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ARA1984-025RESOLUTION NO. ARA8 -25 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING ENVIRONMENTAL FINDINGS REGARDING PERMITTING AN EXISTING NONCONFORMING LAND USE TO REMAIN IN THE ANAHEIM REDEVELOPMENT PROJECT ALPHA AND PERMITTING A MINOR VARIATION FROM THE LAND USE CONTROLS OF THE REDEVELOPMENT PLAN WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (Part I of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, a Redevelopment Plan for the Anaheim Redevelopment Project Alpha (the "Project ") was approved and adopted by the City Council of the City of Anaheim (the "City ") on July 19, 1973 by Ordinance No. 3190, and amended on July 20, 1976, November 30, 1976 and January 5, 1982 by Ordinances Nos. 3567, 3631 and 4300, respectively; and WHEREAS, the Redevelopment Plan designates an Open Space land use for certain property within the Project area described as Lots 11, 12, 13, 31 and 32 (the "Existing Use Parcel") and Lots 14 and 15 (the "Expansion Parcel") in Exhibit " A " attached hereto and incorporated herein; and WHEREAS, the City Council authorized the construction and operation of a resource recovery and recycling plant with associated automobile dismantling and sale of salvaged parts on said Existing Use Parcel, pursuant to Conditional Use Permit No. 1703 granted by Resolution No. 7711-670 on October 11, 1977, Resolutions No. 7711- 669, 78R -437, 7811-560 dated October 11, 1977, July 11, 1978, and September 19, 1978, respectively, authorizing the reclassification of the zoning of the Existing Use Parcel from Residential /Agricultural to Industrial, Limited, and Ordinance No. 3915 dated October 3, 1978 amending the Municipal Code Relating to Zoning; and WHEREAS, the resource recovery and recycling plant on the Existing Use Parcel was constructed and has been operated by the owners pursuant to said Conditional Use Permit and Rezoning since 1977; and WHEREAS, the owners now desire to expand the resource recovery and recycling operation on the Existing Use Parcel to the Expansion Parcel for surface storage; and WHEREAS, the owners have petitioned the City for: 1. A General Plan Amendment changing the current General Open Space designation for Lot 13 of the Existing Use Parcel and the Expansion Parcel to General Industrial; 2. Reclassification changing the current Residential /Agricultural zoning for the Expansion Parcel to Industrial, Limited; -1- 3. A Conditional Use Permit expanding to the Expansion Parcel the resource recovery and recycling operation currently on the Existing Use Parcel; and WHEREAS, the owners have requested that the Agency: 1. Permit an Existing Nonconforming Use for the Existing Use Parcel under Section 411 of the Redevelopment Plan; 2. Grant a Minor Variation from the land use provisions of the Redevelopment Plan for the Expansion Parcel; and WHEREAS, Environmental Impact Report No. 202 for the resource recovery and recycling plant was certified and approved by the City Planning Commission and the City Council on August 29, 1977 and October 11, 1977, respectively, with the finding that potential individual and cumulative adverse environmental impacts associated with the project have been reduced to insignificant levels by appropriate mitigation measures; and WHEREAS, the City Council in adopting Ordinance No. 3919 amending th Anaheim Municipal Code changing the zoning of the Existing Use Parcel found that all conditions and requirements made as conditions precedent to making a change of the zoning to permit the operation of the resource recovery and recycling plant on the Existing Use Parcel had been complied with; and WHEREAS, the City Planning Commission caused Initial Studies to be conducted to determine whether a conditional use permit, zoning reclassification and an amendment to the land use element of the General Plan to extend the existing resource recovery and recycling operation on the Existing Use Parcel to the Expansion Parcel would have a significant individual or cumulative adverse impact on the environment; and WHEREAS, on the basis of said Initial Studies, it was concluded that the proposed actions would have no significant individual or cumulative adverse effect on the environment, and Negative Declarations were prepared and approved by the City Council on October 2 , 1984 pursuant to the California Environmental Quality Act "CEQA" and State and local guidelines adopted pursuant thereto; and WHEREAS, the Agency proposes to permit the resource recovery and recycling plant to remain on the Existing Use Parcel as an existing nonconforming use under the Redevelopment Plan, and to grant a minor variation from the land use provisions of the Redevelopment Plan for the Expansion Parcel; and WHEREAS, in connection with said proposed actions the Agency has reviewed and considered Environmental Impact Report No. 202 certified and approved for the Existing Use Parcel, and the Initial Studies and Negative Declarations approved for the Expansion Parcel; NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: 1. The Agency hereby finds and determines that the proposed actions permitting the resource recovery and recycling plant to remain as an existing nonconforming use on the Existing Use Parcel pursuant to Section 411 of the Redevelopment -2- Plan will not have a significant effect on the environment, because all environmental impacts identified in Environmental Report No. 202 and mitigation measures required therefor by the City as conditions precedent to permit the construction and operation of the plant were found to have been fully complied with by the City Council in Ordinance No. 3919 adopted on October 3, 1978. 2. The Agency hereby finds and determines that the proposed action permitting a minor variation from the land use requirements of the Redevelopment Plan for the Expansion Parcel pursuant to the provisions of the Redevelopment Plan will not have a significant effect on the environment, because the Negative Declarations approved by the City Council for Conditional Use Permit No. 2525 and Reclassification No. 83 -84 -15 found that the proposed use of the Expansion Parcel will have no significant individyal or cumulative adverse effect on the environment. 3. The Agency hereby approves and adopts Environmental Impact Report No. 202 and the Negative Declarations for Conditional Use Permit No. 2525 4nd Zoning Reclassification No. 83- 84 -15. PASSED AND ADOPTED by the Anaheim Redevelopment Agency at a duly called meeting thereof held on the 2nd day of October , 1984. CHAIRMAN ANAHEIM REDEVELOPMENT AUNCY ATTEST: AIUA J12 SECRETARY ANAHEIM REDEVELOPMENT AGENCY 160/4 -44 mD STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA84 -25 was passed and adopted at a --s regular meeting of the Anaheim Redevelopment Agency held on the 2nd day of October, 1984, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt and Roth NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Pickler AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 2nd day of October, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of October, 1984. ) 0 ��� � � //� SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) EXHIBIT "A" EXISTING USE PARCEL The land referred to as the Existing Use Parcel is situated in the State of California, County of Orange, and is described as follows: Lots 11, 12, 13, 31, and 32 of Orange Grove Acres No. 2, as shown on a map, recorded in Book 07, page 36 of Miscellaneous Maps, records of Orange County, California. EXPANSION PARCEL The land referred to as the Expansion Parcel is situated in the State of California, County of Orange, and is described as follows: Lots 14 and 15 of Orange Grove Acres No. 2 as shown on a map recorded in Book 07, page 36 of Miscellaneous Maps, records of Orange County, California.