Resolution-PC 96-61Y
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RE L I N NO PC9~~1.
A RESOLU710N OF THE ANAHEIM CITY PLANNING GOMMISSION
THAT PETITlON FOR CONDI710NAL U5E PERMIT M0. 3842 BEING GRAN7ED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petitlon for
Conditional Use Permit for certain real proper'ty sftuated in the City of Anaheim, County of Orange, State of
Califomia, described as,:
PARCEL A: THAT PORTION OF LOT 13 OF THE LOCK1iP:RT TRACT, IN THt CITY
OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
OFF CE OFTHE COUNTY RECORDE OF LIOS ANG NLES COUN"!'Y, CALIFORN~P~,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TRAC~1~ OF
UWp CpNVEYED BY HARRY J. BRAINERD TO WIWAM F. GADE BY DEED
RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES
COUNTY; THENCE SOl1THWESTERLY ALONG THE NORTHWESTERLY IJNE OF
SAiD LAND OF GADE TO THE CENTER IJNE OF THE STATE HIGHWAY; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF
INTERSECTION THEREOF WITH THE CENTER UNE OF THE COUNTY ROAD
COMMONLY KNOWN AS PLACEMIA AVENUE, AN EASEMENT FOR SAID ROAD
1V922 W BOOKE444, AGE~3N95 OF DEEDS OF SAID ORANG COUNTYET,HENCE
NORTH 0 DEG. 09' 30' WEST ALONG THE C~NTFR LlNE OF SAID CAUNTY
ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TR61Cf;
THENCE NORTHEASTERLY ALONG SAID LJNE TO THE NORTHERLY UNE OF
SAID LOCKHART TRACT; THENCE EASTERLY ALONG SA~D UNE TO THE
NORTHWESTERLY COFNER OF THE IAND CONVEYED TO PHILIP LAUX AND
ADELE H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369,
PAGE 104 OF DEEDS; 71iENCE SOUTH 16 DEG. 56' 00' WEST 634.90 FEET TO
THE POINT OF BEGINNING.
IXGEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING
DESCRIBED UNE:
BEGINNING AT A POINT ON THE CENTER L1NE OF SAID COUNTY HOAD,
DISTANT THEREON NORTH 0 DEG. 10' 30' WEST 159.66 FEET FROM ITS
INTERSECTSON WITH TFiE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY
(60 FEE7 WID~, DESCRIBED IN TFiE DEED TO THE STATE OF CAUFO~iNIA,
RECORpED OCTOBER 25, 1954 IN BOOK 2851, PAGE 256 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 60 DEG. 43' OU' EAST
;344.21 FEET TO A POINT ON THE NORTHWESTERLY UNE OF SAID LAND OF
GADE NORTHEASTERLY 221.65 FEET, MEASUREQ ALONG SAID
THER OFE FROh1 SA D C~NTER UNE OF HE CALJ ORtdIA STA ELHIG WTAYN
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ALSO EXCEPT THE ~NTEREST CONVEYED TO THE CI'~ Y OF ORANGE, FOR USE
AS A PUBLIC STREET AND FOR USE OF PUBLJC UTIUTIES, BY DEED
RECORJE~ NO`lEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFlCIAL
RECOfiDS, IN THAT PQRTION DESCRIBEU AS FOLLOWS:
BEGINNING AT A POINT BEING THE INTERSECTION OF THE CEM'ER LINES OF
LOS R.NGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEV~4RD
(FOiiMERLY PLACENTiA AVENUE) (60 FEET WID~; THEN(:E NORTH 0 OFG. 09'
30" EAST ALONr, THE CENTER LINE OF SAID STATE COLLEGE BOULEVAR~
32.Gs FEET TO AN ANGLE POINT; THENCE SOUTH 89 DEG. 50' 30' EAST 30
FEET AS MEASURF_D AT RIGHT ANGLES TO THE GASTERLY UNE OF STRTE
COLLEGE EOULEVARD TO THE TRUE POINT OF BEGINNING; THE~ICE SOUTH
0 DEG. 09' 30' WEST 15 FEET TA AN P.NGLE WOINT, SAID FOINT BEINC THE
INTERSECTION OF TNE EAST LINE OF SAID STATE COLLEGE BOULEVARD
WiTH THE iVORTHEASTERLY LINE OF SAID LOS ANGELES STRFET; THENCE
SOUTH 60 DEG. 43' 00' EAST 15 FEET ALONG SAID NORTHEASTERLY UNE OF
LOS ANGELES STREET TO AN ANGLF POINT; THENCE NORTH 30 DEG.16' 45"
WEST 25.87 FEET TO TFlE TRUE POINT ~F LiEGINNING.
A!_SO EXC:~PTING THEREFROM THAT PORTII~N OF SAID IAND AS DEDICATED
TO THE CITY OF ORANCE 8Y DEDICATION BEING RECORDED MAY 7, 1970 IN
BOOK 9284, PAGE fi2 OF OFFICIAL RECORDS, BF~NG DESCRIBED AS:
THAT PORTION OF LOT 13 THE LOCKHART TF~: ,~~. PER MAP RECORDED IN
BQOK 4, PAGE 512 OF MISCELLANEOUS RECORDS, LOS ANGEl.ES COUNTY,
CAUFOFiNIA, AND LOTS 1 AND 2 OF TRACT NO. 71, AS PER PAAP RECORDED
IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS OF ORAMGE COUNTY,
CAUFORNIa, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF ~HE ROAD ESTABUSHED
BY DEED TO THE COUNTY OF ORANGE RECORDEfl DECEMBER 6, 1922 IN
BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY, DISTANT NORTH
0 DEG. 43' 42' WEST, 159.66 FEET FROM ISS INTERSECTION WITH TiiE
CENTERIJNE OF THE CAUFORNIA STATE HIGHWAY (60 FEET WIDE) AS
DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 59 OF
SAID DEEDS; THENCE SOUTH 59 DEG. 48' 48' EAST A DISTANCE OF 34.45
FEET TO THE POINT OF IN7ERSECTION OF THE NGRTHEASTERLY LJNE OF -
STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREE~, WITH THE
EAST UNE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS
PLACENTIA AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE, CONTINUING SOUTH 59 DEG. 48' 48" EAST A
DISTANCE OF 309.76 FEET, MORE OF LESS. TO THE NORTHWESTERLY IJNE
OF THE 5.25 ACRE TFtACT OF LAND CONVEYED TO HARRY JAMES BAINARD,
ET UX, TO WIWAM F. GADE BY QEED RECORDED IN BOOK 527, PAGE 276 OF
DEEDS 1~F SAID LOS ANGEiES COUNTY; THENCE NORTH 50 DEG. 03' 2P
EAST ALONG SAID NORTHWESTERLY LINE OF THE LAND TO WIIlIAM F. GADE
A DISTANCE OF 25.52 FEET; THENCE, PARALLEL AND 24 FEET
NORTHEASTERLY TO THE EXISTING RIGHT-0F•WAY UNE OF STATE COLIFGE
BOULEVARD (FORMERLY LOS ANGELES STRE~, NORTH 59 DEG. 48' '18'
~'~', WEST A DISTANCE QF 118.59 FEET TO THE BEGINNING OF ATANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 342 FEET; THENCE
WESTERLY AND NORTHERLY ALONG SAID 342 FOOD RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 60 DEG. 32' 30' AN ARC DISTANCE OF 361.38
FEEt; THENCE PARALLEL AND 42 FEF EASTERLY OF THE CENTERLINE OF
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STATE COLLEGE BOULE`/ARD (FORMERLY PLACENTIA AVENUE) A DISTANCE
OF 546.48 FEET; THENCE NORTH 3 DEG. 15' 01' EAST A DISTANCE OF 250
FEET, MORE OR LESS, TO A POINT ON THE EXISTING BOUNOARY OF THE CITY
OF ORANGE AS ESTABLJSHED ~Y ANNEXATION NO. 79, ORDINANCE NO. 663,
SAID BOUNDARY UNE 205.43 FEET NORTHERLY OF THE WESTERLY
PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89 DEG. 16' 18'
WEST ALONG 7HE EXISTiN.9 CiTY OF ORANGE BOUNDARY A DISTANCE OF 2~
FEEf; THENCF PARAU-EL AND 30 FEET EASTERLY OF THE CENTERtJNE OF
STATE COLLEGE BOULEVARD (FORAfiERLY KNO`NN AS PLACENTIA AVENUE)
SOUTH 0 DEG 43' 42' WEST A DISTANCE OF 1C16.65 FEEi TO THE TRUE POINT
OF BEGINNING.
PARCEL B: THAT PCRTION OF LOT 2 IN TRACT NO. 71, AS PER MAi'
RECORDED IP! BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, It~ THE OFFICE
OF THE COUNTY REC~RDER OF ORANGE COUNTY, CALIFORNIA, LYING
WEST~RLY OF THE FOLLOWING DESCRIBED JNE:
BEGINNiNG AT A POINT ON THE NOFiTH LSNE OF SAID LOT, WEST 1025.53
FEET FORM THE NORTHEAST CORNER THEREOF; TH~NCE SOUTHERLY ON
A DIRECT LJNE TO A POINT ON THE SOUTH UNE OF SIUD LQT, WESTERLY 747
FEET FROM THE SOUTHEAST CORN~H THEREOF.
IXCEPT THE ~lORTH 567.04 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTiON DESCRIBED IN DEED TO THE
CITY OF OFi~+NGE RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF SAID
OFFICIAL RECORDS.
RLSO EXC~PT THEREFROM THAT PORTION OF SAID LOT LYING WESTERL'Y 0~
THE CENTERIJNE OF PI.ACENTIA AVENUE (NOW STATE C~LLEGE
BOULEVARD) AS SHOWN ON T'AACT N0. 964, FILED !N BOOK 31, PAGES 46
AND 47 OF MI:CELLAt~EOUS MAPS, IN THE O~FICE OF THE COUNTY
R~CORDER OF ORANGE C4UNTY, CAUFORNIA
PAF?CEL C: THAT PORTI~JN OF LOT 1 OF TRACT 71, AS PER MAP RtCORD~D
I(d BOOK 10, PAGE 22 UF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY Fi~CARDER ~F ORANGE COUMY, CALIFQRNIA, LYING EASTERLY OF
THE FOLLO~~/ING DESCRIBED LJNE:
BEGINNING AT THE PUINT OF INTERSECTION OF THE NORTH LINE flF SAIn
LOT 1 WITH 71iE CENTERUNE OF PLACEPtTIA AVENUE; THENCE SOUTH 0 DEG.
09' 30' EAST 179.99 FEE7 TO THE EASTERLY LJNE OF SAID LOT 1.
ALSO IXCE~TING THEREFROM THAT PORTION D~SCRIBED IN DEED TO THE
CITY OF ORANGE RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF SAID
QFFICIAL RECORDS.
PARCEI, ~: THE WESTERLY 50 FEET OF THAT PORTION OF LOT 2 OF TRACT
NO. 71„ AS PER MAP RECORDED IfJ BOOK 10, PAGE 22 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE ~.OUNTY RECORDER OF OFlAAPIIGE COUNTY,
CAiJF~ORNIA, LYING EASTERLY OF A LJNE WHICH BEGINS AT A POINT ON THE
SOUTHERLY LINE OF SAID LOT, WESTERLY 747 FEET FROM Tt~fE SOUTHF~4ST
COR6VER THEREOF; THENCE NORTHC:RLY ON A DIAECT L1NE TO A POINT ON
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THE NORTHERLY LINE OF SAlD LOT, iNESTERLY 1025.53 FEET FROM THE
NORTHEAST CORNER THEREOF.
SAID 50 FOOT ~TRIP TO TERMIMATE SOUTHERLY IN THE NORTHERL'Y LINE OF
LOT 13 Or THE LOCKHART TRAf.;T, AS PER MAP RECOFiDED IN BOOK 4,
PAGES 512 AND a13 OF MISCELLANEOUS RECORDS OF LOS AVuELE3
COUN7Y, GWFORNIA, BEING THE NORTNERLY UNE QF THAT CERTAIN
PARCEL OF LAND CONVEYED TO CALJFQRNiA DRIVE-IN THcAT~RS, INC., BY
DEED RECORD@D APRIL 22, 194i 1N BOOK '089, PAGE 380 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUIvTY RECORDER OF Sl~1D ORANGE
COUMY.
WHEREAS, the City Planning Commission did hdd a public hearing at the Civic Center
in the City of Anahelm on Juiy 8 at 1:30 p.m., notice of said public hea~ing having been duly given as
required by law and in accordance with the pr~visions of the Anaheim Municipal Code~ Chapter 18.03, to
hear and consider evidence for and agafnst said proposed condftior.al use permit and to irnestigate and
make findings and recommendatlons in connection therewith; and
WHEREAS, sald Commission, after due inspection, investf~ation and study rr~ade by ftself
and in fts behaif, and after due consideration of ali evklence arxl reports offered at said hea~ing, does flnd
and determine the fdlowing facts:
1. That the proposed use is properly one for which a conditional use permft is authorized by
Anaheim Municipal Code Section 18.61.050.020 to establ(sh swap r.'~eet operations on the City of Anaheim
portion of the drange DrNe-In Theater.
2. That this use permit is granted, in part, to sstablish swap meet oporatlons on the City of
Anaheim portion of the Orange Drive-in Theater and to deny ¢he request for the 2acessory outdoor roller
hockay faciliry because the petitioner wirthdrew sald use fdlowing p~blic notffication;
3. That the propased use will not adversely aifect the adJoining land uses and the growth and
develoFment of the area in which ft fs pro~osed to be lacated because tha exlsting swapmeet operation
in the Ciry o! Grange is compatible with the s~rrourxling industrial and office uses in the immediate
neighborhood arxf the p~oposa! is a reiocation of vendor stafls arxJ parking lot areas, which will not
increase the amount of traffic in the ares no~ be a detrimental InAuence to the surrounding properties;
and that no other changes are proposed to the swap meet, such as addNional accosan o im Srove the
buildings or signage; and, fuKhermore, that the petkfoner has submitted a landscape pl P
Ciry of Anahaim portion of the seiback area adJaceM to State College Boulovard by planting 13 eucalyptus. __
trees, deander shrubs, arxi addft!anal ~round cover wfth tha necess~ry irrigation system;
4. That the sL~e and shape of the sfte for the proposed use is a~equate to allow the full
development of the proposed use in a manner rcot detrimenta; to the particular area nor to the peace,
health, safety, and general welfare;
5. That the traiflc generated by the proposed use wAI not Im;~ose an undue burclen upon the
streets and h(ghways designed and improvdd to carry the trafflc in the area because the proposed
relocation of the vendor stalls will not change the operatlans of the existing swaPmeet, nor will the
recor~figuration of the parking lot and vehide circulation pattem further ir-tensify the u~se of subject
prope~ty; and that the relocatlon of the vendor stalls onto the Ctry of Anaheim portion of the prop~rry is
necessitatod by the Caltrans taking of the southem 5-acre portion of said drNe-ir~ theater property;
6. Tt~at the granting ot the condftional use pennit~ under the condftions imposeo, will not be
detrimentat to the peace, hesith, safery and generai welfare of the citizer.s of the Ciry of Anaheim; and
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7, That no one indicated their presence at safd p~~bllc hea~ing in ~pposftion; and that no
correspondence was received In opposfUon to the subJect pet!tton.
c`.,eLJFORNIA EM/lRONMENTAL QUAUTY ACT FlNDING: That the Anahsim City Planning
Commisston has raviewed the proposai to permft sweP re~eet operation on the City flf Anaheim porcion
of the Orange Drfve-In Theater, induding an accessory outdoo~ rdler hockey faciliry ?n the parkiny lot area
on a rectangularty-shaped parcei of land consisting of approximately 7.55 acres, having frontqges of
approximately 348 feet on the east side of Siate CollegA Boulevard and 50 qeet on the south side of
Orangewood Avenue, having a maximum depth of approximateiy 735 feet and ~ocated app~oximately b70
feet south of the cer~ter!ine of Orangew~od Avenue, and further describeti as 2150 Savth State College
Boulevard (Orange Drive-In Theater and Swapmeet); and does hereby approv~ the N~ative Dedaration
upon flnding that the dec:faration reflects the independent judgement of the lead agency and that k has
considered the ",e~atNs Dedaration together wfth any commants received during the public review
p~ ocess ard further finding on the basis of the inftial study and any comments receNed that there is nu
sub5tantial evfdence that the project wiEl have a signiflcart effect on the ernironment
NOW, THEREFGRE, BE r7' RESOLVED that the Anaheim Ci.y Pianning Commission does
he~~eby grant subject Petftion for Condtti unal 9 io Phe proposed spe of the s'ubJ'ect propeirty inWOrde rto
hereby found to be a necessary p eq
preserve tho safety and general welfare of the Cr~Zens of the City of Anaheim:
1. That subject prop~~rty shali be developed substantially in accordance with plans and
specfficatlons submitted to the City ot Anaheim by tha petitioner arxl which plans are an
file with ehe Piannfi~a DepaKment marked Exhibk Nos. 1 and 2
2. That the property owner or swap meet operator shall be responsit~le for paying the full
cost assoclated wfth the use of Anahoim Pdica Department and/or Traffi~ Management
Center staff who may be needed tor trafflc contrd purposes.
3. That the property owner or sw~ap meet operator shall contact the Anaheim Business
LJcense Divislon in order to implement the bus(ness licer~se requirements and fees for
those vendors operating wfthin the City of Anaheim. The property owner or swap meet
operator shall be responsible for fumishing 4he requisfte i~formation to the Bu~iness
Ucense DNision for buslness Iicense sa~es tax cdlectim purposes.
4. That atl vendo~s shall be located in desiqnated vendur locations only.
5. That p~lor to the commencement of :he actEviry authorized by this resdution, or prior to
flnal building and zoniny inspections, ~r wichin a pe~iod of one yaar hom the date of this
reso:ution, whichever occurs flrst, Condition Nos. 1 and 3, above-mentloned, shall be
complied with. Extensions for further time to complete sakJ condftions may be graMed
(n accordance v~Rh Section 18.03.090 of the Anaheim Municipal Code.
6. That approval o# this application constRutes approval of the proposad request only to the
~cterrt that R complies wfth the Anaheim ~Ylunictpal Zoning Cude and any other applicable
Ciry, State and Federal regulations. Approval does not Indude any action or findi~gs as
to compilance or bpproval of the request regarding any other applicable orciinence,
regulatlon or requirement.
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BE IT FURTHER RESOLVED that the Anaheim Cicy Planning Commission does hereby flnd and
detertnine that adoption of this Resolution is expressiy pred~cated upon applicanYs compltance with each
and all of the condft~ons hereir ibcve set forth. Should any such condftion, or any part thereof, be
dectarad tnvalid o~ unenforce~ble hv ihe ~inal judgmeM of any court of competent jurisdicticn, then thts
Resolution, and any approvals he _ ~cair~c:, shafl be deemed nu{I and voki.
THE FOREGOING RESOLUTION was adopted at ihe Planning Commission meeting of
JUIy 8, 1996. ~(5""'^
G
CHAIRMAN, PRO TEM ORE
pNAHEIM CITY PLANNING COMMISSION
ATfEST: „/
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SECRETARY, A 1EIM CIN PLANNING COMMISSION
STATE OF CAlJFORNIA )
COUNTY OF OP~WGE ) ss•
CITY OF ANAHEIM )
I, Margarita Sa'.o~lo, Secretary of the Anahsim Ciry I'Ianning Commission, do hereby ceriify
that the foregoing resdutbn was passed and adopted at a mee4ing of the Anaheim City Planning
Commtssfon held on July 8, 1996, by the fullowing vote oF tho members thereof:
AYES: CnMMISSIONERS: BQSTWICK, BOYDSTUN, BRISTOI, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this 0~~~~day of ~~
199fi.
SECR ARY, AHEIM CITY PLANNING ~MMISSIaN
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PC96~61