Resolution-PC 2009-013RESOLUTION NO. PC2009-013
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05383
(1735-1739 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Conditional Use Permit Co constmct a recycling processing facility 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, the applicant has requested approval of a conditional use permit to
construct a recycling processing facility pursuant to Code Section 18.60 of the Anaheim
Municipal Code; and
WHEREAS, the Planning Commission did bald a public hearing at the Civic
Center in the City of Anaheim on January 2J, 2009, 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 request 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 request to construct a recycling processing facility is properly
one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 of
the Anaheim Municipal Code; and
2. That the recycling processing facility, as conditioned, will not adversely affect the
adjoining land uses and Che growth and development of the area in which it is located because it
is located in an industrial zone and will comply with all Code requirements pertaining to sound
pressure levels.
3. ThaC the size and shape of the site for the use is adequate to allow the recycling
processing facility in a manner not detrimental to either the particular area or health and safety as
conditioned, as the property meets all Code requirements and there is sufficient parking to
provide for the use.
4. That the traffic generated by the use of the property as a recycling processing
facility, as conditioned, will noC impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area and;
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5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of Che City of Anaheim.
6. That no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find the Negative Declaration is
adequate to serve as Che required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City
Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use
Permit No. 2008-0583 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:
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operation or duration of use. Amendments, modifications and revocations of khis
permit may be processed 9n accordance with Chapter 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that Che Anaheim City Planning Commission
does hereby find and determine ChaC adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove seC 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 lT 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 January 21, 2009. Said resolution is subject to the appeal provisions set forth 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 evenC of an appeal.
L
CHAIRMAN,
ATTEST:
SENIOR SECRETARY'- NAHEINIi PLANNING COMMISS
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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 January 21, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand Chis /(~' flay of
January, 2009. r,
SENIOR S~CRETAR~}C, ANAHEIM PLANNING COMMISSION
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EXI3IBIT "A"
CONDITIONAL USE PERMIT N0.2008-05383
122.45'
r~ ~
a:.:
Source' Recorded Tract Maps andlor City GIS.
Please note the accuracy is+/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05383
RESPONSII3LE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRI(JR TO THE IS3iIANG~ QF B'ZXIT~1?IIVG'PERMITS, . , . '' ' , . t
1 A Lot Line Adjustment shall be submitted to the Public Public Works
Works Department, Engineering Division, Development
Services to merge the two current parcels. The Lot Line
Adjustment shall be approved by the City Engineer and
recorded in the office of the Orange County Recorder prior
to issuance of a building permit.
2 That no building permits shall be issued until after the Planning
effective date of the ordinance approving Reclassification
No. 2008-00224.
3 The current City of Anaheim Sewer lmpacC fee (West Public Works
Anaheim Area, Zone D) shall be paid. The current fee for
commercial is $132/1,000 GFA.
4 . The applicant shall submit street and landscape improvement Public Works
plans for Lincoln Avenue and East Street to the Public
Works/Development Services Division for review and
approval. and bonds shall be posted in an amount approved
by the City Bngineer and in a form approved by the City
Attorney's Office. The improvements shall be constructed
prior to final building and zoning inspections.
5 That the parking lot of these premises shall be equipped with Police
decorative lighting of aminimum lfoot-candle to illuminate
and make easily discernible the appearance and conduct of
all persons on or about the parking lot. Lighting shall be
directed, positioned and shielded in such a manner so as not
to unreasonably illuminate the window areas of nearby
residences. Said information shall be specifically shown on i
the plans submitted for building permits. Final lighting plans
shall be submitted to the Planning Department for review
and approval.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL ''' MONITORING
6 Building plans shall show any proposed gates and shall Fublic Works
demonstrate that gates shall not be installed across any
driveway in a manner which may adversely affecC vehicular
traffic on the ad}acent public streets, and that installation of
any gates shall conform to the current version of Engineering
Standard Detai1475. The location of any proposed gates
shall be subject to the review and approval of the City
Traffic and Transportation Manager. Building plans shall
clearly indicate the location of the Knox Box required by the
Fire Department.
7 Fire lanes shall be posted wiCh "No Parking Any Time". Fire
Said information shall be specifically shown on plans
submitted for building pemlits.
8 The applicant shall submiC final elevation plans for the Planning
existing one-story building to the Planning Department for
review and approval.
PRIOR TO FINA L &UILDINGAND ZONING INSPECTION
9 The applicant shall improve Che right-of-way to construcC 4' x Public Works
4' wide Cree wells per Public Works Standard 160-A. The
applicant shall submit grading plans including landscape and '
irrigation for the public improvements along Lincoln Avenue
to the Public Works Department/Development Services. All
dimensions are taken from the construction centerline. A
Right of Way Construction Permit shall be obtained from the :
Public Works DepartmenUDevelopment Services for all
work performed in the right-of-way.
]0 Rooftop address numbers shall be painted on the roof for the Police
police helicopter. The minimum size shall be 4' in height
and 2' in width. The lines of the numbers are to be a
minimum of 6" thick. Numbers should be spaced 12" to 18"
apart. Numbers should be painted or constructed in a
contrasting color to the roofing material. Numbers should
face the street to which the structure is addressed. Numbers
are not to be visible from ground level.
11 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted Co Che
City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1
through 5, and as conditioned herein.
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GENERAL -ONGOING DURING PROJECT OPERATION
12 That no required parking areas shall be fenced or otherwise Planning
enclosed for outdoor storage uses.
13 The recycling facility shall comply with all State laws Planning
pertaining to the requirements far junk dealers and recyclers.
14 The applicant shall maintain on file an Emergency Listing Police
Card, Form APD-281. with the Police Department.
15 The applicant shall complete aBurglary/Robbery Alarm Police
Permit application, Form APD 516, and return it to the
Police Department prior to initial alarm activation.
16 "The applicant/operatorskall provide a comprehensive Police
security alarm system for the following:
e Perimeter building and access route
protection.
• High valued storage areas.
® Perimeter fence and security gating.
17 The hours of operation shall be consistent with Che letter of Planning
operation on file with Che City of Anaheim Planning
Department.
18 Extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
19 That timing for compliance with conditons of approval may Planning
be amended by the Planning Director upon a showing of
good cause provided (i) equivalent tinting 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.
20 Approval of this application constitutes approval of the Planning
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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