Resolution-PC 2006-46~ ~
RESOLUTION NO. PC2006-46
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. 2000R-188, ADOPTED IN CONNEGTION WITH
CONDITIONAL USE PERMIT N0: 3400
(1440 SOUTH ANAHEIM BOULEVARD) :
WHEREAS, the Anaheim Planning Commission did receive aVerified P,etition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER :
OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, '
PAGE 10 OF MISCELLANEOUS MAPS, IN ' THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS'FOLLOWS:
: BEGINNING AT THE' INTERSECTlON OF THE NORTHEASTERLY RIGHT OF WAY
LINE DF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED '
JULY 10, 1914 W BOOK 258, PAGE 66 OF DEEDS, WITH THE NORTHERLY RIGHT
OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING
ON A CURVE IN SAID NORTHEASTERLY RIGHT OF'`WAY LINE CONC~4VE
. SOUTHWESTERLY HAVING A RADIUS OF 63Q,00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 82° 54' 41" EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGCE OF 4° 37' 14", A DISTANCE OF 50.81 FEET;
THENCE NORTH 6° 55' 00" WEST ALONG THE EASTERLY LINE OF LAND
DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13,
1929 IN BOOK 257, PAGE 462 OF OFFICIA~ RECORDS, TO THE SOUTHWEST
CORNER OF TRACT 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107,
PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CAUFORNIA; THENCE NORTH 89° 56' 31" EAST 1161.91 FEET ALONG
THE SOUTHERLY LINE OF SAID TRACT NO. 3313, TO THE WESTERLY LINE OF
THE SOUTHERN PACIFIC RAILROAD RtGHT OF WAY, AS DESCRIBED IN A DEED
RECORDED AUGUST 18, 1899 IN BOOK 44, PAGE 226 OF DEEDS; THENCE SOUTH
15° 25' 43" EAST 78.85 FEET ALONG SAID WESTERLY LINE OF THE EASTERLY
LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 23; THENCE WEST ALONG SAID SOUTHERLY LINE TO THE
NORTHEASTERLY RIGHT OF WAY L{NE OF SAID 60.00 FOOT STATE HIGHWAY;
THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THE EAST 144.51 FEET OF SAID LAND.
ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 "CENTER
LINE OF CERRITOS STREET' AND DISTANT NORTH 220.00 FEET, MEASURED AT
RIGHT ANGLES FROM SAID SOUTHERLY LINE, AND THE EASTERLY LINE OF THE
LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL
13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS "EASTERLY LINE OF LOS
ANGELES STREET ; THENCE SOUTH 6° 55' 00" EAST ALONG SAID EASTERLY
LINE, A DISTANCE OF 150.99 FEET TO A POINT OF A CURVE CONCAVE
SOUTHWESTERLY, HAVING A,RADIUS OF 630.00 FEET,' SAID POINT BEING IN THE
NORTHEASTERLY RIGHT'OF WAY LINE OF A 60.00 FOOT, 8TATE HIGHWAY, AS
DESCRIBED IN A DEED RECORDED JULY 10, 1914'IN BOOK 258, PAGE 66 OF
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DEEDS, A RADIAL LINE THROUGH SAID POINT'BEARS NORTH 78° 1T 27" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°
26' 29" AND AN ARC DISTANCE OF 70.92 fEET TO A POINT IN THE SOUTHERLY
LINE, A DISTANCE OF 221.36 FEET; THENCE NORTH AND AT RIGHT ANGLES TO
SAID SOUTHERLY LINE, A DISTANCE OF 220.00 fEET;; THENCE WEST AND
PARALLEL WITH SAID SOUTHERLY LINE, A DISTANCE OF 250.00 FEET 70 THE
POINT OFBEGINNING. ,
WHEREAS, ON June'4, 1991, the City Council adopted Resolution Na 91R-165 to approve
Conditional Use Permit No. 3400 to permit a commercial retail centerlindoor swap meet for ten years, to
expire on Apri122, 2001, on property located at 1440 South'Anaheim Boulevard; and
WHEREAS, on August 29, 2000, the City Council adopted Resolution Na2000R-188
reinstating and approving Conditional Use Permit No. 3400 for an additional period of ten (10) years, to
expire on August 29, 2010; and
' WHEREAS the applicant has requested to amend said conditional use permit and conditions
associated therewith to delete a condition of approval pertaining to time limitation for the previously-approved
indoor swap meet; and ' :
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 31, 2006, at 2:30 p.m., notice of said publichearing having been duly given as
required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
_ hear and consider evidence for and against said proposed conditional use permit 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 request to delete a condition of approval pertaining to time limitation for the
previously-approved indoor swap meet is properly one for which a conditional use permit is authorized under
the authority of Code Sections 18.60.190.030.
2. That the deletion of the time limitation will not adversely affect the adjoining land uses or
the growth and development of the area because the swap meet has been operated in a manner such that it
has not negatively affected surrounding properties.
3. That the granting of the conditional use permit and modifications under the conditions
imposed, will not be detrimental to the healfh and safety of the citizens of the City of Anaheim since this
permit has been exercised in substantially the same manner and in conformance with all the conditions and
stipulations originally approved in 1991.
4. That absence of current code violations and the prompt resolution of previous violations
indicate that this use is being exercised in a manner which is not detrimental to the surrounding land uses,
nor to the public peace, health and safety.
5. 7hat the traffic generated by the modified use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because code required parking is
provided on-site and there are no land use modifications requested.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT'FINDING: That the Anaheim Flanning
Commission has reviewed the proposal to delete a condition of approval pertaining to time limitation for a
previously-approved indoor swap meet and does hereby find that the Mitigated Negative`Declaration
previously approved in connection with Conditional Use Permit No. 3400 is`adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independentjudgment ofthe lead agency and that it has considered the MitigatedNegative '
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 su6stantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit Na 3400, and
incorporating the conditions of approval contained in Resolution No. 2000R-188 into a new resolution with
following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
, subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
**Bold indicates new or modified conditions
1. , That the parking lot shall be maintained and repaired when necessary to prevent potholes, cracks, and
uneven surfaces.
2. That trash storage areas shall be provided and maintained in a location acceptable to,the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted
on maximum 3-foot centers or tall shrubbery.
3. That the applicant shall be responsible for maintaining the premises free of litter at all times.
4. That the proposal shall comply with aU signing requirements of the C-G (General Commercial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission.
5. That the property shall be maintained in accordance with the current version of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations.
6. That there shall be no public telephones on the property that are focated outside the building.
7. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained.
Roof balloons shall not be permitted at any time.
8. That no vending machines shall be visible from any public right-of-way.
9. That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or aboufthe
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses.
10. That the tenant spaces in the subject indoor swap meet shall be leased for periods of no less than one (1)
year each.
11. That there shall be no outdoor sales, display, or product demonstrations.
12. That this swap meet shall be considered one business for purposes of Special Event Permits.
13. That any tree planted on=site shall be replaced in a timely manner in the event that it is removed,
' damaged, diseased and/or dies.
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14. That theproperty shall be permanently maintained in an orderly fashion by providing regular landscape
' maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
15. 7hat subject property shaN be 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 Na 1. ,
16. That at minimum, the previously required landscaping sha11 be maintained on the property as identified
below:
•_ Sixty (60) Juniper trees along the north fenceiine of the property to create a green shield that
will obscure the view of the back of the industrial properties adjacent to the Marketplace; and
. The addition of ten,(10) trees interspersed #hrough out the parking lot'area adjacen4 to .
Anaheim Boulevard; and
. The refurbishing and replanting of ground cover along Anaheim Boulevard with plans that are
less subject to being trampled down by pedestrians.
17. That within a period of ninety (90) days from'the date of this resolution, the two public payphones at
the primary entrance of the building shall be removed.
18. That within a period of nine (9) months from the date of this resolution, the parking lot shall be
repaired and re-striped in accordance with City Standards and specifications. Plans pertaining to
the repair and re-striping shall be submitted to the Planning Services Division for review and
approval prior to commencement of work. Any decision by the Planning ServicesDivision may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
19. fhat the Community Preservation Division shall conduct inspections on an annual basis, to ensure
the property is properly maintained and operated in a manner consistent with this permit. All costs
associated with these inspections shall be paid for by the applicant/property owner. :
20. That within a period of nine (9) months from the date of this reso{ution (May 31, 2006), the parking
lot and perimeter landscaping shall be refurbished with the addition of turf, shrubs, ground cover,
trees, and irrigation systems, as deemed necessary by the Planning Services Division. Plans
pertaining to the refurbishment of the landscaping shall be submitted. to the Planning Services
Division for review and approval prior to commencement of work. Any decision by the Pfanning
Services Division may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
21. 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part`thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopfed at the Planning Commission meeting of
May 31, 2006. Said resolution is subject to the appeal provisions set forth ' apter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to' pp I oced s ay be replaced
by a City Council Resolution in the event of an appeaL °
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HAIRMAN, ANAHEIM ANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 31, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this <~ 7~ day of
, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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