Resolution-PC 2008-104RESOLUTION NO. PC2008-104
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATNE DECLARATION AND
APPROVING CONDiTIONAL U5E PERMIT NO. 2007-05236
(500 SOUTH WALNUT STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit to permit an existing concrete batching plant with outdoor tnick
parking, repair, storage and staging activities on certain real property situated in the City of
Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, the property proposed for the concrete batching plant is currently
developed with an unpermitted concrete batching plant with outdoor truck parking repair,
storage and sCaging activities located in the 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 October 27, 2008, at 2:30 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, to hear and consider evidence for and against said proposed
conditional use permik and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said CommSssion, after due inspeclion, investigation and study made
by itself and in its behalf, and after due consideration of aA evidence and reports offered at said
hearing, does find and determine the following facts:
1. That a concrete batehing plant and outdoor truck parking, repair, storage and
sCaging activikies in the Industrial (n zane is properly ane for which a condiCional use permit is
authorized by Anaheim Municipal Code Section 18.10.030.040 (Industry-General and Outdoor
Storage Yards).
2. That the concrete batching plant would not adversely affect the adjoining
residential, school and park land uses and the growth and development of the area in which it is
proposed to be located because access to the site would be limited to Manchester Avenue and
substantial site improvements are proposed to provide a visual and sound buffer between the
subject and adjacent properties.
3. That the size and shape of the site for the concrete batching plant is adequate to
allow the full development of the proposed use in a manner not detrimental Co the particular area
nor to the 1~ealth, safety and general welfare of the public because theie is adequate site area to
accommodate the relocation of outdoor activities, relocate the access driveway and provide
substantial landseape buffer. ~
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4. That the traffic generated by the concrete baCCi~ing plant would noC impose an _. ,__
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the number of cars and tnicks entering and exiting the site are consistent with a
rypical industrial business that would be permitted as a matter af right within the Industrial~zone.
5. That three persons spoke in favor and That a person indicaYed tbeir presence aC said
public hearing in opposition; and that no carrespondence was received in oppasition to the
subject petition.
NOW THEREFORE B8 IT RESOLVED that khe Anaheim Planning Commission
has reviewed the proposal and does hereby find that a Negative Declaration is adequate to serve
as the required environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission, for the
reasons hereinabove stated, does hareby approve Conditional Use Permit No. 2007-05236
subject to the following conditions of approval described in Exhibit "B" attached hereto and
incorporated 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 health, 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 Che use. Ame~dments, modifications and revocations of this permit may be
processed in accordance with Chapters 1$.60190 (Amendmant of Perznit Approval) and
18.60200 (Ciry-InitiaYed Revocation or Modification of Permits) of the Anabeim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of ttiis Resolution is expressly predioated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condirion, or any part thereof, be declared invalid or unenforceable by the final judgment of
any aourC of competent jurisdiction, Yhen this Resplutinn, and any approvals herein contained,
shall be deemed nnll and void.
BE IT FURTHER RESOLVED Yhat Che 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 or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval oflhis application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 27, 2008. Said resolution is subject to the appeal provisions set fprth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN
ATTEST:
ANAHEIM PLANNING COMMISSION
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on October 27, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
November, 2008.
'~'~~ ~_
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2007-05236
ff
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2007-05236
' RESPONSIBLE '
FOR
NO. CONDITIONS OF APPROVAL MONITORING
TIMING : N'ITHINSIXTY(60) DAYS FROMTtFEDATE OF''THISRESOLUTIO N
1 That the applicant shall construct an eight foot high, decorative masonry Planning
wall along the south property line. If the Building Division determines
that the existing wail is structurally capable of accommodating the weight
of additional courses of block, the applicant may increase the height of the
existing wall to eight feet. Such extension must be of similar material,
color and texture as the exisCing wall.
2 That two rows of 24-inch box sized Carrotwood trees, or similar species, Planning
shall be planted along the south property line as shown on Exhibit No. 1.
All landscape areas shall be imgated.
3 That a trash enclosure shall be constructed per Exhibit No. 1. The owner Public Works
shall obtain the appropriate permits for said enclosure.
4 That the applicant shall submit street improvement plans and obtain a Right Public Works
of Way Conshuction Permit from the Public Works Deparhnent,
Development Services Division, for:
e Removal and reconstruction of the pedestrian ramp at khe southeast
comer of the intersection of Walnut Street and Santa Ana Street such
that an accessible ramp is reconstructed entirely within the City
right-of-way per Engineering Standazd Detail ll 1-3.
• Construcrion of an accessible pedestrian ramp at the southwest
comer of the intersection of Santa Ana Street and Manchester
Avenue to be constructed entirely within the City right-of-way per
Engineering Standard Detail 111-3.
• Removal and relocation of the most southerly driveway approach
along Manchester Avenue per Engineering Standazd Detail 115-B.
o Removal of the driveway approach along Santa Ana Street to be
replaced with curb and gutter per Engineering Standard Detail 120.
e Improvement of the right-of-way along Manchester Avenue to
r
inchide a parkway and sidewalk adjacent to the existing curb to
the satisfaction of the City Engineer.
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~
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
5 That the applicant shall submit to the Public Works Depariment, Pul~lic Works
Development Services Division, for review and approval a Water Quality
Management Plan CUat:
• Addresses Site Design Best Management Pracrices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
direcfly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
o Incorporates the applicable Rourine Source Control BMPs as defined
in the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for
the Treatment Control BMPs.
o Identifies the entity that will be responsible for long-term operation
and maintenance of the Treatment Control BMPs, and
o Describes the mechanism for funding the long-kerm operarion and
maintenance of the Trealment Control BMPs.
6 That the appliaant shall submit to the Public Works DepartmenC, Public Works
Developme~t Services Division, for review and approval a grading plan tt~at
addresses surface run-off: The grading plan shall be consistent with the
Right of Way Construcrion Permit required by Condition No. 4. The
applicant shall prepare and implement a Stormwater Pollution Prevention
Plan (SWPPP). A copy of tbe cnnenC SWPPP shall be kept at the project
site.
7 That the property owner shall submit a letter requesting termination of Planning
Conditional Use Permit No. 1052 to the Planning Department, Planning
Services Division.
8 That the applieant shaA paint all buildings and fences in a neutral and Planning
consistent color.
TIMING : WITHINSIX (6) MONTHS FROM THE A.4TE OF THIS RESOL UTION
9 That subject properiy shall be developed substantially in accoxdance with Planning
plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are pn file with the Planning Department
mazked Exhibit No. 1, and as conditioned herein.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
10 That the applicant shall obtain final grade certification and: Public Works
• Demonstrate that all structural BMPs described in the Project
WQMP have been constmcted and installed in conformance with
approved plans and specifications.
• DemonsCraCe tl~at the applicant is prepared Co implement all non-
structural BMPs described in tt~e Project WQMP
o Demonstrate that an adequate number of copies of the approved
Project WQMP are available onsite.
• Submit for review and approval by the Ciry an Operation and
Maintenance Plan for all stntctural BMPs.
• Comply with operarion and maintenance requixements fnr the
Treatment Control BMPs
1 I That the rigtat-of-way improvements, identified in Condition No. 4, shall Public Works
be completed, witb the excepCion of the following:
o Improvement of the right-of-way along Manchester Avenue to
include a parkway and sidewalk adjacent to the existing curb to
the satisfaction of the City Engineer.
TIMING: WITHIN ONE(1) YEAR FROM'THE DA:TE OF THIS RESOLUTION
12 That, as required in Condition No. 4, improvement of the right-of-way Public Works
along MancbesCer Avenue to include a parkway aud sidewalk adjacent to
the existing curb to the satisfacCion of the City Engineer shall,be
completed.
GENERAL
13 That the hours of operation for concrete batching and outdoor activities Planning
shall be limited to 5 a.m. to 7 p.m. Offiee and administraCive acYivities
conducted indoors are not subject to the limitation on the hours of Code
operation. Enforcement
14 That parking along the south property line shall be limited to employee Planning
parking and that commercial trucks shall not be permitted to park in this Code
area.
Enforcement
r
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL 1VIONITORING
15 That the business owner shall implement a staggered loading and truck Planning
start up schedule as described in the submitted letCer of operations. As
stipulated by the applicant, diesel trucks will not start up more than five Code
minutes prior Yo seheduled loading time. Enforcement
16 That all trucks must be pazked and stored in designated truck parking Planning
spaces and that no more than 27 trucks shall occupy the subject property
since 27 truck parking spaces will be provided. This includes concrete Code
delivery trucks and trucks used for delivery of raw materials. Enforcement
17 That a gate shall be provided at the driveway entrance on Manchester Planning
Avenue and said gate shall be closed during the hours of 7 p.m. Co 5 a.m
Code
Enforcement
18 That the applicant shall submit copies of all Air Quality Management Planning
District permits to the Planning Department, Planning Services Division
on an annual basis.
19 That no vehicular aecess shall be kalcen from Walnut Street or SanYa Ana Public Works
Street.
30 The timing for compliance with conditions of approval may be amended Planning
by the Planning Director upon a showing of good cause provided (i)
equivalant timing is esYablished Chat satisfies the nriginal intent and
purpose of the conditfion(s), (ii) tbe madification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved
developmenC.
21 That approval of this application constihates approval of the proposed Planning
request only Co the extent that it complies with Che Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations.
Approval does not inetude any action or findings as to compliance or
approval of the request regarding any other applicable ordinance,
regulation or requirement.
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