PC 2012/03/12
City of Anaheim
Planning Commission
Agenda
Monday, March 12, 2012
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairman: Peter Agarwal
• Chairman Pro-Tempore: Victoria Ramirez
• Commissioners: Stephen Faessel, Michelle Lieberman,
Harry Persaud, John Seymour, (One Vacancy)
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim website www.anaheim.net/planning on Thursday,
March 8, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
03/12/12
Page 2 of 6
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
03/12/12
Page 3 of 6
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2011-05573
VARIANCE NO. 2011-04870
(DEV2011-00092)
Location: 1929 - 1937 South Manchester Avenue
This is a City-initiated proposal to permit a parking lot with
landscape setbacks, vehicular circulation, parking space
dimensions, and parking lot landscaping that is less than
required by Code. Upon transfer of ownership to the
adjacent property owner, the parking lot would serve the
adjacent Holiday Inn and Staybridge Suites as replacement
parking for spaces lost due to construction of the Gene
Autry overpass.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 3
(New Construction), Class 5 (Minor Alterations) and
Class 11 (Accessory Structures).
Continued from the November 7, 2011, December 19, 2011,
January 18, 2012 and February 27, 2012 Planning
Commission meetings.
Resolution No. ______
Project Planner:
Ted White
twhite@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2011-05588
(DEV2011-00140)
Location: 3361 East Miraloma Avenue
The applicant requests to permit a private physical fitness
facility in conjunction with an existing recording studio.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
Continued from the February 27, 2012 Planning
Commission meeting.
Resolution No. ______
Project Planner:
David See
dsee@anaheim.net
03/12/12
Page 4 of 6
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2001-04412
(DEV2011-00141)
Location: 1120 North Richfield Road
The applicant requests reinstatement of an existing
concrete processing facility and to amend the permit by
extending an existing time limitation.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
Resolution No. ______
Project Planner:
Scott Koehm
skoehm@anaheim.net
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2011-05587
PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00083
(DEV2011-00139)
Location: 410 South Euclid Street, Suite 7
The applicant proposes to permit the sale of alcoholic
beverages for off-premises consumption in an existing
convenience market (OC Mini Market).
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
Resolution No. ______
Resolution No. ______
Project Planner:
David See
dsee@anaheim.net
Adjourn to Monday, March 26, 2012 at 5:00 p.m.
03/12/12
Page 5 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
5:00 p.m. March 7, 2012_
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to
all members of the public. The City prohibits discrimination on the basis of race, color, or
national origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and
regulations adopted in implementation thereof.
Any person who requires a disability-related modification or accommodation, including
auxiliary aids or services, in order to participate in the public meeting may request such
modification, accommodation, aid or service by contacting the Planning Department either
in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at
(714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled
meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza ,
color u origen nacional en cualquier programa o actividad que reciba asistencia financiera
federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos
alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección
202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las
normas federales y reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo
medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar
dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria
de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o
por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la
reunión programada.
03/12/12
Page 6 of 6
S C H E D U L E
2012
March 26
April 9
April 23
May 7
May 21
June 4
June 18
July 2
July 16
July 30
August 13
August 27
September 10
September 24
October 8
October 22
November 5
November 19
December 3
December 17
December 31
RM-4FOURPLEX
RM-4FOURPLEX
RM-4FOURPLEX
RM-4APTS20 DU
RM-4APTS24 DU
I (PTMU)INDUSTRIAL
RM-4FOURPLEX
SP 92-2DA1HOLIDAY INNANAHEIM RESORT
I (PTMU)VACANT
SP 92-2 (MHP)DA1PLANTATIONMOBILE ESTATES
RM-4APTS20 DU
SP 92-2DA1STAYBRIDGESUITESANAHEIM
C-GRETAILRM-4FOURPLEX
RM-4APTS8 DU
RM-4APTS12 DU
T (MHP)DEL RAYMOBILE ESTATES
SP 92-2DA1VACANT
RM-4APTS8 DU
SP 92-2DA1
FUTURE GENE AUTRYWAY OVERPASS
S
A
N
T
A A
N
A F
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E
E
W
A
Y
S
A
N
T
A A
N
A F
R
E
E
W
A
Y
S M
ANCHESTER AVE
S AN
AHEIM W
AY
E LEATRICE LN
E RIVERA LNVIA KONAE LEATRICE LN
E WAKEFI EL D AV E
E TANGERINE LN
VIA TAHITI
E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE
S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE
W. DISNEY WAY
1 9 2 9 So uth Manches ter Avenue
D E V N o. 2011-00092
Subject Property APN: 137-321-33137-321-34
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 10
FUTURE GENE AUTRYWAY OVERPASS
S M
ANCHESTER AVE
S AN
AHEIM W
AY
E LEATRICE LN
CITRU S DR
E RIVERA LNVIA KONAE
E LEATRICE LN
E WAKEFI EL D AV E
E TANGERINE LN
VIA TAHITI
E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE
S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE
W. DISNEY WAY
1 9 2 9 So uth Manches ter Avenue
D E V N o. 2011-00092
Subject Property APN: 137-321-33137-321-34
ATTA CHMENT NO. 1
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Feet
Aeria l Pho to:May 20 10
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
S P 9 4 -1
Z U M A B U S IN E S S P A R KSP 9 4 -1
D A 1
R E T A IL
S P 9 4 -1
D A 1
IN D U S T R IA L
S P 9 4 -1
D A 1
Z U M A B U S IN E S S P A R K
SP 94-1DA1INDUSTRIAL
S P 9 4 -1
D A 1
S E R V IC E S T A T IO N
S P 9 4 -1
D A 1
IN D U S T R IA L
S P 9 4 -1
D A 2
V A C A N T
S P 9 4 -1
D A 1
S IN G L E F A M IL Y R E S ID E N C E
S P 9 4 -1
D A 1
O F F IC E S
N MI
L
L
ER STE M IR A LO M A A V EN DYNAMI
CS STE . M IR A L O M A A V E
E . L A P A L M A A V E
E . O R ANGETHORPE AVE
N. TUS
TIN AVEN.
KRAEMER BLVDE. CROWTHER AVE
3 3 6 1 Ea st Miraloma Avenue
D E V N o. 2011-00140
Subject Property APN: 345-072-17
ATTA CHMENT NO. 1
°0 50 100
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Aeria l Pho to:May 20 11
N MI
L
L
ER STE M IR A LO M A A V EN DYNAMI
CS STE . M IR A L O M A A V E
E . L A P A L M A A V E
E . O R ANGETHORPE AVE
N. TUS
TIN AVEN.
KRAEMER BLVDE. CROWTHER AVE
3 3 6 1 Ea st Miraloma Avenue
D E V N o. 2011-00140
Subject Property APN: 345-072-17
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2012-012
RESOLUTION NO. PC2012-012
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011-05588
(DEV2011-00140)
(3361 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission") did receive a verified petition for a conditional use permit to permit a
private physical fitness facility in conjunction with an existing recording studio, for that certain
real property located at 3361 East Miraloma Avenue in the City of Anaheim, County of Orange,
State of California, as more particularly shown on Exhibit “A” attached hereto and incorporated
herein by this reference; and
WHEREAS, the 0.83-acre property is currently developed with a 43,572 square
foot industrial building and is located in the SP94-1; Development Area 1 (Industrial Area) zone;
the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the Planning Commission did schedule a public hearing at the
Civic Center in the City of Anaheim on February 27, 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, to hear and consider evidence for and against
the proposed amendment to said conditional use permit and to investigate and make findings
and recommendations in connection therewith, and the item was continued to the March 12,
2012 meeting due to a lack of quorum at the February 27 meeting; and
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 conditional use permit, does find and
determine the following facts:
1. The request to permit a private physical fitness facility in conjunction with an
existing recording studio is properly one for which a conditional use permit is authorized under
Code Section No. 18.08.030.010 (Recreation-Commercial Indoor) of the Anaheim Municipal
Code.
2. The proposed 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 will be
integrated into an existing tenant space and no outdoor activity is proposed.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because there will be an adequate number of parking
spaces available to support the existing and proposed uses on the property.
- 2 - PC2012-012
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 because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
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 because the proposed use will be similar to
other uses in the area and activities would occur entirely within the building space.
WHEREAS the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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. 2011-05588 (DEV2011-
00140) to permit a private physical fitness facility in conjunction with an existing recording
studio.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby grant Conditional Use Permit No. 2011-05588, 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. Extensions for
further time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval
may be amended by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies the original intent and purpose of the condition (s), (ii) the
modification complies with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or 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
- 3 - PC2012-012
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 12, 2012.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-012
- 5 - PC2012-012
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2011-05588
(DEV2011-00140)
NO. CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1 No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Code
Enforcement
2 The proposed wrestling training facility shall not operate
during those hours when the primary use of the site (currently
a recording studio) is in operation, unless alternate parking
arrangements are reviewed and approved by the City.
Planning
3 The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1-4, and as
conditioned herein.
Planning
ATTACHMENT NO. 3
CUP2011-05588
GLOBAL MEDIA PHOTOS
ATTACHMENT NO. 4
ATTACHMENT NO. 5
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
SP 94-1 (SC)O.C.F.C.D.
SP 94-1 (SC)DA6O.C.F.C.D.
RECHAR
G
E
B
A
SI
N
SP94-1HUCKBERRY POND
SP 94-1HUCKBERRY POND
SP 94-1OPENSPACE
SP 94-1OPENSPACECONROCK BASIN
SP 94-1OPENSPACECONROCK BASIN
N RICHFIELD RDN FEE ANA STE. LA PALMA AVEN. TUST
I
N
AVE
E . R IV E R D A L E AVE
E. MIRALOMA AVE
E. SANTA ANA CANY O N R DN.
LAKEV
IEW
AVEN. KELLOGG DR1120 North Richfield Rd
DEV No. 2011-00141
Subject Property APN: 346-092-03
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2011
TEXPANDEDINDUSTRIALAREA
TEXPANDEDINDUSTRIALAREA
N RICHFIELD RDN FEE ANA STE. LA PALMA AVEN. TUST
I
N
AVE
E . R IV E R D A L E AVE
E. MIRALOMA AVE
E. SANTA ANA CANY O N R DN.
LAKEV
IEW
AVEN. KELLOGG DR1120 North Richfield Rd
DEV No. 2011-00141
Subject Property APN: 346-092-03
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2011
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2012-013
RESOLUTION NO. PC2012-013
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
REINSTATING AND AMENDING CONDITIONAL USE PERMIT NO. 2001-04412
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2006-100
(DEV2011-00141)
(1120 NORTH RICHFIELD ROAD)
WHEREAS, on August 13, 2001, the Anaheim City Planning Commission
(hereinafter "Planning Commission) did, by its Resolution No. PC2001-113, grant Conditional
Use Permit No. 2001-04412, to retain a concrete processing facility with an expiration date of
August 13, 2006; and
WHEREAS, on November 13, 2006, the Planning Commission did, by its
Resolution No. PC2006-100, amend Condition No. 1 of Resolution No. PC2001-113 specifying
that the conditional use permit would expire on August 13, 2011; and
WHEREAS, Conditional Use Permit No. 2001-04412 did expire, by its own
terms, on August 13, 2011; and
WHEREAS, the Planning Commission did receive a verified petition to reinstate
and amend Conditional Use Permit No. 2001-04412 to delete Condition No. 1 of Resolution No.
PC2006-100 pertaining to a time limitation, for that certain real property located at 1120 North
Richfield Road in the City of Anaheim, County of Orange, State of California, as more
particularly shown on Exhibit “A” attached hereto and incorporated herein by this reference; and
WHEREAS, the 5.85-acre property is currently developed with a concrete
crushing and processing facility and is located in the SP94-1; Development Area 6 (Open Space
Area) zone; the Anaheim General Plan designates the property for Open Space - Parks land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 12, 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, to hear and consider evidence for and against the proposed
reinstatement and amendment to said conditional use permit and to investigate and make
findings and recommendations in connection therewith; and
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 to reinstate and amend this conditional use
permit, does find and determine the following facts:
- 2 - PC2012-013
1. The request for reinstatement of this permit by modification or deletion of a
condition of approval pertaining to a time limitation to retain a concrete crushing and processing
facility is properly one for which a conditional use permit is authorized under Sections
18.120.110 (Land Use and Development Standards - Open Space Area, Development Area 6)
and 18.60.180 (Reinstatement of a Time-Limited Permit) of the Anaheim Municipal Code.
2. The proposed reinstatement for the concrete crushing and processing 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 the facility already exists and is being operated in
conformance with all conditions of approval.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because the facility already exists and has operated
in a manner consistent with this finding and no expansion is proposed.
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 because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
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 because the proposed use is isolated away
from residences and businesses.
WHEREAS the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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 reinstate and amend Conditional Use Permit No. 2001-04412 to
retain a concrete crushing and processing facility.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend and restate the conditions of approval of Resolution No. PC2006-100, as stated in Exhibit
“B” attached hereto and incorporated herein by this reference, which conditions 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. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended
by the Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition (s), (ii) the modification
complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
- 3 - PC2012-013
BE IT FURTHER RESOLVED, that 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 12, 2012.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-013
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-013
- 6 - PC2012-013
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2001-04412
(DEV2011-00141)
NO. CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1 Deleted
2 The hours of operation shall be from 7:00 a.m. to 3:30 p.m.
Monday through Friday
Planning
Services,
Planning
Department
3 Applicant shall continually employ methods (Best
Management Practices) of preventing dust and incidental
debris from being tracked off-site by vehicles (truck traffic).
Public
Works
4 That within 120 days of the day of approval of this
Conditional Use Permit renewal request, the City and Copp
Crushing shall develop a pavement mitigation plan to address
pavement deterioration on Richfield Road resulting from
truck traffic associated with the concrete crushing and
processing operations. The operator shall then implement all
measures identified in accordance with the provisions of said
plan.
Public
Works
5 The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit No. 1, and as
conditioned herein.
Planning
Services,
Planning
Department
6 The approval of this applicant 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.
Planning
Services,
Planning
Department
ATTACHMENT NO. 3
RESOLUTIONNOPC2001113ARESOLUTIONOFTHEANAHEIMCITYPLANNINGCOMMISSIONTHATPETITIONFORCONDITIONALUSEPERMITNO200104412BEGRANTEDFORFIVE5YEARSTOEXPIREAUGUST132006WHEREAStheAnaheimCityPlanningCommissiondidreceiveaverifiedPetitionforConditionalUsePermitforcertainrealpropertysituatedintheCityofAnaheimCountyofOrangeStateofCaliforniadescribedasPARCEL5THOSEPORTIONSOFLOTS22AND23INBLOCK35OFYORBALINDATRACTINTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASPERMAPRECORDEDINBOOK5PAGES17AND18OFMISCELLANEOUSMAPSINTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTYDESCRIBEDASFOLLOWSBEGINNINGATAPOINTONTHEEASTLINEOFSAIDLOT22SAIDLINEBEINGCONSIDEREDFORTHISDESCRIPTIONASTHECENTERLINEOFTHATCERTAINUNNAMEDSTREETSHOWNONTHEEASTSIDEOFSAIDLOT22COMMONLYKNOWNASFEEANASTREETSOUTH0DEGREES1225EAST28480FEETFROMTHENORTHEASTCORNEROFLOT22SAIDPOINTALSOBEINGTHENORTHEASTCORNEROFTHELANDDESCRIBEDINDEEDRECORDEDDECEMBER31937INBOOK919PAGE221OFOFFICIALRECORDSTHENCESOUTH0DEGREES1225EAST5781FEETTOAPOINTINTHENORTHTOEOFTHENORTHDIKEOFTHESANTAANARIVERTHENCESOUTH51DEGREES5020WEST97311FEETALONGSAIDNORTHTOETOTHECENTERLINEOFRICHFIELDROADTOAPOINTSOUTH0DEGREES0710EAST28480FEETFROMTHENORTHLINEOFSAIDLOT22THENCENORTH89DEGREES4605EAST76630FEETTOTHEPOINTOFBEGINNINGWHEREAStheCityPlanningCommissiondidholdapublichearingattheCivicCenterintheCityofAnaheimonAugust132001at130pmnoticeofsaidpublichearinghavingbeendulygivenasrequiredbylawandinaccordancewiththeprovisionsoftheAnaheimMunicipalCodeChapter1803tohearandconsiderevidenceforandagainstsaidproposedconditionalusepermitandtoinvestigateandmakefindingsandrecommendationsinconnectiontherewithandWHEREASsaidCommissionafterdueinspectioninvestigationandstudymadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreportsofferedatsaidhearingdoesfindanddeterminethefollowingfacts1ThattheproposeduseisproperlyoneforwhichaconditionalusepermitisauthorizedbyAnaheimMunicipalCodeSections1803030and18110110toretainaconcreteprocessingfacility2Thatthesizeandshapeofthesitefortheproposeduseisadequatetoallowfulldevelopmentoftheproposeduseinamannernotdetrimentaltotheparticularareanortothepeacehealthsafetyandgeneralwelfare3Thatthetrafficgeneratedbytheproposedusewillnotimposeanundueburdenuponthestreetsandhighwaysdesignedandimprovedtocarrythetrafficinthearea4ThatgrantingofthisconditionalusepermitundertheconditionsimposedwillnotbedetrimentaltothepeacehealthsafetyandgeneralwelfareofthecitizensoftheCityofAnaheimandthattheusewasestablishedatthislocationunderConditionalUsePermitNo2113whichwasapprovedin1980withatimelimitationCR5164PKdoc1PC2001113
ATTACHMENT NO. 4
5Thattheproposedusewillnotadverselyaffecttheadjoininglandusesandthegrowthanddevelopmentoftheareainwhichitisproposedtobelocatedsinceitisisolatedfromsurroundingproperties6Thattheuseisintegratedintoasingledevelopmentof3acreslocatedona6acresiteinconformancewithsubsection1811011OioftheZoningCodepertainingtominimumsiteareaforconcreteprocessingfacilitiesinDevelopmentArea6OpenSpaceAreaoftheNortheastAreaSpecificPlanNoSP9417ThattheusewhichislocatednorthoftheSantaAnaRiverbedisnotlocatedadjacenttoorinthevicinityofanyresidentialzoneinconformancewithsubsection1811011OiioftheZoningCodeandthattheadjoininglanduseconsistsofOrangeCountyWaterDistrictusestothenortheastsouthandwestzonedDevelopmentArea6oftheNortheastAreaSpecificPlantothewestandnorthandRSA43OOOResidentialAgriculturaltotheeastandsouth8Thattheuseisscreenedfrompublicrightsofwayinconformancewithsubsection18110110iiioftheZoningCodebecauseFeeAnaStreethasbeenabandonedalongtheeastsideofthissiteandRichfieldRoadalongthewestpropertylineofthissiteservesonlysubjectuseandOrangeCountyWaterDistrictuses9ThattheuseiscompatiblewithsurroundingOrangeCountyWaterDistrictlandusesinconformancewithsubsection1811011OivandthatthesiteisisolatedfromotherindustrialbusinessesintheNortheastIndustrialArea10ThatnooneindicatedtheirpresenceatthepublichearinginoppositiontotheproposalandthatnocorrespondencewasreceivedinoppositionCALIFORNIAENVIRONMENTALQUALITYACTFINDINGThattheAnaheimCityPlanningCommissionhasreviewedtheproposaltoretainaconcreteprocessingfacilitylocatedonanirregularlyshaped6acrepropertyhavingafrontageof650feetontheeastsideofRichfieldRoadamaximumdepthof740feetbeinglocated1280feetsouthofthecenterlineofLaPalmaAvenueandfurtherdescribedas1120NorthRichfieldRoadDanCoppCrushingCorporationIncanddoesherebyapprovetheNegativeDeclarationuponfindingthatthedeclarationreflectstheindependentjudgmentoftheleadagencyandthatithasconsideredtheNegativeDeclarationtogetherwithanycommentsreceivedduringthepublicreviewprocessandfurtherfindingonthebasisoftheinitialstudyandanycommentsreceivedthatthereisnosubstantialevidencethattheprojectwillhaveasignificanteffectontheenvironmentNOWTHEREFOREBEITRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebygrantsubjectPetitionforConditionalUsePermituponthefollowingconditionswhichareherebyfoundtobeanecessaryprerequisitetotheproposeduseofthesubjectpropertyinordertopreservethesafetyandgeneralwelfareoftheCitizensoftheCityofAnaheim1Thatthisconditionalusepermitshallexpirefive5yearsfromthedateofthisresolutiononAugust1320062Thatthehoursofoperationshallbefrom700amto330pmMondaythroughFriday3ThatthesubjectpropertyshallbedevelopedandmaintainedsubstantiallyinaccordancewithplansandspecificationsonfilewiththeCityofAnaheimmarkedExhibit14ThattheapprovalofthisapplicationconstitutesapprovaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipalZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnotincludeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyotherapplicableordinanceregulationorrequirement2PC2001113
BEITFURTHERRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebyfindanddeterminethatadoptionofthisResolutionisexpresslypredicateduponapplicantscompliancewitheachandalloftheconditionshereinabovesetforthShouldanysuchconditionoranypartthereofbedeclaredinvalidorunenforceablebythefinaljudgmentofanycourtofcompetentjurisdictionthenthisResolutionandanyapprovalshereincontainedshallbedeemednullandvoidTHEFOREGOINGRESOLUTIONwasadoptedatthePlanningCommissionmeetingofAugust132001byVanderbiftCHAIRPERSONANAHEIMCITYPLANNINGCOMMISSIONATTESTSECRETARYANAHEIMCITYPLANNINGCOMMISSIONSTATEOFCALIFORNIACOUNTYOFORANGEssCITYOFANAHEIMIEleanorFernandesSecretaryoftheAnaheimCityPlanningCommissiondoherebycertifythattheforegoingresolutionwaspassedandadoptedatameetingoftheAnaheimCityPlanningCommissionheldonAugust132001bythefollowingvoteofthemembersthereofAYESCOMMISSIONERSARNOLDBOSTWICKBRISTOLEASTMANKOOSVANDERBILTNOESCOMMISSIONERSNONEABSENTCOMMISSIONERSBOYDSTUNINWITNESSWHEREOFIhavehereuntosetmyhandthis2001dayofSECRETARYANAHEIMCITYPLANNINGCOMMISSION3PC2001113
RESOLUTIONNOPC2006100rfARESOLUTIONOFTHEANAHEIMPLANNINGCOMMISSIONREINSTATINGANDAPPROVINGCONDITIONALUSEPERMITNO200104412ANDAMENDINGTHECONDITIONSOFAPPROVALOFRESOLUTIONNOPC2001113ADOPTED1NCONJUNCTIONTHEREWITH1120NORTHRICHFIELDROADWHEREASonAugust132001theAnaheimPlanningCommissionbyResolutionNoPC2001113approvedConditionalUsePermitNo200104412toretainaconcreteprocessingfacilityat1120NorthRichfieldRoadandWHEREASsaidResolutionNoPC2001113includesthefollowingconditionofapproval1Thatthisconditionalusepermitshallexpirefive5yearsfromthedateofthisresolutiononAugust132006WHEREASthispropertyiscurrentlydevelopedwithaconcreteprocessingfacilitytheunderlyingzoningisSP941DevelopmentArea6NortheastAreaSpecificPlanOpenSpaceAreatheAnaheimGeneralPlandesignatesthispropertyforParkslandusesandthispropertyislocatedwithintheAnaheimMergedRedevelopmentProjectAreaandWHEREAStheAnaheimPlanningCommissiondidreceiveaverifiedPetitionforReinstatementofConditionalUsePermitforreinstatementofthisconditionalusepermittoretainaconcreteprocessingfacilitypursuanttoCodeSection1860oftheAnaheimMunicipalCodeforcertainrealpropertysituatedintheCityofAnaheimCountyofOrangeStateofCaliforniadescribedasandPARCEL5THOSEPORTIONSOFLOTS22AND23INBLOCK35OFYORBALINDATRACTINTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASPERMAPRECORDEDINBOOKSPAGES17AND18OFMISCELLANEOUSMAPSINTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTYDESCRIBEDASFOLLOWSBEGINNINGATAPOINTONTHEEASTLINEOFSAIDLOT22SAIDLINEBEINGCONSIDEREDFORTHISDESCRIPTIONASTHECENTERLINEOFTHATCERTAINUNNAMEDSTREETSHOWNONTHEEASTSIDEOFSAIDLOT22COMMONLYKNOWNASFEEANASTREETSOUTH01225EAST28480FEETFROMTHENORTHEASTCORNEROFLOT22SAIDPOINTALSOBEINGTHENORTHEASTCORNEROFTHELANDDESCRIBEDINDEEDRECORDEDDECEMBER31937INBOOK919PAGE221OFOFFICIALRECORDSTHENCESOUTH01225EAST5781FEETTOAPOINTINTHENORTHTOEOFTHENORTHDIKEOFTHESANTAANARIVERTHENCESOUTH515020WEST97311FEETALONGSAIDNORTHTOETOTHECENTERLINEOFRICHFIELDROADTOAPOINTSOUTH00710EAST28480FEETFROMTHENORTHLINEOFSAIDLOT22THENCENORTH894605EAST76630FEETTOTHEPOINTOFBEGINNINGWHEREASthePlanningCommissiondidholdapublichearingattheCivicCenterintheCityofAnaheimonNovember132006at230pmnoticeofsaidpublichearinghavingbeendulygivenasrequiredbylawandinaccordancewiththeprovisionsoftheAnaheimMunicipalCodeChapter1860ProcedurestoakfindinshearandconsiderevidenceforandagainstsaidproposedamendmentandtoinvestigateandmegandrecommendationsinconnectiontherewithandWHEREASsaidCommissionafterdueinspectioninvestigationandstudymadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreportsofferedatsaidhearingdoesfindanddeterminethefollawingfacts1ThattherequestforreinstatementofthispermitbythemodificationordeletionofaconditionofapprovalpertainingtoatimelimitationtoretainapreviouslyapprovedconcreteprocessingfacilityisproperlyoneforwhichaconditionalusepermitisauthorizedunderauthorityofCodeSectionNos18660400300301CR1PC20061001PC2006100
ATTACHMENT NO. 5
UnlistedUsesPermitted1868180Reinstatementofatimelimitedpermitand18120110LanduseanddevelopmentstandardsOpenSpaceAreaDevelopmentArea6oftheAnaheimMunicipalCode2Thattheproposedreinstatementfortheconcreteprocessingfacilitywouldnotadverselyaffecttheadjoininglandusesandthegrowthanddevelopmenfoftheareainwhichitiscurrentlylocatedbecausethefacilityalreadyexistsandisbeingoperatedinconformancewithallconditionsofapproval3ThatthefactsnecessarytosupporteachandeveryrequiredshowingfortheoriginalapprovaloftheentitlementexistandthataninspectionconductedbytheCommunityPreservationDivisionofthePlanningDepartmentrevealedthatthesiteisincompliancewithallconditionsofapproval4Thatthetrafficgeneratedbytheusewillnotimposeanundueburdenuponthestreetsandhighwaysdesignedandimprovedtocarrythetrafficinthearea5ThatgrantingthisreinstatementundertheconditionsimposedwillnotbedetrimentaltothepeacehealthandsafetyofthecitizensoftheCityofAnaheim6ThatnooneindicatedtheirpresenceatsaidpublichearinginoppositionandthatonephonecallwasreceivedinoppositionasstatedbystaffatthePlanningCommissionmeefiingofOctober162006CALIFORNIAENVIRONMENTALQUALITYACTFINDINGThattheAnaheimPlanningCommissionhasreviewedtheproposalanddoesherebyfindthattheNegativeDeclarationpreviouslyapprovedinconnectionwithConditionalUsePermitNo200104412isadequatetoserveastherequiredenvironmentaldocumentationinconnectionwiththisrequestuponfindingthatthedeclarationreflectstheindependentjudgmentoftheleadagencyandthatithasconsideredthepreviouslyapprovedNegativeDeclarationtogetherwithanycommentsreceivedduringthepublicreviewprocessandfurtherfindingonthebasisoftheinitialstudyandanycommentsreceivedthatthereisnosubstantialevidencethattheprojectwillhaveasignificanteffectontheenvironmentNOWTHEREFOREBEITRESOLVEDthattheAnaheimCityPlanningCommissionforthereasonshereinabovestateddoesherebyreinstateConditionalUsePermitNo200104412toretainanexistingconcreteprocessingfacilityat1120NorthRichfieldRoadBEITFURTHERRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebyamendtheconditionsofapprovalofResolutionNoPC2001113relatingtoConditionalUsePermitNo200104412asfollows1Thatthisconditionalusepermitshallexpirefive5yearsfromthedateofthisresolutiononAugust1320112Thatthehoursofoperationshaftbefrom700amto330pmMondaythroughFriday3Thatthepropertyownerandoroperatorshallemploymethodstoensurethattrucksdepartingfromthepropertycontainingprocessedmaterialbecoveredinaneffectivemannertoreduceandoreliminatethereleaseoffugitivedustanddebris4ThatthesubjectpropertyshallbedevelopedandmaintainedsubstantiallyinaccordancewithplansandspecificationsonfilewiththeCityofAnaheimmarkedExhibit15ThattheapprovalofthisapplicationconstitutesapprovaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipalZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnotincludeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyotherapplicableordinanceregulationorrequirement2PC2006100
BEITFURTHERRESOLVEDthattheAnaheimPlanningCommissiondoesherebyfindanddeterminethatadoptionofthisResolutionisexpresslypredicateduponapplicantscompliancewitheachandaIoftheconditionshereinabovesetforthShouldanysuchconditionoranypartthereofbedeclaredinvalidorunenforceablebythefinaljudgmentofanycourtofcompetentjurisdictionthenthisResolutionandanyapprovalshereincontainedshallbedeemednullandvoidBEtTFURTHERRESOLVEDthattheapplicantisresponsibleforpayingalfchargesrelatedtotheprocessingofthisdiscretionarycaseapplicationwithin15daysoftheissuanceofthefinalinvoiceFailuretopayallchargesshallresultindelaysintheissuanceofrequiredpermitsortherevocationoftheapprovalofthisapplicationTHEFOREGOINGRESOLUTIONwasadoptedatthePlanningCommissionmeetingofNovember132006SaidresolutionissubjecttotheappealprovisionssetforthinChapter1860ProceduresoftheAnaheimMunicipalCodepertainingtoappealproceduresandmaybereplacedbyaCityCouncilResolutionintheeventofanappealORIGINALSIGNEDBYGAILEASTMANCHAIRMANANAHEIMPLANNINGCOMMISSIONATTESTORIGINALSIGNEDBYELEANORMORRISSENIORSECRETARYANAHEIMPLANNINGCOMMISSIONSTATEOFCALIFORNIACOUNTYOFORANGEssCITYOFANAHEIMIEleanorMorrisSeniorSecretaryoftheAnaheimPlanningCommissiondoherebycertifythattheforegoingresolutionwaspassedandadoptedatameetingoftheAnaheimPlanningCommissionheldonNovember132006bythefollowingvoteofthemembersthereofAYESCOMMISSIONERSBUFFAEASTMANFAESSELKARAKIROMERONOESCOMMISSIONERSNONEABSENTCOMMISSIONERSFLORESVELASQUEZINWITNESSWHEREOF1havehereuntosetmyhandthisdayof2006tOR1G1NALSIGNEDBYELEANORMORRISSENIORSECRETARYANAHEIMPLANNINGCOMMISSION3PC2006100
Anaheim East Facility1120 N. Richfield Road
EXHIBIT 2PHOTO KEY MAPRICHFIELD ROADRUBBLESTOCKPILE
OFFICEMOBILERECYCLINGEQUIPMENTSETUPLOCATION
RECYCLED MATERIALSSTOCKPILE LOCATION
STORAGE
PROPERTY BOUNDARY
PROPERTY BOUNDARYSITEENTRANCE
1.
2.
LOCATION 1.
View of site entrance
LOCATION 2.
View from entrance showing vehicle circulation
UNLOAD
INSPECTION
TIRE SHAKER
N
ATTACHMENT NO. 6
Anaheim East Facility1120 N. Richfield Road
EXHIBIT 3PHOTO KEY MAPRICHFIELD ROADRUBBLESTOCKPILE
OFFICEMOBILERECYCLINGEQUIPMENTSETUPLOCATION
RECYCLED MATERIALSSTOCKPILE LOCATION
STORAGE
PROPERTY BOUNDARY
PROPERTY BOUNDARYSITEENTRANCE
4.
3.
LOCATION 3.
View of main rubble stockpile, looking north
LOCATION 4.
View looking east toward main rubble stockpile
N
Anaheim East Facility1120 N. Richfield Road
EXHIBIT 4PHOTO KEY MAPRICHFIELD ROADRUBBLESTOCKPILE
OFFICEMOBILERECYCLINGEQUIPMENTSETUPLOCATION
RECYCLED MATERIALSSTOCKPILE LOCATION
STORAGE
PROPERTY BOUNDARY
PROPERTY BOUNDARYSITEENTRANCE
6.
5.
LOCATION 5.
View of entrance, office building and on-site equipment
LOCATION 6.
View looking west where mobile equipment and recycled materials are located
RECYCLED MATERIALSTOCKPILE LOCATION
MOBILECRUSHINGEQUIPMENTLOCATION
OFFICE
ENTRANCE
N
Anaheim East Facility1120 N. Richfield Road
EXHIBIT 5PHOTO KEY MAPRICHFIELD ROADRUBBLESTOCKPILE
OFFICEMOBILERECYCLINGEQUIPMENTSETUPLOCATION
RECYCLED MATERIALSSTOCKPILE LOCATION
STORAGE
PROPERTY BOUNDARY
PROPERTY BOUNDARYSITEENTRANCE
8.
7.
LOCATION 7.
View from top of main rubble stockpile looking east
LOCATION 8.
View looking north toward stroage area
N
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
C-GOFFICES
C-GOFFICES
SINGLE FAMILY RESIDENCE
C-GRETAIL
C-GSERVICE STATION
C-GRETAIL RM-4LE CHATEAU APTS77 DU
C-GSERVICE STATION
RM-4BELAGE MANOR APARTMENTS180 DU
RM-4CASA FORTIN APARTMENTS88 DU
C-GRETAIL
C-GSERVICE STATION
C-GRETAIL
C-GRESTAURANT
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RS-3SINGLE FAMILY RESIDENCE
C-GMEDICAL OFFICE
C-GRELIGIOUS USE
C-GOFFICES
C-GMEDICAL OFFICE
C-GOFFICES
TNURSING HOME
C-GOFFICESS EUCLID STW BROA DWAY
S FALCON STS ARDEN STW T ED M A R AV E
S ALVY STW. BALL RD
W. BROADWAY
W. LINCOLN AVE
S. EUCLID STS. BROOKHURST STS. WALNUT STS. M
A
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EN. EUCLID STW. LIN C O L N A V E
4 1 0 S o u t h E u cl id St r e e t
D E V N o . 2 0 1 1 -0 0 1 3 9
Subject Property APN: 250-051-04
ATTACHMENT NO. 1
°0 50 100
Feet
Aeria l Ph ot o:Ma y 2 01 1
S EUCLID STW BROA DWAY
S FALCON STS ARDEN STW T ED M A R AV E
S ALVY STS AMBOY STW. BALL RD
W. BROADWAY
W. LINCOLN AVE
S. EUCLID STS. BROOKHURST STS. WALNUT STS. M
A
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V
EN. EUCLID STW. LIN C O L N A V E
4 1 0 S o u t h E u cl id St r e e t
D E V N o . 2 0 1 1 -0 0 1 3 9
Subject Property APN: 250-051-04
ATTACHMENT NO. 1
°0 50 100
Feet
Aeria l Ph ot o:Ma y 2 01 1
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2012-014
RESOLUTION NO. PC2012-014
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2011-05587
(DEV2011-00139)
(410 SOUTH EUCLID STREET, SUITE 7)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011-05587 to permit the sale of alcoholic beverages for
off-premises consumption in an existing convenience market in conjunction with a Request for
Determination of Public Convenience or Necessity No. 2011-00083 for certain real property
situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”,
attached hereto and incorporated herein by this reference.
WHEREAS, this 0.69-acre property is developed with a 7-unit commercial retail
center located in the C-G (General Commercial) zone and the Anaheim General Plan designates
the property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 12, 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, 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 request to permit the sales of alcoholic beverages for off-site consumption in
an existing convenience store is properly one for which a conditional use permit is authorized
under Section No. 18.08.030.010 (Alcoholic Beverage Sales-Off Sale and Convenience Stores)
of the Anaheim Municipal Code.
2. The proposed alcoholic beverage sales for off-site consumption will not
adversely affect the adjoining land uses and the growth and development of the area in which it
is located because it is commercially zoned and is located in a commercial retail center with
similar surrounding commercial uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because this convenience store with the sales of
alcoholic beverages for off-site consumption will not impact the commercial uses in the area.
- 2 - PC2012-014
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 because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
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 as the existing land
use will continue to be compatible with the surrounding area and the proposed sales of alcoholic
beverages are not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011-05587 subject to the
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. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this Conditional Use 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.
- 3 - PC2012-014
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 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 of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 12, 2012.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-014
- 5 - PC2012-014
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2011-05587
(DEV2011-00139)
NO. CONDITIONS OF APPROVAL REVIEW BY
SIGNED
OFF BY
GENERAL
1 No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
Police
Department
2 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are
clearly visible to the exterior shall constitute a violation of this
condition.
Police
Department
3 The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building. Police
Department
4 Sale of alcoholic beverages shall be made to customers only
when the customer is in the building. Police
Department
5 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
these premises.
Police
Department
6 Business owner shall police the area under their control in an
effort to prevent the loitering of persons around the premises. Police
Department
7 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.
Code
Enforcement
8 The business shall not operate later than 10:00 p.m. each day of
the week.
Code
Enforcement
9 The parking lot shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
Code
Enforcement
10 The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor Plan)
and as conditioned herein.
Planning
[DRAFT] ATTACHMENT NO. 3
- 1 - PC2011-015
RESOLUTION NO. PC2012-015
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00083
FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2011-00139)
(410 SOUTH EUCLID STREET, SUITE 7)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that
the ABC shall deny an application for a license if issuance of that license would tend to create a
law enforcement problem, or if issuance would result in or add to an undue concentration of
licenses, except when an applicant has demonstrated that public convenience or necessity would
be served by the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity in conjunction with an
application for Conditional Use Permit No. 2011-05587 to permit the sales of alcoholic
beverages for off-site consumption in conjunction with a convenience store for certain real
property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit “A”, attached hereto and incorporated herein by this reference; and
WHEREAS, this 0.69-acre property is developed with a 7-unit commercial retail
center located in the C-G (General Commercial) zone and the Anaheim General Plan designates
the property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 12, 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, to hear and consider evidence for and against said proposed
determination of public convenience or necessity for an alcoholic beverage control license 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 C-G (General Commercial) zone permits the sales of alcoholic beverages for
off-site consumption in conjunction with a convenience store, pursuant to Section No.
- 2 - PC2012-015
18.08.030.010 (Alcoholic Beverage Sales-Off Sale and Convenience Stores) of the Anaheim
Municipal Code, subject to the approval of a conditional use permit.
2. The proposed sales of alcoholic beverages for off-site consumption 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 accessory to a convenience store and is located in a
commercial retail center.
3. California State law requires a Determination of Public Convenience or Necessity
when property is located in a census tract with more off-sale alcohol licenses than allowed; and
that Section 23958 of the Business and Professions Code provides that the ABC shall deny an
application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except
when an applicant has demonstrated that public convenience or necessity would be served by
issuance of a license.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to the public convenience or necessity determinations; and said
recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of alcoholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
5. Subject property is located within Census Tract 871.05 with a population that
allows for three off-sale ABC licenses and there are presently no licenses in the tract; and five
on-sale licenses and there are presently two in the tract. The Anaheim Police Department
evaluates these requests based on the crime rates within a one-quarter mile radius for the subject
site. The proposed location is located in Police Reporting District No. 1722 which has a crime
rate that is 126% above the citywide average and the crime rate within ¼ mile of this property is
43% above the citywide average. Since there is an above average crime rate in this census tract,
a determination of public convenience or necessity is required for this request. However, the
Police Department does not oppose this request, subject to the business continually adhering to
the recommended conditions of approval.
6. Traffic generated by the convenience store with off-premises alcoholic beverage
sales will not impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area.
7. A Determination of Public Convenience or Necessity can be made based on the
finding that the license requested is consistent with the Planning Commission guideline for such
determinations and further that granting the Determination of Public Convenience or Necessity
under the conditions imposed will not be detrimental to the health and safety of the citizens of
the City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed store and
would serve as an added convenience to residents and visitors to the area who choose to shop at
this establishment. The Police Department indicates no specific concerns related to off-premises
alcoholic beverages sales and operation of this business, subject to the conditions of approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA
- 3 - PC2012-015
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby determine that the public convenience or necessity will be served by
the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this
location subject to the conditions of approval described in Exhibit “B” attached hereto and
incorporated by this reference which are 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 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 of 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 the Anaheim 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 findings hereinabove set forth.
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 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 of this application.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve the Determination of Public Convenience or Necessity No.
2011-00083 subject to the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 12, 2012.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-015
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-015
- 6 - PC2012-015
EXHIBIT “B”
PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00083
(DEV2011-00139)
NO. CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1 No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
Police
Department
2 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are clearly
visible to the exterior shall constitute a violation of this condition.
Police
Department
3 The area of alcoholic beverage displays shall not exceed 25% of the
total display area in a building. Police
Department
4 Sale of alcoholic beverages shall be made to customers only when
the customer is in the building. Police
Department
5 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
these premises.
Police
Department
6 Business owner shall police the area under their control in an effort
to prevent the loitering of persons around the premises. Police
Department
7 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.
Code
Enforcement
8 The business shall not operate later than 10:00 p.m. each day of the
week.
Code
Enforcement
9 The parking lot shall be equipped with lighting of sufficient power
to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot. Additionally, the
position of such lighting shall not disturb the normal privacy and
use of any neighboring residences.
Code
Enforcement
10 The subject property shall be developed substantially in accordance
with plans submitted to the City of Anaheim by the applicant and
which plans are on file with the Planning Department marked Exhibit
Nos. 1 (Site Plan) and 2 ( Floor Plan) and as conditioned herein.
Planning
ATTACHMENT NO. 4
ATTACHMENT NO. 5
ATTACHMENT NO. 6
ATTACHMENT NO. 7
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.