Resolution-PC 2012-013RESOLUTION 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:
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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 18.60.1 80 (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.
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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
meeting of March 12, 2012.
A'1'1'.ST:
TION was adopted at the Planning Commission
CHAIRMAN, AN fe1TV PLANNING COMMISSION
SENIOR SE T
�'RE
ARY, ANAHEIM CITY PLANNING COMMISSION
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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: AGARWAL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of March, 2012.
SENIOR SEtETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2012 -013
APN: 346 - 092 -03
EXHIBIT "A"
DEN' NO. 2011 - 00141
Scurce: Reccrded Tract Maps endrer City G IS.
Flew e note the accuracy +;- two tc five feet.
5 - PC2012 -013
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 the
property owner shall develop a pavement mitigation plan to
address pavement deterioration on Richfield Road resulting
from truck traffic. The segment of Richfield Road to be
addressed by the pavement mitigation plan is from the
southern boundary of parcel number 161 -38 -40 to the
terminus of the paved roadway segment, a distance of
approximately 900 feet. The pavement mitigation plan shall
require localized improvements to correct poor pavement
conditions. The scope of this plan will not include widening
of the existing paved section of the roadway, a complete
repaving of the street, or other improvements such as the
addition of curbs, gutters, storm drain facilities, or
landscaping. The property owner 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
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2001-04412
(DEV2011- 00141)
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PC2012 -013