2000-188RESOLUTION NO. 2000R-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3400
FOR TEN (10) YEARS TO EXPIRE AUGUST 29, 2010, AND AMENDING
CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. 91R-165,
91R-239, PC92-95 AND 92R-182
(CUP TRACKING NO. 2000-04230)
WHEREAS, on June 4, 1991, the City Council adopted
Resolution No. 91R-165 to approve Conditional Use Permit No. 3400
to permit a commercial retail center/indoor swap meet for ten
years on property located at 1440 South Anaheim Boulevard
(Anaheim Indoor Marketplace) (the "property'); and
WHEREAS, on July 23, 1991, the City Council adopted
Resolution No. 91R-239 to amend certain conditions of approval of
Conditional Use Permit No. 3400; and
WHEREAS, on July 27, 1992, the Planning Commission
adopted Resolution No. PC92-95 determining that the indoor swap
meet is one business entity for purposes of obtaining special
events permits and to amend the conditions of approval pertaining
to timing of certain conditions; and
WHEREAS, on August 18, 1992, the City Council adopted
Resolution No. 92R-182 further amending the conditions of
approval, and denying a request for an extension of a special
event permit for outdoor entertainment, and approving flags,
banners and balloons for 90 days; and
WHEREAS, said property is developed with a 133,200
sq.ft, commercial/industrial building which has been modified for
use as an indoor swap meet facility with accessory outdoor uses;
that the Anaheim General Plan designates the property for General
Commercial land uses; that the property is zoned CL (Commercial,
Limited); and that the property is located in Sub Area 2 "South
Anaheim Boulevard Corridor" of the Anaheim Commercial/Industrial
Redevelopment Project Area and the proposed South Anaheim
Boulevard Overlay Zone; and
WHEREAS, the petitioner requests modification or
deletion of a condition of approval pertaining to a time
limitation (the use will expire on April 22, 2001) under
authority of Code Section 18.03.093 to reinstate this conditional
use permit and retain the existing indoor swap meet operation;
and
WHEREAS, on July 17, 2000, the Anaheim Planning
Commission did conduct a public hearing and did adopt its
Resolution No. PC2000-89 reinstating Conditional Use Permit No.
3400 for an additional period of ten years and amending the
conditions of approval thereof; and
WHEREAS, thereafter, within the time permitted by law,
two members of the City Council caused the review of said
decision by the City Council; and
WHEREAS, the City Council did hold a public hearing at
the Civic Center in the City of Anaheim on August 29, 2000,
notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.03, to hear and consider evidence for
and against said proposed amendment and to investigate and make
findings in connection therewith; and
WHEREAS, the City Council, 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 use, as amended, is properly one for which a
conditional use permit is authorized by the Zoning Code.
2. That this use permit has been exercised in
substantially the same manner and in conformance with all
conditions and stipulations originally approved by the City
Council in 1991.
3. That the low number of Code Enforcement complaints
which have occurred and the prompt resolution of previous
violations indicate this use is being exercised in a manner which
is not detrimental to the surrounding land uses, nor to the
public peace, health, safety and general welfare.
4. That the use, as amended, will not adversely affect the
adjoining land uses and the growth and development of the area in
which the use is located.
5. That the size and shape of the site for the use, as
amended, is adequate to allow full development of the use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the use, as amended, will
not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City
Council does hereby reinstate and approve Conditional Use Permit
No. 3400 to retain the existing indoor swap meet operation at
1440 South Anaheim Boulevard for ten (10) years, to expire on
August 29, 2010; and
BE IT FURTHER RESOLVED, that the City Council does
hereby amend, in their entirety, the conditions of approval of
Resolution No. 91R-165, as amended by Resolutions Nos.91R-239,
PC92-95 and 92R-182, adopted in connection with Conditional Use
Permit No. 3400, to read as follows:
1. That this permit shall expire ten (10) years from the
date of this resolution, on August 29, 2010.
2. That the parking lot shall be resurfaced and restriped
in accordance with City standards.
3. That the parking lot shall be maintained and repaired
when necessary to prevent potholes, cracks and uneven surfaces.
4. That trash storage areas shall be provided and
maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance
with approved plans on file with said Department. Said storage
area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The
walls of the storage area(s) shall be protected from graffiti
opportunities by the use of plant materials such as minimum one
(1) gallon sized clinging vines planted on maximum three (3) foot
centers, or tall shrubbery.
5. That the applicant shall be responsible for maintaining
the premises free of litter at all times.
6. 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.
7. That the property shall be maintained in accordance with
the most current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations.
8. That there shall be no public telephones on the
property, which telephones are located outside the building.
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9. 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.
10. That no vending machines shall be visible to any public
right-of-way.
11. 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 about the 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.
12. That the tenant spaces in the subject indoor swap meet
shall be leased for periods of no less than one (1) year each.
13. That there shall be no outdoor sales, display, or
product demonstrations.
14. That these swap meet premises shall be considered one
(1) business for the purpose of Special Event Permits.
15. 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.
16.
readerboard sign adjacent to the building shall be removed.
new signage shall be submitted to the Zoning Division of the
Planning Department for review and approval of the Planning
Commission as a "Reports and Recommendations" item. Once
approved, the signage shall be constructed and maintained in
accordance with approved plans.
That the existing nonconforming freestanding electronic
Any
17. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
18. That subject property shall 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 No. 1.
19. That within a period of twelve
of this resolution, Condition Nos. 2, 4
shall be complied with.
(12) months from the date
and 16, above-mentioned,
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20. 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.
21. That within a period of six (6) months from the date of
this resolution, a final landscaping plan shall be submitted to
the Zoning Division of the Planning Department for review and
approval by the Planning Commission as a "Reports and
Recoramendations" item. Said landscaping plan shall show the
following improvements as described in a letter submitted by the
applicant and dated July 13, 2000:
(a) The addition of sixty (60) juniper trees along the north
fence line 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
(b) The addition of ten (10) trees interspersed throughout
the parking lot area adjacent to Anaheim Boulevard; and
(c) The refurbishing and replanting of the ground cover
along Anaheim Boulevard with plants that are less subject to
being trampled down by pedestrians.
Said landscaping shall be installed within a period of
twelve (12) months from the date of this resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of August,
2000.
MA~O~HEIM
ATTEST: , ~. . ~
· %-CIT~ CL~RK OF ~H~-CITY OF AJA~EIM
36938.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-188 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 29th day of August, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 29th day of August, 2000~
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-188 was duly passed and adopted by the City Council of
the City of Anaheim on August 29th, 2000.
~ CLE~RK OF ~-~-CITY OF ANAHEIM