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Resolution-PC 2008-104RESOLUTION NO. PC2008-104 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATNE DECLARATION AND APPROVING CONDiTIONAL U5E PERMIT NO. 2007-05236 (500 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to permit an existing concrete batching plant with outdoor tnick parking, repair, storage and staging activities on certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for the concrete batching plant is currently developed with an unpermitted concrete batching plant with outdoor truck parking repair, storage and sCaging activities located in the Industrial zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 27, 2008, 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, to hear and consider evidence for and against said proposed conditional use permik and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said CommSssion, after due inspeclion, investigation and study made by itself and in its behalf, and after due consideration of aA evidence and reports offered at said hearing, does find and determine the following facts: 1. That a concrete batehing plant and outdoor truck parking, repair, storage and sCaging activikies in the Industrial (n zane is properly ane for which a condiCional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Industry-General and Outdoor Storage Yards). 2. That the concrete batching plant would not adversely affect the adjoining residential, school and park land uses and the growth and development of the area in which it is proposed to be located because access to the site would be limited to Manchester Avenue and substantial site improvements are proposed to provide a visual and sound buffer between the subject and adjacent properties. 3. That the size and shape of the site for the concrete batching plant is adequate to allow the full development of the proposed use in a manner not detrimental Co the particular area nor to the 1~ealth, safety and general welfare of the public because theie is adequate site area to accommodate the relocation of outdoor activities, relocate the access driveway and provide substantial landseape buffer. ~ -1- PC2008-104 4. That the traffic generated by the concrete baCCi~ing plant would noC impose an _. ,__ undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and tnicks entering and exiting the site are consistent with a rypical industrial business that would be permitted as a matter af right within the Industrial~zone. 5. That three persons spoke in favor and That a person indicaYed tbeir presence aC said public hearing in opposition; and that no carrespondence was received in oppasition to the subject petition. NOW THEREFORE B8 IT RESOLVED that khe Anaheim Planning Commission has reviewed the proposal and does hereby find that a Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission, for the reasons hereinabove stated, does hareby approve Conditional Use Permit No. 2007-05236 subject to the following 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. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of Che use. Ame~dments, modifications and revocations of this permit may be processed in accordance with Chapters 1$.60190 (Amendmant of Perznit Approval) and 18.60200 (Ciry-InitiaYed Revocation or Modification of Permits) of the Anabeim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of ttiis Resolution is expressly predioated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condirion, or any part thereof, be declared invalid or unenforceable by the final judgment of any aourC of competent jurisdiction, Yhen this Resplutinn, and any approvals herein contained, shall be deemed nnll and void. BE IT FURTHER RESOLVED Yhat Che 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 oflhis application. -2- PC2008-]04 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 27, 2008. Said resolution is subject to the appeal provisions set fprth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN ATTEST: ANAHEIM PLANNING COMMISSION SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 27, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of November, 2008. '~'~~ ~_ SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-104 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2007-05236 ff -4- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2007-05236 ' RESPONSIBLE ' FOR NO. CONDITIONS OF APPROVAL MONITORING TIMING : N'ITHINSIXTY(60) DAYS FROMTtFEDATE OF''THISRESOLUTIO N 1 That the applicant shall construct an eight foot high, decorative masonry Planning wall along the south property line. If the Building Division determines that the existing wail is structurally capable of accommodating the weight of additional courses of block, the applicant may increase the height of the existing wall to eight feet. Such extension must be of similar material, color and texture as the exisCing wall. 2 That two rows of 24-inch box sized Carrotwood trees, or similar species, Planning shall be planted along the south property line as shown on Exhibit No. 1. All landscape areas shall be imgated. 3 That a trash enclosure shall be constructed per Exhibit No. 1. The owner Public Works shall obtain the appropriate permits for said enclosure. 4 That the applicant shall submit street improvement plans and obtain a Right Public Works of Way Conshuction Permit from the Public Works Deparhnent, Development Services Division, for: e Removal and reconstruction of the pedestrian ramp at khe southeast comer of the intersection of Walnut Street and Santa Ana Street such that an accessible ramp is reconstructed entirely within the City right-of-way per Engineering Standazd Detail ll 1-3. • Construcrion of an accessible pedestrian ramp at the southwest comer of the intersection of Santa Ana Street and Manchester Avenue to be constructed entirely within the City right-of-way per Engineering Standard Detail 111-3. • Removal and relocation of the most southerly driveway approach along Manchester Avenue per Engineering Standazd Detail 115-B. o Removal of the driveway approach along Santa Ana Street to be replaced with curb and gutter per Engineering Standard Detail 120. e Improvement of the right-of-way along Manchester Avenue to r inchide a parkway and sidewalk adjacent to the existing curb to the satisfaction of the City Engineer. -5- ~ RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 5 That the applicant shall submit to the Public Works Depariment, Pul~lic Works Development Services Division, for review and approval a Water Quality Management Plan CUat: • Addresses Site Design Best Management Pracrices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing direcfly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. o Incorporates the applicable Rourine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. o Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and o Describes the mechanism for funding the long-kerm operarion and maintenance of the Trealment Control BMPs. 6 That the appliaant shall submit to the Public Works DepartmenC, Public Works Developme~t Services Division, for review and approval a grading plan tt~at addresses surface run-off: The grading plan shall be consistent with the Right of Way Construcrion Permit required by Condition No. 4. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of tbe cnnenC SWPPP shall be kept at the project site. 7 That the property owner shall submit a letter requesting termination of Planning Conditional Use Permit No. 1052 to the Planning Department, Planning Services Division. 8 That the applieant shaA paint all buildings and fences in a neutral and Planning consistent color. TIMING : WITHINSIX (6) MONTHS FROM THE A.4TE OF THIS RESOL UTION 9 That subject properiy shall be developed substantially in accoxdance with Planning plans and specifications submitted to the City of Anaheim by the petitioner and which plans are pn file with the Planning Department mazked Exhibit No. 1, and as conditioned herein. -6- RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 10 That the applicant shall obtain final grade certification and: Public Works • Demonstrate that all structural BMPs described in the Project WQMP have been constmcted and installed in conformance with approved plans and specifications. • DemonsCraCe tl~at the applicant is prepared Co implement all non- structural BMPs described in tt~e Project WQMP o Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the Ciry an Operation and Maintenance Plan for all stntctural BMPs. • Comply with operarion and maintenance requixements fnr the Treatment Control BMPs 1 I That the rigtat-of-way improvements, identified in Condition No. 4, shall Public Works be completed, witb the excepCion of the following: o Improvement of the right-of-way along Manchester Avenue to include a parkway and sidewalk adjacent to the existing curb to the satisfaction of the City Engineer. TIMING: WITHIN ONE(1) YEAR FROM'THE DA:TE OF THIS RESOLUTION 12 That, as required in Condition No. 4, improvement of the right-of-way Public Works along MancbesCer Avenue to include a parkway aud sidewalk adjacent to the existing curb to the satisfacCion of the City Engineer shall,be completed. GENERAL 13 That the hours of operation for concrete batching and outdoor activities Planning shall be limited to 5 a.m. to 7 p.m. Offiee and administraCive acYivities conducted indoors are not subject to the limitation on the hours of Code operation. Enforcement 14 That parking along the south property line shall be limited to employee Planning parking and that commercial trucks shall not be permitted to park in this Code area. Enforcement r -7- RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL 1VIONITORING 15 That the business owner shall implement a staggered loading and truck Planning start up schedule as described in the submitted letCer of operations. As stipulated by the applicant, diesel trucks will not start up more than five Code minutes prior Yo seheduled loading time. Enforcement 16 That all trucks must be pazked and stored in designated truck parking Planning spaces and that no more than 27 trucks shall occupy the subject property since 27 truck parking spaces will be provided. This includes concrete Code delivery trucks and trucks used for delivery of raw materials. Enforcement 17 That a gate shall be provided at the driveway entrance on Manchester Planning Avenue and said gate shall be closed during the hours of 7 p.m. Co 5 a.m Code Enforcement 18 That the applicant shall submit copies of all Air Quality Management Planning District permits to the Planning Department, Planning Services Division on an annual basis. 19 That no vehicular aecess shall be kalcen from Walnut Street or SanYa Ana Public Works Street. 30 The timing for compliance with conditions of approval may be amended Planning by the Planning Director upon a showing of good cause provided (i) equivalant timing is esYablished Chat satisfies the nriginal intent and purpose of the conditfion(s), (ii) tbe madification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved developmenC. 21 That approval of this application constihates approval of the proposed Planning request only Co the extent that it complies with Che Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not inetude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -8-