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Resolution-PC 2012-035RESOLUTION NO. PC2012 -035 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2012-05606 (DEV2012- 00019) (1831 AND 1853 NORTH RAYMOND AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012- 05606, to permit a recycling facility pursuant to Section 18.60.180 of the Anaheim Municipal Code for that certain real property situated in the City of Anaheim, County of Orange, State of California, as more partiularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference; WHEREAS, these properties are currently developed with industrial buildings, located in the I (Industrial) Zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 21, 2012, at 5:00 p.m., 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 18.60 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, 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. The proposed recycling facilitiy is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.040.0402. 2. The proposed recycling facility will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because it is compatible with the adjacent industrial uses; 3. The size and shape of the site proposed for the recycling facility is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the recycling facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area; - 1 - PC2012 -035 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission 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 with respect to the request for a variance, does find and determine the following facts: WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2012 -05606 to permit a recycling facility. BE IT FURTHER RESOLVED that the Planning Commission does hereby grant Conditional Use Permit No. 2012 -05606 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by this reference 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. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 compliance with each and all of the conditions hereinabove set forth. Should any such condition, 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. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - 2 - PC2012 -035 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 21, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the ev,- nt of an appeal. A' I I'.EST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, AN A SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION IM C2PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 21, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of May, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012 -035 EXHIIBEIT a "A" DEV NO. 2012 -00019 � t I A N: 269 - 021 -16 269- 021 -17 0 50 100 0 FO E RAYMOND WAY 231' 219' E KIMBERLY AVE 215' 225' Q 0 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +l- two to five feet. 4 PC2012 -035 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE ' USINESS 1 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. Planning Department, Code Enforcement Division 2 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 -hours of being applied. Planning Department, Code Enforcement Division GENERAL 3 There shall be no pedestrian transfer of recyclable materials between the properties at 1831 N. Raymond and 1853 N. Raymond. Planning Department, Code Enforcement Division 4 The recycling facility at 1831 N. Raymond Avenue shall only operate as a "Processing Facility" as defined by A.M.C. Section 18.48.030.060. Planning Department, Planning Services Division 5 The recycling facility at 1853 N. Raymond Avenue shall only operate as a "Collection Facility" as defined by A.M.C. Section 18.48.030.020.0203. Planning Department, Planning Services Division 6 The recycling facility shall comply with all State laws pertaining to the requirements for junk dealers and recyclers. Planning Department, Planning Services Division 7 That no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 8 The 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 No. 1 (Site Plans) and Exhibit No. 2 (Floor Plans), and as conditioned herein. Planning Department, Planning Services Division EXffl CONDITIONAL USE PERMIT NO. 2012-05606 (DEV2012- 00019) -5 ET "B" PC2012 -035