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83R-457 ---. RESOLUTION NO. 83R-457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO . 24 7 4 . WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ORANGE COUNTY W~TER DISTRICT, owner, and BLAIR PAVING, INC., agent, to permit a p~rtab1e asphalt concrete plant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: BEING A PORTION OF LOTS 23 AND 24, OF BLOCK 36 IN THE YORBA LINDA TRACT AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TaB CENTERLINE OF RICHFIELD ROAD, 50 FEET WIDE AT ITS INTERSECTION WITH THE CENTERLINE OF LA PALMA AVENUE 60 FEET WIDE. THENCE SOUTH 00 11' 32" EAST ALONG THE CENTERLINE OF SAID RICHFIELD ROAD, 1908.6 FEET MORE OR LESS TO ITS INTERSECTION WITH A CHAIN LINK FENCE. SAID INTERSECTION POINT BEARS NORTH 00 11' 3211 WEST ALONG SAID CENT~RLINE, 20.93 FEET FROM A 3/4 INCH IRON PIPE TAGGED L.S. 3255 MARKING THE INTERSECTION OF SAID CENTERLINE WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON A MAP RECORDED IN BOOK 89, PAGE 41, RECORDS OF SURVEYS, COUNTY OF ORANGE, STATE OF CALIFORNIA. SAID FENCE LINE POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE NOW EXISTING FENCE LINES, THE FOLLOWING COURSES AND DISTANCES: SOUTH 530 11' 50" WEST, 35.01 FEET; SOUTH 510 50' 1211 WEST, 381.56 FEET; NORTH 260 16' 4411 WEST, 356.27 FEET; AND NORTH 550 01' 2411 EAST, 365.42 FEET TO A POINT ON THE WEST LINE OF A ONE ACRE PARCEL ON THE WEST SIDE OF RICHFIELD ROAD AS SHOWN ON SAID RECORD OF SURVEY 89-41. THENCE LEAVING SAID FENCE LINE AND WESTERLY LINE OF SAID ONE ACRE PAR- CEL, SOUTH 750 10' 56" EAST, 26.85 FEET TO THE SOUTH- WESTERLY CORNER OF A WOVEN WIRE FENCE ENCLOSING A YORBA LINDA WATER DISTRICT WELL SITE. THENCE ALONG LAST SAID FENCE THE FOLLOWING COURSES AND DISTANCES: NORTH 880 55' 08" EAST, 73.09 FEET; NORTH 320 30' 1911 EAST, 86.64 FEET; AND NORTH 00 03' 5211 WEST, 25.35 FEET TO THE IN- TERSECTION OF A CHAIN LINK FENCE WHICH BEARS NORTH 700 05' 0811 EAST. THENCE ALONG LAST SAID FENCE NORTH 700 05' 08" EAST, 68.59 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID RICHFIELD ROAD. THENCE SOUTH 00 11' 32" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 208.25 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE AND CONTINUING ALONG AN EXISTING CHAIN LINK FENCE, THE FOLLOWING COURSES AND DISTANCES: NORTH 820 14' 55" -1- --""'"~~'''''''--'''''-''''' EAST, 133.56 FEET; SOUTH 080 11' 16" EAST, 73.86 FEET; AND SOUTH 530 11' 5011 WEST, 208.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.33 ACRES, MORE OR LESS; 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. PC83-152 denying Conditional Use Permit No. 2474; and WHEREAS, the~eafter, 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 conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. -2- _.,",-._...,...~..._...,_....-.,~" NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2474 be, and the same is hereby, granted permitting a portable asphalt concrete plant on the hereinabove described real property, subject to the following conditions: 1. That the owner shall file a request for abandonment of Richfield Road from approximately 650 feet south of the centerline of La Palma Avenue to its southerly terminus. If this abandonment is approved by the City Council, the owner shall dedicate to the City a strip of land 32 feet from centerline along Richfield Road to the new terminus of Richfield Road and a cul-de-sac as required by the City Engineer for street and public utility purposes. The owner shall then complete the public improvements on Richfield Road and shall construct 24 feet of asphalt pavement from the cul-de-sac southerly to the subject site. If the abandonment of Richfield Road is denied by the City Council, the owner shall construct thirty (30) feet of asphalt pavement to the City Engineer's specification from the existing terminus of Richfield Road to the subject site. If this use then continues beyond five years, the owner shall complete the construction of full public street improvements on Richfield Road. 2. That, except as herein provided, subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That fire hydrants shall be installed and charged as required by the Fire Marshal. 4. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for open acreage. 5. That Richfield Road be paved from the plant all the way down to La Palma Avenue. 6. That Saturday operations shall be limited to a maximum of fifteen (15) days in anyone-year period. 7. That vegetation at the corner of Richfield Road and La Palma Avenue (southwest corner) shall be cleared by the operator to improve visibility. 8. That there shall be no ingress or egress from the levee road from the plant to Tustin Avenue. 9. That the maximum number of daily truck trip ends on the property will be 288 (each truck entry or exit of the property shall constitute a separate trip end) . -3- ._,,-,....~-,..,-~...""" 10. That starting time shall be no earlier than 7:00 a.m. of any day. 11. That a scre,n of Eucalyptus trees shall be planted along the river to screen the plant from the residential area across the river. 12. That the ditt piles on the property south of the operation remain in place as a noise mitigation measure. 13. That Condition Nos. 1 through 5 and 7, 11 and 12, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 14. That this conditional use permit shall be automatically reviewed by the City Council approximately one (1) year from the date hereof to deter~ine whether further proceedings may be necessary pursuant t~ Section 18.03.091 of the Anaheim Municipal Code; nothing contaimed herein shall limit the right of the City to review, modify or terminate said permit at any time as otherwise provided in the Anaheim Municipal Code. BE IT FURTH~R RESOLVED that the City Council does hereby find and determine t~at 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,I 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 City Council 1983. FOREGOING RESOLUTION is approved and adopted by the of the City of Anaheim this 29th day of November, A~~ MAyQl( OF THE CITY' OF A AHEIM - ATTEST: ~;~~NAHEIM JLW: fm 1938M 1/12/84 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-457 was introduced and adopted at a regular meeting provided by law. of the City Council of the City of Anaheim held on the 29th day of November, 1983, by the following vote of the members thereof: -, AYES: COUNCIL MEMBERS: Overholt. Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-457 on the 29th day of November, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of November, 1983. C~OF~~ (SEAL) I, LINDA D. ROBERTS. City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-457 duly passed and adopted by the Anaheim City Council on November 29, 1983. ~JL/~ I CITY CL RK _ '- _.~."...-._."