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86R-395 RESOLUTION NO. 86R-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING CONDITIONAL USE PERMIT NO. 2525 BY ADDITION OF CONDITIONS AND AMENDING RESOLUTION NO. 84R-299. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution 84R-299 granting Conditional Use Permit No. 2525 subject to certain conditions specified therein; and WHEREAS, pursuant to Section 18.03.091 of the Anaheim Municipal Code, the City Council caused a public hearing to be noticed for August 19, 1986, to consider whether Conditional Use Permit No. 2525 should be modified or terminated due to activities being carried on in violation of said use permit and in violation of state and local laws and ordinances; and WHEREAS, pursuant to Section 18.03.091 of the Anaheim Municipal Code, the City Council caused notice of said public hearing to be served by U.S. Mail upon all known owners, holders, user and/or permittees of Conditional Use Permit No. 2525; and WHEREAS, said hearing was twice continued, first to August 26, 1986, at the request of the permittee and again to September 2, 1986; and WHEREAS, the City Council at such duly noticed and continued public hearing did receive and consider evidence, both oral and documentary, related to said issue of modification or termination of Conditional Use Permit No. 2525; and WHEREAS, the City Council hereby finds and determines pursuant to Section 18.03.092 of the Anaheim Municipal Code, based upon the evidence submitted at the hearing, that: 1. The permit is being exercised contrary to the terms and conditions of such approval; 2. The permit granted is being exercised in violation of state and local laws and ordinances; 3. The use for which the permit was granted has been so exercised as to be detrimental to the public health, safety and welfare; and 4. Imposition of the following additional conditions is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval imposed in Resolution 84R-299 be, and the same are hereby, amended by the addition of the following conditions sequentially numbered after the existing conditions: "11. That as of September 3, 1986, no new shredder waste shall be stored on subject property or other property under the control of Orange County Steel Salvage. All new shredder waste shall be kept separate from the existing pile already located on subject property and adjacent parcels. All new shredder waste IS to be removed from the premises daily and disposed of in a legal manner. 12. That on a weekly basis, the operator of Orange County Steel Salvage shall submit copies to the Planning Department (specifically, to the Code Enforcement and Housing Supervisor) of all manifests which document the shipment of shredder waste from the premises. (During the public hearing held on September 2, 1986, the operator stated that one thousand (1,000) tons of shredder waste is produced monthly at this facility; therefore, manifests should indicate the shipment of at least one thousand (1,000) tons of shredder waste per month.) 13. That by December 2, 1986, the operator of Orange County Steel Salvage shall submit a written plan to the Planning Department (specifically, to the Code Enforcement and Housing Supervisor) describing the specific means and scheduling, including the estimated date of completion, for the removal of the existing shredder waste pile. 14. That the operator of Orange County Steel Salvage shall, when requested, allow inspection of subject property and other adjacent property under the control of Orange County Steel Salvage, during normal business hours and by City of Anaheim and/or State of California Department of Health Services staff. Such inspection shall be for the purpose of determining whether the operator is complying with the conditions herein and other applicable codes. 15. That by December 2, 1986, the operator of Orange County Steel Salvage shall prepare a written plan for the future treatment and removal of all shredder waste so that none is stored on subject property or adjacent properties. A copy of said plan shall be filed with the Planning Department." BE IT FURTHER RESOLVED that except as expressly amended herein, Resolution No. 84R-299 shall remain in full force and effect. -2- .,..",."..."..." .~'"~..,,,__,,.~.,~=._"..,.."..c"~'_''''~;;'_''~'~'''''''_~.' .-...-__~ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of September, 1986. ATTEST: V CITY CLE1fr W''i'lffo'b ~ 'F~M JWF:fm 5774M 100286 -3- ""----~........-..--."..~~-~='"~. ,~,~-".,... ..,',.~._.--""'..". ,~-_.. '~'''-;''''"''''''''''-_''''_~-'''''%'''''._,..,-,-"..-"",,'''~f"o..... "-__'''''''"C',' .~._.__._,__~__ CLERK STATE OF CALIFORNIA ) COUNTY OF CRANGE ) ss. CIIT OF ANAHEIM ) I, LEDroRA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-395 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of September, 1986, by the following vote of the members thereof: AYES: NOES: OJUNCIL MEMBERS: Kaywood, Overholt and Bay CCXJNCIL MEMBERS: Pickler and Roth ABSENT : mUNCIL MEMBERS: None AND I FUR'I'HER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-395 on the 2nd day of September, 1986. l.J.~ WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of September, 1986. ~~ ;? S;~ CrIT CLERK OF '!HE CIIT OF ANAHEIM (SEAL) I LEDI'mA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-395 duly passed and adopted by the Anaheim City Council on September 2, 1986. ~ciIT~~