Resolution-PC 2006-100_-
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RESOLUTION NO. PC2006-100
A RESOLUTION OFTHE ANAHEIM PCANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 2001-04412, AND
AMENDING THE CONDITIONS OFAPPROVAL OF RESOLUTION NO. PC2001-113,
ADOPTED IN CONJUNCTION THEREWITH
(1120 NORTH'RICHFIELD ROAD)
WMEREAS, on August 13; 2001, the Anaheim Planning Commission, by Resolution Na
PC2001-113 approved Conditional Use Permit No: 2001-04412 to retain a concrete processing facility at 1120
North Richfield Road; and
WHEREAS, said Resolution No. PC2001-113 includes the following condition of approvak
' "1. Thaf this conditional use permit shall expire five (5) years from the date of this
resolution on August 13; 2006"
, WHEREAS, this property is currently developed with a concrete processing facility, the underlying ;
zoning is SP94-1, Development Area 6(Northeast Area Specific Plan, Open'Space Area); the Anaheim Generaf
Plan designates this property for Parks land uses; and this property is located within the Anaheim Merged
Redevelopment Project Area; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement
of Conditional Use Permit for reinstatement of this conditional use permit to retain a concrete processing facility
pursuant to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated in the City;of
Anaheim County of Orange,`State of California, described as; and
' PARCEL 5: THOSE'PORTIONS OF LOTS 22 AND 23 IN BLOCK 35 OF YORBA LINDA
TRACT, IN THE CITY OF ANAHEIM, COUNTY-0F ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOKS PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF TME 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 CENTERLINE OF THAT CERTAW
UNNAMED STREET, SHOWN ON THE EAST SIDE OF SAID LOT 22, COMMONLY KNOWN
AS FEE ANA STREET, SOUTH 0° 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° '12' 25" EAST 57.81 FEET TO'A POINT IN THE
NORTH TOE OF THE NORTH DIKE OF THE SANTA ANA RIVER; THENCE SOUTH 51 ° 50' 20"
WEST 973.11 FEET ALONG SAID NORTH TOE TO THE CENTERLINE OF RICHFtE~D ROAD
TO A POINT SOU7H 0° 07' 10" EAST 284.80 FEET FROM THE NORTM LINE OF SAID LOT 22; '` ~'
THENCE NORTH 89° 46' 05" EAST 766.30 FEET TO TH~ POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 13, 2006, at 2:30 p.m., notice of said public hearing having:been duly'given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said proposed amendment 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 request for reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation to retain a previously-approved concrete processing facility is properly
one for which a conditional use permit is authorized under authority of Code Section Nos. 18.66.040.030.0301
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(Unlisted Uses Permitted), 18.68.180 (Reinstatement of a time-limited permit), and 18.120.110 (Land use and
developmenfstandards - Open Space Area (Development Area 6) of the Anaheim Municipal Code.
2. . That the proposed reinstatement for the concrete processing facility would nof adversely affect
the adjoining land uses and the growth and development ofi the area in which it is currently located because the
facility'already exists and is being operated in conformance with all conditions of approvaL
3. That #he facts' necessary to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the site is in compliance with all conditions of approvaL
4. That the traffic generated by the use will not impose an undue burden upon the streets and ;
highways designed and improved to carry the #raffic in the area.
5. That granting this reinstatement, under#he conditions imposed, will not be detrimental to #he
peace, health and safety of the citizens of the City of Anaheim. :
6. That no one indicated theirpresence at said public hearing in opposition; and that one phone
cafl was received in opposition as stated by staff'at the Planning Commission meeting of October 16, 2006.,
CALIFORNIA ENVIRONMENTAL QUALITYACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously
approvetl in connection with Conditional Use Permit No. 2001-04412 is'adequate to serve as the required
environmental documentation in connection with .this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved 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 JT RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 2001-04412 to retain an existing
concrete processing facility at 1120 North Richfield Road.
BE lT FURTMER RESOLVED that the Anaheim City Planning Commission does hereby amend
the conditions of approval of Resolution No. PC2001-113, relating #o Conditional Use Permit Na 2001-04412,
as follows: ~
1. That this conditional use permit shall expire five (5) years from the date of this resolution on
August 13, 2011.
2. That the hours of operation shall be from 7:00 a.m. to 3:30 p.m. Monday through Friday.
3. That the property owner and/or operator shall employ methods to ensure that trucks departing
from the property containing processed material be covered in an effective manner to reduce and/or. eliminate
the release of fugitive dust and debris.
4. 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.
5. 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.
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BE IT FURTHER RESOLVED that the AnaheimPlanning 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 court of competent jurisdiction, then this Resolution, and any
: approvals herein contained, shall be deemed null and void.
` 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 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
November 13, 2006. Said resolution is subjecf to the appeal provisions set f h in Ghapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures an replaced b City Council
Resolution in~the event of an appeaL ,.
CHAIRMAN, ANA IM'PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PCANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
, I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Gommission held on
November 13, 2006, by the following vote of the mem6ers thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ'
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ 2- ~ day of e M ,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '
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