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PC 80-120~ RESOLUTION M0. PC30-12Q A RESOLUTION OF THE APdAHEIM CITY PLANNINf, COMMISSION THAT PETITIO~! FOR CONDITIONAL USE PERMIT PlO. 2098 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verifted Petition for Conditional Use Permit from CALIFORNIA DRIVE-ItJ THEATRES~ INC., 120 NortF Robertson Boulevard, Los Angeles, California 900A8, owner, and BRUCE OGILVIE, 6242 Barbados Street, Cypress, California 90~3~~ agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTfON OF SECTION 3, TOWD7SHIP 4 SOUTH. RANGE 10 WEST~ IN THE RANCNO SAN JUAN CAJON DE SANTA ANA, CITY OF At~IAHEIM, COUNTY OF ORANGE, STATE OF CALIfORNIA, AS PER MAP RECORDED !N BOOK 51 PAGE 10 OF MISCELlANE0U5 MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINDJING AT A SPIKE ON THE CENTER LIPIE OF LE^tuN STREET, t~ORTH 0° 23~ 00" WEST 509•55 FEET FROM THE SOUTHWES'(ERLY CORNER OF TNE LAtJD DESCRIBED IN THE DEED TO HENRY G. MEISER~ RECORDE) APRIL 13. 1926 IP! B001C 636 PAGE 354 OF DEEDS, SAID SPIKE BEING THE NORTNWESTERLY CORNER OF PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 14 PAGE 1 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THEPlCE NORTH 89° 37' 00" EAST 42.90 FEET ALONG THE NORTHERLY LIMF OF SAID PARCEL 2; THENCE SOUTN 2° 55' 41" EAST 114.96 FEET TO A POiNT EASTERLY 48.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE; THENCE SOUTH y~ 5]~ 26~' EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE; THE:NCE SOUTH 35° 55' 16" EAST 43.01 FEET TO A POINTEASTERLY 83.00 FEET~ MEASURED AT kIGH7 ANGLES rRO~•i SA1D CEt2TER LtPlE: THEPlCE NORTH ~Q° 37~ ~~~~ EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID CENTER LINE: THENCE SOUTH 0° 23' 00" EAST 136.00 FEET PARALLEL WITIi SAlD CENTER LINE; THENCE SOUTH 28° 18' 48" EAST 111.85 FEET TO THE SOUTNERLY LINE OF SAID LAND OF MEISER DESCRIBED Itv THE DEED TO BETDI~lE PROPERTIES INCORPORATED, RECORDED AUGUST 2, 1g63 ~tJ sooK 6659 PAGE 338 OF OFFICIAL RECORDS, SOl'TH 80° 13' S9" EAST 381.56 FEET, SOUTH 83° 20' 03" EAST 263.53 FEET, SOUTH 84° 35~ 12" EAST 96.26 FEET AND NORTH 0° 24'Sb" EAST 109.G2 FEET TO THE CENTER OF SAID SECTION; THEtICE NORTH 0° 25' 30" WEST 9~2•94 FEET ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE NORTHEAST COR~JER OF SAID LAND. SAID NORTHEASi CORNER BEING SOUTH 0° 25~ 3~" EAST 905.n0 FEET FROM A LEAD AND TACK IN THE PAVEMENT ON THE CENTER LINE OF ORANGETHORPE AVENUE, AND ON A STRAIGHT LiNE BETWEEN SAID LEAD AND TACK AND A 3 INCH IRON PIPE WHICli MARKS THE SOUTHEASTERLY CORNER OF SAlD LAND OF MEISER; THENCE ALONG 'fHE NORTHERLY LINE OF SAID LAND OF MEISER SOU'iH 89° 42' 40" WEST 962.66 FEE7. SOUTH 0° 25~ 30" EAST $.00 FEET APlD SOUTH 89° 42' 40" WEST 366.90 FEET TO THE NORTHWESTERLY COR.NER OF SAID LAND OF MEISER, SAID NORTHWESTERLY CORNER 6EING SOUTH 0° 23' 00" EAST 913.00 FEET FROM A BOLT ON SAID CENTER LINE OF ORANGETHORPE AVENUE, WHICH MARKS THE NORTHEAST CORMER OF 7HE EAST HALF OF TNE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23' 00" EAST ~E07.53 FEET TO THE POiNT OF BEGINNING. EY.CEPT THAT PC8Q-120 PORTION TfiEREOF LYING SOUTHERLY AP1D WESTERI.Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT NORTIi 0° 23' 00" WEST 50y.55 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24~ 00" EAST 65.16 FEET TO THE TRUE POINT OF BEGINNINC; THENCE ALONG THE NORTHERLY AND EASTERLY IINES OF THE LAND DESCRIBED tN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 22, 1957 IN BOOK 398~ PAGE 1$1 OF OFFICIAL RECORDS, SOUTH 89° 36' 00" EAST 50.00 FEET, SOUTH 2 08' 42" EAST 180.18 FEET AKD SOUTH 8° 28' S0" EAST 161.94 FEET TO THE MOST SOUTHERLY COP,NER OF SAIQ LAND OF TfiE STATE. WHEREAS~ the City Planntng Commission dtd hold a public hearTng at the Clty Hall in the City of Anaheim on July 28, 1980, at 2:30 p.m., notice of said publfr. heartng having been duly given as required by law and ir accordance wiLh the provisions of the Anaheim Municipal Code, Chapter 18.03, t~ hear and consider evidence for and agatnst said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Co~mission, after due inspection, (nvestigatlon and study made by itself and in its behalf, and after due constderation of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use fs properly one for whlch a conditional use permit is authorized by Anaheim Municipal Code Section 18.~1,050,020 to wit: to permit swap meets at an extsting drive-in theater in the ML (Industrial, Limtted) Zone. 2. '~hat the proposed use is hereby granted oniy for those certatn days (maximum of eleven yearly) on which the Los Angeles Rams play home football games at the Anahetm Stadium, and on which dates petitioner is provtding parking for stadium customers at the Orange Drive-In Theater in the Cities of Anaheim and Orange. During 1980, the spectfic dates are: September 7 and 21. Octaher• 5, November 2, 4 and 30, and Gecember 2i, as Identifled by the petitioner. 3. That the proposed use is hereby granted for a period of one year, subject to review at the end of that time for possihle time extensions, to determine whether or not the use has had any detrimental effects on the surrounding properttes and also to specify the exact dates of the swap meets for the following year, based on the Los Angeles Rams footba)1 schedule at Hnahetm Stadium, If the use has not had a detrfinentai impact on the area or on the peace, health, safety, and general welfare of the Citizens of the City of Anaheim, and if the petitioner submits the swap meet schedule, the Planning Commission may extend the use for additior.al perlods of time (in yearly increments). 4, That the proposed use is hereby granted subject to the petitioner's stipulation that a parking agreement~ accep;able to the City Attorney~s Ofrtce, shall be submttted to the Planning Department to provide an addittonal 800 parking spaces (for swap meet participa~ts) on the adjacent property ta the east of subject property (Northrop Corporation). 5. That the proposed use, as granted, will not adversely affect the adjointng iand uses and the growth and development of the area in which it is proposed to be located. "2' PC80-120 6. That the size and shape of the site proposed for the use, as granted, ts adequate to allow thP full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, a~d general welfare of the Citizens of the City of Anaheim. 7. That the granttng of the Conditional Use Permit under the conditions imposed will not be detrimental to the peace~ health, safety and general welfare of the Citizens of the City of Anaheim. 8. That the traffic generated by the proposed use, as granted, will not impose an undue burdei~ upon the streets and highaiays designed and improved to carry the traffic in the area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRON!1ENTAL IMPACT FINDING: That the Anaheim Ctty Pianning Commission has reviewed the proposal to permit swap meets at an existing drive-in theater in the ML (Industrial~ Limited) Zone on an irre9ularly-shaped parcel of land consisting of aprpoximately 23 acres located at the southeast corner or Durst St~eet and Lemort Street, having a frontage of approximately 1285 feet on the south side of Durst Street and a frontage of approxtmately 670 feet on the east side of Lemon Street; and does hereby approve the Negative Declaration from the requirement to prepare an envtronmental impact report on the basis that there would be no significant indivtdual or cumulative adverse environment~l impact due to the approval of this Negative Declaratton since the Anaheim General Plan designates the subject property for general industriat land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the oroposal; that the Initial Study submitted by the petittoner indicates no significant individual or cumulative adverse environmental impacts; a~~d tha[ the 1legative Deciaration substantiating the foregoing findings is on file tn the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditfonal Use Permit, upor. the following conditions which are hereby found to be a necessary prerequisite ta the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: i. That sidewalks shall be installed along Lemon Street as requlred by the City Engineer and in accordance with standard plans and spectficatlons on file in the Office of the City Engtneer. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of 9naheim marked Exhibit No. 1. 3. That all proposed parking areas shall be maintat~ed in a manner so as to reduce dust and/or trash accumutation on subject property. 4. That prior to the commencement of each year's football season, the petltione: shali submit, in writing~ to the Planning Commission, the comfng season's schedule of swap meets (eleven (11} days maximum). Swap mee[s may be held only on the days during which the Los Angeles Rams play home football games at Anahetm -3- PC8o-i2o Stadium and on which same days parking for stadium customers is being provided at the Orange Dr(ve-in Theater. Said yearly list shall also be subnitted to all concerned City staff including~ but not necessarily limtted to: Bus ness Licensing Division, Detective Division of the Police Department, and Zonina Divi~;ion. 5. That the swap meets shall be conducted ~n accordance with all applicable City regulations and procedures, including but not limited to business regulattons and public health and safety. 6. That petitioner shail submit a parking agreement with the adjacent property owner (Northrop Corporation); said agreement shall make 800 parking spaces available to swap meet customers during the swap meets; and, also sald agreement shall be acceptable to the City Attorney. 7. That the use, as granted, is permitted for a p~riod of one (1) year at the end of which time the petitioner may submit yearly wr(tten requests to the Planning Comnission for additional periods of time. The Cormnissian, upon receipt of said request, will revTew the proposed folloo-ring season's swap meet schedule and will aiso determine whether the use has had a detrimental effect on the surrounding area or on the peace, health, safety and general welfare of the Ci~izens of the City of Anaheim, before granting any time extensions. If it is determined that the use has had any detrimental effect, Commission may deny time extensions. BE IT FURTHER RESOLVED that the Anahetm City Pianning Commisslon does hereby find and determine that adoption of this Resolution is exp~essly predicated upon applicant's compliance with each and all of the conditions herPinabove set forth. Should any such condition~ or any part thereof, be declared invalid or unenforceable by the final judyment of any court of competent jur(sdtction, then thls Resolution, and any approvals herein contained, shall be deemed null and void. 19RO. THE FOREGOING RESOLUTION is signed and approved by me this 28th day of J~ly~ ~C°.ati~r-c~ ~ .~J u~a-. CHAIRWOMAN, ANAHEIM CITY PLANNING C6MMISSION ATTEST: (O.Q~ ~ ~YLI/(i~. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC80-120 STATE OF CALIFORtaIA ) COUNTY OF ORANGE ) ss. CtTY OF Ap1AHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planninu Commtssion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 28, 1980, by the following vote of the members thereof: AYES: COMMISSIOPlERS: BARNES, BOUAS, FRY, HERBST, KING, T~I.AR NOES: COMMISSIO~dERS: BUSHORE ABSENT: COMMISSIONERS: NONE Ih WiTtdE55 WFIEREOF, I have hereunto set my hand this 28th day of July, 1980. ~~ ~°_ ~~~.~ SECRETARY, ANAHEIM C17Y PLAt~N~Hr COMMISSION -s- Pcao-iza