal, as proposed to be reinstated, 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, as proposed to be reinstated, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
Tracking No. CUP2003-4668
cr\PC2003-048 -1- PC2003-48
~ •
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 Ciry 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 and
City Council; and that the facility is in compliance with all applicable conditions of approval, as
determined by a staff inspection of the premises.
7. That this conditional use 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, as
evidence by the absence of Code Enforcement complaints regarding the property.
8. That there have been no changes to the applicable zoning standards that would
invalidate the findings that were the basis for the original approval of this use permit.
9. That no one indicated their presence at the public hearing in opposition to the request;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate and approve an outdoor swap meet with
waiver of required parking lot landscaping on an irregularly-shaped property consisting of 8.48-acres
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 the centerline of Orangewood Avenue, having a
maximum depth of 805 feet, and further described as 2150 South State College Boulevard
(Ora~g~/A~a~i~i~ Swap-Meet); and-does-hereby find #hat the Nega.tive Declara.tion previously approved
in connection with Conditional Use Permit No. 4125 is adequate to serve as the required environmental
documentation in connection 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 amend Resolution No. PC99-118, as amended by Resolution Nos. PC2001-39 and 2002R-97 and
adopted in connection with Conditional Use Permit No. 4125, to reinstate and approve this conditional
use permit; and that the conditions of approval therein of be amended 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, March 21, 2006.
2. That the applicant shall continuously comply with all conditions imposed on this project by the City of
Orange regarding traffic mitigation.
3. That the property shall be maintained in conformance with plans approved by the City Traffic and
Transportation Manager pertaining to Engineering Standard Plan Nos. 436 and 602 regarding
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.
-2- PC2003-48
• ~
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 swap meet operator shall pay an annual fee for Police Department
detectives to monitor the activities of the sellers and patrons within the Ciry 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 swap meet site.
8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim
portion of this 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 facility.
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 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/unloading whatsoever shall be permitted on Orangewood Avenue or State College
Boulevard.
16. That this use permit is reinstated and approved subject to City of Orange Conditional Use Permit No.
2290-99 remaining as an entitlement on the portion of this site located in the City of Orange; and
that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action
by the Anaheim Planning Commission or Ciry 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 Ciry of Orange Conditional Use Permit No. 2290-
99.
17. 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. Said approved plans will satisfy the applicable conditions 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 Ciry of Orange and the City of Anaheim.
-3- PC2003-48
~ ~
19. That the business operator shall pay a fee for each individual vendor focated within the City of
Anaheim on a monthly basis as determined by the City of Anaheim Business License Division of the
Finance Department.
20. That the vendor sales area shall be 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 which is 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 24, 2003.
CHAI PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~i i~it,~~
NIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 24, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this 3r ~1 day of
PY D r i ~ . 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-48