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Resolution-PC 2001-113~ * RESOLUTION NO. PC2001-113 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04412 BE GRANTED FOR FIVE (5) YEARS TO EXPIRE AUGUST 13, 2006 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 5: THOSE PORTIONS OF LOTS 22 AND 23 IN BLOCK 35 OF YORBA LINDA TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 22, SAID LINE BEING CONSIDERED FOR THiS DESCRIPTION AS THE CENTER LINE OF THAT CERTAIN UNNAMED STREET, SHOWN ON THE EAST SIDE OF SAID LOT 22, "COMMONLY KNOWN AS FEE ANA STREET", SOUTH 0 DEGREES 12' 25" EAST 284.80 FEET FROM THE NORTHEAST CORNER OF LOT 22, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED RECORDED DECEMBER 3, 1937, IN BOOK 919 PAGE 221 OF OFFICIAL RECORDS; THENCE SOUTH 0 DEGREES 12' 25" EAST 57.81 FEET TO A _.._. POINT- LN THE NOR.-T-ki ~9E OF THE ~VORTH DIKE OF THE SAAI-T-A ANA RIVER; THENCE SOUTH 51 DEGREES 50' 20" WEST 973.11 FEET ALONG SAID NORTH TOE TO THE CENTER LINE OF RICHFIELD ROAD TO A POINT SOUTH 0 DEGREES 07' 10" EAST 284.80 FEET FROM THE NORTH LINE OF SAID LOT 22; THENCE NORTH 89 DEGREES 46' 05" EAST 766.30 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 13, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipa! Code, Chapter 18.03, 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030 and 18.110.110 to retain a concrete processing facility. 2. That the size and shaqe of the site for the orooosed us~ is ~dequat~ t4 ~Il~aw f~,~1 development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 3. That 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. 4. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that the use was established at this location under Conditionat Use Permit No. 2113 which was approved in 1980 with a time limitation. CR5164PK.doc -1- PC2001-113 . ~ 5. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since it is isolated from surrounding properties. 6. That the use is integrated into a single development of 3 acres located on a 6-acre site in conformance with subsection 18.110.110(i) of the Zoning Code pertaining to minimum site area for concrete processing facilities in Development Area 6"Open Space Area" of the Northeast Area Specific Plan No. SP 94-1. 7. That the use, which is located north of the Santa Ana River bed, is not located adjacent to or in the vicinity of any residential zone in conformance with subsection 18.110.110(ii) of the Zoning Code; and that the adjoining land use consists of Orange County Water District uses (to the north, east, south and west) zoned Development Area 6 of the Northeast Area Specific Plan (to the west and north) and RS-A-43,000 Residential/Agricultural (to the east and south). 8. That the use is screened from public rights-of-way in conformance with subsection 18.110.110(iii) of the Zoning Code because Fee Ana Street has been abandoned along the east side of this site and Richfield Road along the west property line of this site serves only subject use and Orange County Water District uses. 9. That the use is compatible with surrounding Orange County Water District land uses in conformance with subsection 18.110.110(iv); and that the site is isolated from other industrial businesses in the Northeast Industrial Area. 1Q._ That no one iadicated their pr_esence at#he-public-heari~g in opposition ta the praposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a concrete processing facility located on an irregularly-shaped 6 acre property having a frontage of 650 feet on the east side of Richfield Road, a maximum depth of 740 feet, being located 1280 feet south of the centerline of La Palma Avenue, and further described as 1120 North Richfield Road (Dan Copp Crushing Corporation Inc.); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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: 1. That this conditional use permit shall expire five (5) years from the date of this resolution on August 13, 2006. 2. That the hours of operation shalt be from 7:00 a.m. to 3:30 p.m. Monday through Friday. 3. That the subject property shall be developed and maintained substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit 1. 4. That the 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. -2- PC2001-113 ~ ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 cou~t of competent jurisdiction, then this Resolution, and any approvafs herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 13, 2001. ~ PERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~.t~ta~t~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing-resolutia~-~nras passed a~d adopted at a-~eeting o~ the AnaFieim Eity Planning Commission held on August 13, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN l IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of t'e~ , 2001. ~.l/1~-~-~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-113