91-165 RESOLUTION NO. 91R-165
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3400.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a commercial retail center (indoor swap meet) upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
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 INTERSECTION OF THE
NORTHEASTERLY RIGHT OF WAY LINE OF A 60 FOOT
STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED
JULY 10, 1914 IN 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 CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 630.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 82° 54' 41" EAST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE 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 OFFICIAL 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, CALIFORNIA; 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 RIGHT 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
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SECTION 23; THENCE WEST ALONG SAID SOUTHERLY
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE 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 STATE HIGHWAY, AS
DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN
BOOK 258, PAGE 66 OF DEEDS, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 78° 17' 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 TO THE POINT OF
BEGINNING.; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the city Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC91-50 granting Conditional
Use Permit No. 3400; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
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the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the city Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic 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. The granting 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.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3400 be, and the same is hereby, granted
permitting a commercial retail center (indoor swap meet) on the
hereinabove described real property, subject to the following
conditions:
1. That prior to issuance of a building permit, the
developer shall pay four percent (4%) of the total cost
of the Katella Avenue/Haster Street intersection
improvement as determined by the City Engineer. Said
contribution shall be subject to adjustment in accordance
with the Engineering News Record-Construction Cost Index
for the Los Angeles region.
2. That the Transportation Demand Management (TDM) Plan
shall comply with Regulation XV of the South Coast Air
Quality Management District and shall include, but not be
limited to, the following:
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w Lease arrangements to provide incentives for
employees to rideshare (including preferential
parking and subsidized required paid parking)
and to provide each new employee with
information on ridesharing, van pooling, public
transportation and alternate transportation
~"~ opportunities.
Encourage use of public transit by providing
walkways to access bus shelters, and
distribution of public transit schedules.
Encourage tenants to subsidize the cost of
employee's public transportation costs as an
alternate to subsidized parking.
3. That prior to issuance of a building permit, a traffic
signal assessment fee equaling the difference between the
industrial and commercial assessment fees shall be paid
to the City of Anaheim in an amount as established by
~ city Council Resolution No. 89R-198.
4. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revision of
Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standards and driveway location. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
5. That prior to issuance of a building permit, the
petitioner shall resurface and restripe the existing
parking lot in accordance with submitted plans on file
marked Exhibit No. 1.
6. That all driveways shall be constructed with fifteen (15)
foot radius curb returns as required by the City Engineer
~ in conformance with Engineering Standards.
7. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
8. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by
said Division.
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9. That due to the change in use and/or occupancy of the
building, plans shall be submitted to the Building
Division showing compliance with the minimum standards of
the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim. Appropriate permits
shall be obtained for any necessary work.
10. That the existing structure shall comply with the minimum
standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes
as adopted by the City of Anaheim.
11. That the proposal shall comply with all signing
requirements of the CL "Commercial, Limited" Zone, unless
a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
12. That the existing pole sign shall be permitted, however,
any additional proposed freestanding sign on subject
property shall be a monument-type not exceeding eight (8)
feet in height and shall be subject to the review and
approval of the City Traffic and Transportation Manager
to determine adequate lines-of-sight.
13. That the petitioner shall submit a landscape and
irrigation plan to the Planning Commission for review and
approval. Said plan shall show a landscape coverage of
no less than two percent (2%) of the total parking area
in compliance with Code Section 18.44.066.031 and shall
incorporate measures for drought tolerant xeriscape
plants and trees; and shall further include additional
landscaping along Anaheim Boulevard.
14. That the front landscaped setbacks along Anaheim
Boulevard and Cerritos Avenue shall be a minimum ten (10)
feet wide and shall include landscaped earthen berms and
shall be planted and irrigated with minimum fifteen (15)
gallon sized trees located on maximum twenty (20) foot
centers; provided, however, that the City Traffic and
Transportation Manager may modify this requirement to
ensure adequate vehicular and pedestrian visibility.
15. That the existing light standards shall be repainted.
16. That prior to the issuance of any building permit, the
existing hole in the ground located adjacent to Anaheim
Boulevard shall be filled and paved.
17. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit Nos.
2463 (permitting a church with a parking waiver), 2735
(permitting expansion of a church with a parking waiver)
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and 2835 (permitting retention of a book store with a
parking waiver) to the Zoning Division.
18. That subject 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 Nos. 1,
2 and 3.
19. That prior to commencement of the activity authorized by
this resolution, or prior to issuance of a building
permit, or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition
Nos. 1, 2, 3, 4, 5, 7, 8~ 13, 16 and 17, above-mentioned,
shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
20. That prior to commencement of the activity authorized by
~ this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 6, 9,
14, 15 and 18, above-mentioned, shall be complied with.
21. That this conditional use permit is granted for a period
of ten (10) years and shall terminate on April 22, 2001;
and, further, that the use shall be reviewed in five (5)
years from the date of this resolution to determine
whether the use is being operated in compliance with
subject use permit and without any detrimental impact on
surrounding uses and properties.
22. a. That the tenant spaces in subject "indoor swap
meet" shall be leased for periods of no less
than one (1) year each.
b. That there shall be no outdoor sales or product
~ demonstrations.
23. 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. Conditions marked
with an asterisk (*) are required by established laws,
codes, regulations and agreements and are, therefore, not
subject to negotiation.
BE IT FURTHER RESOLVED that the City Council 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 conditions, or
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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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day of June, 1991.
ATTEST: MAYOR OF THE CITY OF ~EIM
CITY CLERK OF THE CITY OF ANAHETM
JLW:dnl
R34C3400.12
060791
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-165 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 4th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly, Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-165 on the 5th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of June, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-165, duly passed and
adopted by the City Council of the City of Anaheim on June 4, 1991.
CITY CLERK OF THE CITY OF ANAHEIM