Resolution-PC 99-118RESOLUTION NO. PC99.118
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 4125 BE GRANTED FOR i1N0 (2) YEAR.S
WHEREAS, the Anaheim C(ty Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property sltuated in the City of Anaheim, County of Orange, State
of Califomia, described as:
THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, IN TME CITY OF
ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
__. RECORDED IN BOOK 4, PAGE 512 OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
SEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TRACT OF LAND
CONVEYED BY HF.RRY J0. BRAINARD TO WILLIAM F. GADE BY DEED RECORDED IN
BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE
SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND OF GADE TO
THE CENTERLINE OF THE STATE HIGHWAY; THENCE NORTHWESTERLY ALONG
SAID CENTERLINE TO THE POINT OF INTERSECTION THEREOF WITH THE
CENTERLINE OF THE COUNTY ROAD COMMONLY KNOWN AS PLACENTIA AVENUE,
AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY BY DEED
RECORDED DECEMBER 6, 1992 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE
COUNTY; THENCE NORTH 0° 09' 30" WEST ALONG THE CENTERLINE OF SAID
COUNTY ROAD TO THE NORTHWESTERLY LINE QF LOT 13 OF SAID LOCKHART
TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF
SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID LINE TO THE
NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP LAUX AND ADELE
H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IiV BOOK 369, PAGE 104 OF
DEEDS; THENCE SOUTH 16° 56' 00" WEST 634.90 FEET TO THE POINT OF
BEGINNING.
EXCEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT
THEREON NORTH 0° 10' 30" WEST 159.66 FEET FROM ITS INTERSECTION WITH THE
CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE), DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1954 IN BOOK
2851, PAGE 256 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH
60° 43' 00" EAST 344.21 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID
LAND OF GADE, NORTHEASTERLY 2G'i.~5 FEET, MEASURED ALONG SAID
NORTHWESTERLY LINE AND THE SOUT'HWESTERLY PROLONGATION THEREOF,
FROM SAID CENTERLINE OF THE CALIFORNIA STATE HIGHWAY.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGc, FOR USE AS A
PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES, BY DEED RECORDED
NOVEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT
PORTION DESCRIBED AS FOLLOWS:
cB674PK.DOC -1- PC99-118
BEGIiVNING AT A' :~iNT A7 A PqIN?' Sf'IRIG THE ~1N, ;~RSECT~ON OF THE CENTERLINE
OF LOS ANGELES STR~,,;T (.~',0'F~ETV7IDE) AP:i}'<:TP,":'E CaLLECc BOULEVARD
(FORMERL~ PLACf•NTIti AV=~~UE) (60 t-~EFV'JIUE; THE;~;,~ p:ORTH 0° 09' 30" EAST
ALOlJG xHE CENTERIINE QF SAID STA7~ :~~~,LEGE PnUI~:VARD, 32.63 FEET TO AN
ANGLE pC.lOi a; THEN; ~ SOI;'rH 09° 50' 30" E'A~T 3Q ~sEEI' AS MEASUREO AT RIGHT
F,NGLES TO THE EA.iTE~:~Y UNE OF STATE ~;~;?-~GE BOVLEVARD TO THE TRUE
PO!"!T GF P'~~:SNhfING, THENCE SOUTh ^° <J9' ?C"'v~~ST 15 FEET TO AN ANGLE
POIN f. SF~.ID Y,JINT BEING THE INTERSEC'fIG'~I CF Th;E EqST LINE OF SAID STATE
COLL.EGE ~sOUI =VRfLD W1TH THE NOR7i 'E A.cTERLY LINE OF SAID LOS ANGELES
STREET; THENCt SOU"fH 60° 43' SlG" EA~ i 7 ~ F~ET ALO~G SAID NORTHEASTERLY
LINE OF LOS ANGELES STP.EET TG AN Ah~~LE POIP~T; THENCE NORTH 30° 16' 45"
WEST 25.87 FEET TO THE 1; RUE 'r'OI~''" = BEGINNING.
ALSC~ EXCEPTING THcREFR~M'i.,;>; i' ~r~RTION 0~ SAID LAND AS DEDICATED TO
THE CITY OF ORANGE BY DEDICi~:(!OV BEING RECORDED MAY 7, 1970 IN BOOK
9284, PAGE 62 OF OFFICIAL RECdZD;;, B~;~JG DESCRIBED AS:
THAT PORTION OF LOT 13 OF TPiE LOCHART TRACT, PER MAP RECORDED IN BOOK
4, PAGE 512 OF MISCELLANEOUS P.FCORDS, LOS ANGELES COUNTY, CALIFORNIA,
AND LOTS 1 AND 2 OF TRACT NO. t1, AS PER MAP RECORDED IN BOOK 10, PAGE 22
OF MISCELLANEOUS MAPS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING A7 A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED
TO THE COUNTY OF ORANGE RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE
395 OF DEEDS OF SAID ORANGE COUNTY, DISTANT NORTH 0° 43' 42" WEST, 159.66
FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (60 FEET WIDE) AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN
BOOK 2258, PAGE 59 OF SAID DEEDS; THENCE SOUTH 59° 48' 48' EAST A DISTANCE
OF 34.45 FEET TO THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF
STATE COLLEGE BOULEVARD (FORMFRLY LOS ANGELES STREET), WITH THE EAST
LINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA
AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE, CUNTINUING SOUTH 59° 48' 48" EAST A DISTANCE OF 309.76 FEET, MORE
OR LESS, TO THE NORTH`,NESTERLY LINE OF THE 5.25 ACRE TRACT OF LAND
CONVEYED TO HARRY JAMES BRAIht°:F:D, ET US., TO WILLIAM F. GADE BY DEED
RECORDED IN BOOK 5.'..7, PAGE 276 O~ DEEDS OF SAID LOS ANGELES COUNTY;
THENCE NORTH 50° U3' 2T" EAST ALGiVG SAID NORTHWESTERLY LINE OF THE LAND
TO WILLIAM F. GADE A DISTANCE OF 25.52 FEET; THENCE, PARALLEL AND 24 FEET
NORTHEASTERLY TO THE EXISTING RIGHT-OF-WAY LINE OF STATE COLLEGE
BOULEVARD (FORMERLY LOS ANGELES STREET), NORTH 59° 48' 48" WEST A
DISTANCE OF 118.59 FEET TOT HE BEGINNING OF A TANGENT CURVE COf~CAVE
NORTHEASTERLY HAVING A RADIUS OF 342 FEET; THENCE WESTERLY AND
NORTHERLY ALONG SAID 342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE
OF 60° 32' 30" AN ARC DISTANCE OF 361.38 FEET; THENCE PARALLEL AND 42 FEET
EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORPAERLY
~'LACENTIA AVENUE) A DISTANCE OF $46.48 FEET; THENCE NORTH 3° 15' 01" EAST A
DISTANCE OF 250 FEET, MORE OR LESS, TO A POINT ON THE EXISTI;J~ 8v^LNDARY
OF THE CI'iY OF ORANGE AS ESTABLISHED BY ANNEXATION N0. 79, c.~RDINANCE
NO. 663, SA'c:~ BOUNDARY LINE 205.43 FEET NORTHERLY OF THE WESTERLY
PROLONGA710N OF SYCAMORE AVEAIUE; THENCE NORTH 89° 16' 18" WEST ALdNG
THE EKISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE
CR3647PK.DOC -2- PC99-118
PARALLEL AND 30 FEE'r' EASTEI2LY Cii= 17iE CENTERLINE OF STATE COLLEGE
BOULEVARD (FORME~tLY iCNOIh'N A~ P;~4CENTIA AVENUE) SOUTH 0° 43' 42" WEST A
DISTANCE OF 1016.65 FEET TO TtiE TF:IJE POINT OF BEGINNING.
AND
THAT PORTION OF LOT 2 IN TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAiD LOT, WEST 1025.53 i=EET
FROM THE NORTHEAST CORNFR THEREOF; THENCE SOUTHERLY ON A DIRECT
LINE TO A POINT ON THE SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE
SOUTHEAST CORNER THEREOF.
EXCEPT THE NORTH 567.04 FEET THEREOF
ALSO EXCEPTING THEREFROM TNAT PORTION DESCRIBED IN DEED TO THE CITY
OF ORANGE RECOR~ED MAY 7, 1970 IN BOOK 9294, PAGE 62 OF SAID OFFICIAL
RECORDS.
::LSO EXCEPT THEREFROM THAT POkTION OF SAID LOT LYING WESTERLY OF THE
CENTERLiNE AF PLACENTIA AVENUE (PJOV4' STATE COLLEGE BOULEVARD) AS
SHOWN OiV TF:ACT NO. 964, FILED IN BOOK ?1, PAGES 4G AND 47 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF'fhl~ COUWN RECORDER OF ORANGE
COUNTY, CALIFdRNIA.
THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK 10, PAGE
22 OF MiSCELLANEOUS MAPS, IN THE OFFICE OF THIE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THF_ FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTFI LINE OF SAID LOT 1
WITH THE CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0° 09' 30" EAST
179.99 FEET TO THE EASTERLY LIN~ OF SAID LOT 1.
~1LS0 EXC~F'TI;~.!G THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY
OF ORANGE nE~ORDED MAY 7, 19701N BOOK LL9284, PAGE 62 OF SAID OFFICIAL
RECORQS.
AND
THE WESTERI.Y 50 FEET OF THAT PORTION OF LOT 2 OF TRACT N0. 71, AS PER
MAP REC~;~Rr ED IN BOOK 10, ~~AGE ?2 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE C'OUNTY RECORDER Of uRANGE COUNTY, CALIFORNIA, LYING EASTERLY
OF A LINI= WHICH BEGINS AT A POINT ON THE SOUTHERLY LINE OF SAID LOT,
WESTER;.Y 747 FEET FFtOM THE SOUTHEAST CORNER THEREOF; THENCE
NORTHEFZLY ON A DIRECT LINE TO A POINT ON THE NORTHERLY LINE OF SAID LOT,
WESTERLY 1025.53 FEE7' FROM THE NORTHEAST CORNER THEREOF.
SAID 50 F00'i ~:''R(•^''T~ TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF LOT
13 OF THE LOCI~H:~ FcT TFtACT, AS PER MAP RECORDED IN BOOK 4, PAGES 512 AND
513 OF MISCELLANECUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BEING
THE NORTHEFiLY LINE GF 7'HAT CERTAIN PAR EL OF LAND CONVEYED TO
CR3647PK.DOC -3- PC99-118
CALIFORNIA DRIVE-IN THEATERS, INC., BY DEED RECt~ROED APRIL 22, 1941 IN
BOOK 1089, PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
EXf:EPTING THEREFROM THAT PORTION OF SAID LANQ CONVEYED TO THE STATE
OF CALIFORNIA BY TNAT FINAL ORDER OF CQNDEMNATION RECORDED JUNE 5,
1998, AS ~F~STRUMENT NO. 19980352437, OF OFFICIAL RECORDS.
AiJD
THAT PORTION OF LOT 2 OF TRACT NO. 71, IN THE CITY OF ANAHEIb1, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, RECORDS UF ORANGE COUNTY, CALIFORNIA
DESCRIBED P,S FOLLOWS:
BEGIfVNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT NO. 71, SAID
SOUTHWEST CORNER ALSO BEING THE EAST QUARTER SECTION ~ORNER OF
SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOCK 51, PAGE 10 OF
SAID YIISCELLANEOUS MAPS, THENCE ALONG THE SOUTHER~_Y LINE OF SAID LOT
3, NORTH 89° 59' 00" EAST 275.00 FEET; THENCE SOUTH 0" 01' 00" EAST 280.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 8° 01' 00" EAST
2R7.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567.04 FEET OF SAID
LOT 2; THENCE SOUTHERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF
STATE COLLEGE 30ULEVARD, FORMERLY PLACENTIA AVENi1E, AS DESCRIBED IN
DEED TO THE COUNTY OF ORANGE, RECORDED MARCH 22, 1920 IN BOOK 350,
PAGE 19 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY
ALONG SAID CENTEFcLINE TO A LINE THAT IS PARALLEL WITH NORTHERLY LINE OF
SAID LOT 2 AND PASSES THROUGH THE TRUE POINT OF BEGINNIMG; i HENCE
EASTERLY ALONG SAID LA~T MENTIONED PARALL[L LINE TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE EAST 50.00 FEET.
ALSO EXCEPT THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER U~
CONDEM~VATION IN FAVOR OF THE S7ATE OF CALIFORNIA, RECORDED APRIL 30,
1998 AS INSTRUMENT NO. 199802G2502, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a pubtic hearing at the Civic Center in
the City of Anaheim on June 21, 1999 at 1:30 p.m., notice of said public hearing having been duly given
as required by I~w and in accordance with the provisf~ns of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against safd proposed conditional use permit and to fnvestigate and
make findings and recommendations fn connectfon therewith; and
WHEREAS, said Commfss(on, after due inspection, investigation and study made by
itself and fn its behalf, and after due consfderation 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 wh(ch a conditional use permit fs authorized by
Anaheim Municipal Code Section 18.61.050.020 to establ(sh an outdoor swap meet facility with waiver of
the following:
Sections 18.04.060.050 Rea~l~_ ed p~kl~g lot landcr~..i....
18.06.030.040 (1 tree in minimum 48 auare foot olanter ~ ith min(mum
and 18.61.066.030 5-foot dimension be~we~n every_10 oarkina ~~acAc
~gaces required; none proposed)
Ci23647PK.DOC -4- PC99-118
2. That the proposed use will not adversely affect the adjoining land uses and fhe growth
2nd development of the area in which it is proposed to be located.
3. That !he size and shape of the site for the proposed use is adequate to ailow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and yeneral weifare.
4. That the tra~c generated by the proposed 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 of this conditional use permit under the conditi~ns imposed, will not be
detrimental 4o the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to ths proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry
Planning Commission has reviewed the proposal to estabiish an outdoor swap meet facility with waiver of
required parking lot landscaping on a 8.48-acre, irregularly-shaped, parcei of land having frontages of 635
feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, a
maximum depth of 805 feet and being Iocated 280 feet south af thP centerline of Orangewood Avenue
(215Q South State College Boulevard - former Orange Drive-in Theater and Swap Meet); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Negative Deciaration 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 grant subject Petition for Conditional Use Permit, u~„ ~he 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:
1. That this permit shall expire two (2) years from the date of this resolution, on June 21, 2001.
2. That one (1) week after this swap meet opens, Condition af Approval No. 32 of Resolution ~Jo.
98R-66 (Conditional Use Permit No. 3994 for the swap meet facility at 1500 North Lemon Street)
shall be modified or deleted cr the swap meet use at 1500 North Lemon Street shall be
discontinued and Conditional Use Permit No. 3994 shall be terminated.
3. That the legal owner of this property shall provide lhe Ciry of Anaheim with a public utilities
easement to be determined as the electrical design is completed.
4. That any reauired relocation of City electrical facilitiES shail be at the developer's expense.
5. That the applicant shall comply with all conditions imposed on this proJect by the City of Orange
regarding trafric mitigation.
6. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval show?ng conformance with thE current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locati~ns. Subject property shali thereupon
be developed and maintained in conformance with said plans.
CR3647PK.DOC -5- PC99-118
7. 7'hat 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 app~oved plans on
file with said Department. Said storage areas shail be assigned, located and screened so as not
to be readily identifiable from adjacent streets or highways. The wails of the storage areas shall
be protected from graffiti opportunities by the use of piant materials such as minimum one (1)
gailon sized clinging vines planted on maximum three (3) foot centers or, tall shrubbery. Said
information shall be specificaily shown on the plans submitted for review and approval by the
Streets and Sanitation Division.
8. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the, Streets and Sanitation Division for review and approval.
9. That an on-site frash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the Streets and Sanitation Division. Said turn-around
aiea shall be specifically shown on plans submitted for Public Works Department approval.
10. That the property owner or swap meet operator shali pay an annual fee for Police Department
detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of
this property. The number of detectiv~s, hours of monitoring and annual fee costs shall be
determined by the Burgiary Detail of the Anaheim Police Department.
11. That the developer shall construct street improvements along State College Boulevard, fronting
this property, to conform with the Anaheim Stadium Area Master Land Use Plan and as approved
by the Ciry Engineer. The developer shall submit street plans to the Public Works Department,
Development Services Division, sh211 submit parkway landscape and irrigation plans to the
Community Services Department, Parks Division.
12. That no signage and no Special Event Permits shall be permitted within the City of Anaheim
partion of this property.
13. That the sale and consumption of aicoholic beverages shall not be permitted on the City of
Anaheim portion of this prope~ty.
14. That the parking lot senring the premises shall be equipped with lighting of sufficient power to
illuminate and rr.~~e easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall not exceed rivelve (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. Plans specifying this information shali be submitted to the Zoning Division
for review and approval.
15. Tha1 trees shall not be unreasonably trimmed to allow increased visibility of the swap meet
faciliry.
16. That no amplified (i.e., loud speakers) mus(c or entertainment shall be permitted on the premises;
and that noise levels shall comply with Code requirements.
17. 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.
18. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
outdoor uses.
CR3647PK.DOC -6- PC99-118
19. 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.
20. That detailed landscape plans showing conformance with all Code requirements shall be
submitted to the Zoning Division for the review and approval by the Planning Commission as a
"Reports and Recommendations" item.
21. That irrigation plans shall be submitted to the Building Division.
22. That no loading/unloading what-so-ever shall be permitted on Orangewood Avenue or State
College Boulevard.
23. That detailed fencing plans showing confo~nance with all Code requirements shall be submitted to
the Zoning Division for review and approval by the Planning Commission as a"Reports and
Recommendations" item. The existing corrugated metal fencing shall be repaired, painted in a
uniform color and landscaped where possible. No signage shal~ be permitted on any fencing.
24. That the owner of this property shall submit a ietter to the Zoning Division requesting termination
of Conditional Use Permit No. 4036 (to permit an automotive sales lot with accessory
service/repair facilities and two 10 foot high, 150 square foot monument signs and with waiver of
required parking lot landscaping, permitted location of freestanding signs, maximum sign width
and minimum sight distance requirements); Conditional Use Permit No. 3842 (to establish swap
meet operations on the City of Anaheim portion of the Orange Drive-In Theater); Variance No.
4158 (to waive required lot frontage in order to establish a 2-lot commerciai/office subdivision);
Conditionai Use Permit No. 3106 (to permit and govern the construction of one 18-story
commercial office building and parking structure in Anaheim and two 10-story and two 18-story
buildings in Orange); and Conditional Use Permit No 1144 (to establish a drive-in theater to be
used periodically as a swap meet facility with waiver of maximum fence height, building setback,
maximum number ef freestanding signs, minimum distance beriveen freestanding signs,
maximum sign area and permitted location of freestanding signs).
25. That this use permit is granted subject to the adoption of Conditional Use Permit No. 2290-99,
now pending, by the City Council of the City of Orange; and that any changes, revisions,
modifications, etc., to said use permit shall necessitate additionai action by the Anaheim Planning
Commission or City Council, as determined to be necessary by the Anaheim Planning
Department. Conditional Use Permit No. 4125 (subject conditional use permit) shall be
coriingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290-
99.
26. 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 facidity 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 nf Anaheim Zoning Division and
filed with this petition (Conditional Use Fermit No. 4124). Said approved plans will satisfy the
applicable conditions in this use permit.
27. That the developer shall be responsible for comnliance and any direct costs associated with th~
conditions of approval imposed by the Ciry of Orange and the Ciry of Anaheim
28. That the business operator shall pay for a fEe for each individual vendor located within the City of
Anaheim on a monthly basis as determined by the City of Anaheim Business License Division of
the Finance Department.
CR3647PK.DOC -7- PC99-198
29. That the vendor sales area is subject to Fire Code requirements which pertain ta access lane
widths and minimum spacing between canopies. Approval of this conditionai use permit ~ioes not
guarantee a minimum number of vendors. Fire Code requirements may reduce the number below
that shown on the ap~roved site plan (Exhibit No.1). A detailed plan of the vendor area shall be
prepared by tne applicant and submitted to the Fire Department for review and approvai.
30. That all gates on State Coilege Boulevard shall be open at all times when ths property is occupied
and shall be closed when the premises are vacated. The gate on Orangewood Avenue shali be
open only for vendor use and shall be closed at all other times when not in use by vendors.
31. That the property owner shall reconstrucE the raised median on State College Boulevard, north of
the project driveway to provide for two (2) southbound left-turn lanes as identified in the
parking/traffic study. Alternatively, the property owner can provide for controller and cabinet
upgrades at the intersections of State College Boulevard and Orangewood Avenue, State College
Boulevard and the proJect driveway, and two CALTRANS ramp signals to the south.
32. That subje~t property shall be developed 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.
33. That prior to commencement of the activity authorized by this resolution or within a period of one
(1) year from tho date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 14, 20; 21, 23, 24, ~5, 27, 28, 2y, 30, 31 and 32 above-mentioned, shall be complied
with. Extensions for fu~ther time to complete said cor.ditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
34. 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. Approvai does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
35. That the vse of over-head power lines shall be prohibited
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compiiance
with each end all of the conditions hereinabove set forth. Should any su h condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court competent jurisdiction, then this
Resolution, and any approvals herein contained, sha I be deemed d void.
THE FOREGOING RESOLUTIO p ed a a in ommi~sion meeting of
June 21, 1999. / ~
AT7EST:
~v~0l~.0"
SECRETARY, ANA IM CITY PLANNING COMMISSION
CR364'7PK.DOC -8- PC99-118
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, dc hereby ~Prfify
that the foregoing resolution was passed and adopted at a meeting of ihe Anahefm City Plantiing
Commission held on June 21, i 999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRI~TOL, KOOS, NAPOLES
NOES: COMMISSIONERS: ESPING
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand thfs _~~ day of
~, 1999.
N(~Jl~~-ff
JCt:Kt ~ARY, ANAY~~IM CITY PLANNING COMMISSION
CR3647PK.DOC -9- PC99-118