96-149 RESOLUTION NO. 96R-149
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3842, IN
PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit swap meet operations on the City of Anaheim portion of
the Orange Drive-In Theater upon certain real property located
within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL A: THAT PORTION OF LOT 13 OF THE LOCKHART
TRACT, IN THE 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:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE
5.25 ACRE TRACT OF LAND CONVEYED BY HARRY J.
BRAINERD 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 I2~ND OF GADE TO THE
CENTER LINE OF THE STATE HIGHWAY; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE TO THE POINT
OF INTERSECTION THEREOF WITH THE CENTER LINE OF
THE COUNTY ROAD COMMONLY KNOWN AS PLACENTIA
AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO
ORANGE COUNTY BY DEED RECORDED DECEMBER 6, 1922
IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE
COUNTY; THENCE NORTH 0 DEG. 09' 30" WEST ALONG
THE CENTER LINE OF SAID COUNTY ROAD TO THE
NORTHWESTERLY LINE OF 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 IN BOOK 369, PAGE 104 OF DEEDS; THENCE
SOUTH 16 DEG. 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 CENTER LINE OF SAID
COUNTY ROAD, DISTANT THEREON NORTH 0 DEG. 10' 30"
WEST 159.66 FEET FROM ITS INTERSECTION WITH THE
CENTER LINE 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 DEG. 43~ 00" EAST 344.21
FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID
LAND OF GADE NORTHEASTERLY 221.05 FEET, MEASURED
ALONG SAID NORTHWESTERLY LINE AND THE
SOUTHWESTERLY PROLONGATION THEREOF, FROM SAID
CENTER LINE OF THE CALIFORNIA STATE HIGHWAY.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF
ORANGE, 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:
BEGINNING AT A POINT BEING THE INTERSECTION OF
THE CENTER LINES OF LOS ANGELES STREET (60 FEET
WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY
PLACENTIA AVENUE) (60 FEET WIDE); THENCE NORTH 0
DEG. 09' 30" EAST ALONG THE CENTER LINE OF SAID
STATE COLLEGE BOULEVARD 32.63 FEET TO AN ANGLE
POINT; THENCE SOUTH 89 DEG. 50' 30" EAST 30 FEET
AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE
OF STATE COLLEGE BOULEVARD TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0 DEG. 09' 30" WEST 15
FEET TO AN ANGLE POINT, SAID POINT BEING THE
INTERSECTION OF THE EAST LINE OF SAID STATE
COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF
SAID LOS ANGELES STREET; THENCE SOUTH 60 DEG. 43'
00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF
LOS ANGELES STREET TO AN ANGLE POINT; THENCE
NORTH 30 DEG. 16' 45" WEST 25.87 FEET TO THE TRUE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID
LAND AS DEDICATED TO THE CITY OF ORANGE BY
DEDICATION BEING RECORDED MAY 7, 1970 IN BOOK
9284, PAGE 62 OF OFFICIAL RECORDS, BEING
DESCRIBED AS:
THAT PORTION OF LOT 13 THE LOCKHART TRACT, PER
MAP RECORDED IN BOOK 4, PAGE 512 OF MISCELLANEOUS
RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS
1 AND 2 OF TRACT NO. 71, AS PER MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF THE
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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
DEG. 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 258, PAGE 59 OF SAID DEEDS; THENCE SOUTH 59
DEG. 48' 48" EAST A DISTANCE OF 34.45 FEET TO THE
POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF STATE COLLEGE BOULEVARD (FORMERLY 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, CONTINUING SOUTH 59 DEG. 48'
48" EAST A DISTANCE OF 309.76 FEET, MORE OF LESS,
TO THE NORTHWESTERLY LINE OF THE 5.25 ACRE TRACT
OF LAND CONVEYED TO HARRY JAMES BAINARD, ET UX,
TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527,
PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY;
THENCE NORTH 50 DEG. 03' 27" EAST ALONG 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 DEG. 48' 48" WEST A
DISTANCE OF 118.59 FEET TO THE BEGINNING OF A
TANGENT 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 FEET
EASTERLY OF THE CENTERLINE OF STATE COLLEGE
BOULEVARD (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 BOUNDARY OF THE CITY OF ORANGE AS
ESTABLISHED BY ANNEXATION NO. 79, ORDINANCE NO.
663, SAID BOUNDARY LINE 205.43 FEET NORTHERLY OF
THE WESTERLY PROLONGATION OF SYCAMORE AVENUE;
THENCE NORTH 89 DEG. 16' 18" WEST ALONG THE
EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23
FEET; THENCE PARALLEL AND 30 FEET EASTERLY OF THE
CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY
KNOWN AS PLACENTIA AVENUE) SOUTH 0 DEG 43' 42"
WEST A DISTANCE OF 1016.65 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL B: 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
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WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID
LOT, WEST 1025.53 FEET FORM THE NORTHEAST CORNER
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 THAT PORTION DESCRIBED
IN DEED TO THE CITY OF ORANGE RECORDED MAY 7,
1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT
LYING WESTERLY OF THE CENTERLINE OF PLACENTIA
AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON
TRACT NO. 964, FILED IN BOOK 31, PAGES 46 AND 47
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: THAT PORTION OF LOT 1 OF TRACT 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
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE POINT OF INTERSECTION OF THE
NORTH LINE OF SAID LOT 1 WITH THE CENTERLINE OF
PLACENTIA AVENUE; THENCE SOUTH 0 DEG. 09' 30"
EAST 179.99 FEET TO THE EASTERLY LINE OF SAID LOT
1.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED
IN DEED TO THE CITY OF ORANGE RECORDED MAY 7,
1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL
RECORDS.
PARCEL D: THE WESTERLY 50 FEET OF THAT PORTION
OF LOT 2 OF 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 EASTERLY OF A LINE WHICH BEGINS
AT A POINT ON THE SOUTHERLY LINE OF SAID LOT,
WESTERLY 747 FEET FROM THE SOUTHEAST CORNER
THEREOF; THENCE NORTHERLY ON A DIRECT LINE TO A
POINT ON THE NORTHERLY LINE OF SAID LOT, WESTERLY
1025.53 FEET FROM THE NORTHEAST CORNER THEREOF.
SAID 50 FOOT STRIP TO TERMINATE SOUTHERLY IN THE
NORTHERLY LINE OF LOT 13 OF THE LOCKHART TRACT,
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AS PER MAP RECORDED IN BOOK 4, PAGES 512 AND 513
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, BEING THE NORTHERLY LINE OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO CALIFORNIA
DRIVE-IN THEATERS, INC., BY DEED RECORDED APRIL
22, 1941 IN BOOK 1089, PAGE 380 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; 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. PC96-61 granting
Conditional Use Permit No. 3842, in part; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
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
5
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. 3842 be, and the same is hereby,
granted, in part, permitting swap meet operations on the City of
Anaheim portion of the Orange Drive-In Theater on the hereinabove
described real property, subject to the following conditions:
1. 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 and 2.
2. That the property owner or swap meet operator shall be
responsible for paying the full cost associated with the use
of Anaheim Police Department and/or Traffic Management Center
staff who may be needed for traffic control purposes.
3. That the property owner or swap meet operator shall contact
the Anaheim Business License Division in order to implement
the business license requirements and fees for those vendors
operating within the City of Anaheim. The property owner or
swap meet operator shall be responsible for furnishing the
requisite information to the Business License Division for
business license sales tax collection purposes.
4. That all vendors shall be located in designated vendor
locations only.
5. That prior to the commencement of the activity authorized by
this resolution, or prior to final building and zoning
inspections, or within a period of one year from the date of
this resolution, whichever occurs first, Condition Nos. 1 and
3, 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.
6. 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.
7. That this conditional use permit and all rights hereunder
shall expire and be of no further force and effect on August
20, 2001.
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
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 20th day of August, 1996.
HE CITY ~F ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0020119.01
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. 96R-149 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of August, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Felhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Tait (temporary absent)
ABSTAINED: MAYOR/COUNCIL MEMBERS: Zemel
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-149 on the 20th day of August, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of August, 1996.
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. 96R-149 was duly passed and adopted by the City Council of
the City of Anaheim on August 20th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM