PC 81-250RESOLUTION MO. PC81 -2 0
A RESOLUTION OF THE ANAHEIM C I T Y PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2276 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from BENNER SHEET METAL, INC., 2871 East La
Cresta, Anaheim, California, 92805, owner, and LOUIS A. BENNER, 219 South Lemon,
Anaheim, California, 92805, agent, of certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
LOTS 12 AND 130 OF THE EUCALYPTUS FOREST TRACT, AS PER MAP
RECORDED IN BOOK 5, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 30, 1081, 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 Municipal 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 Section 18.61.050.511 to wit: To
permit a metal recycling center in the ML (Industrial, Limited) Zone with waiver of
the following.
SECTION NO. 18.61.064.020 - MAXIMUM FENCE HEIGHT
(30 inches permitted in front setback;
6 feet proposed)
2. That the requested waiver is hereby denied on the basis that the
petitioner agreed at the public hearing to submit revised plans, for approval by the
City Traffic Engineer and Planning Department, relocating the gate 60 feet from the
sidewalk on Miraloma Avenue and relocating the proposed 6 -foot high block wall 50
feet from Miraloma Avenue; thereby deleting the need for said waiver.
3. That the proposed use, as granted, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
4. That the size and shape of the site proposed for the use, as granted,
is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
PC81 -250
5. That the granting of the 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.
6. That the traffic generated by the proposed use, as granted, will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a metal recycling center in the ML (Industrial,
Limited) Zone with a waiver of maximum fence height on a rectangularly- shaped parcel
of land consisting of approximately 1.7 acres, having a frontage of approximately 265
feet on the south side of Miraloma Avenue, and being located approximately 920 feet
west of the centerline of Red Gum Street (2860 and 2870 Miraloma Avenue); and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan designates the subject property
for general industrial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, 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 sidewalks shall be installed along Miraloma Avenue as required by the
City Engineer and in accordance with standard plans and specifications on
file in the Office of the City Engineer.
2. That the owner(s) of subject property shall submit a letter requesting the
termination of Conditional Use Permit No. 2079 to the Planning Department.
3. That the existing structures shall be brought up to the minimum standards of
the City of Anaheim, including the Uniform Building, Plumbing, Electrical,
Mechanical and Fire Codes as adopted by the City of Anaheim.
4. That all on -site circulation for customers' vehicles and vehicles delivering
salvagable materials shall be clearly indicated on the site.
5. That subject property shall be served by underground utilities.
6. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
7. That the owner(s) of subject property shall pay the traffic signal
assessment fee in the amount of $500.00 per acre within a period of sixty
(60) days from the date herein.
8. That the owner(s) of subject property shall pay appropriate drainage
assessment fees to the City of Anaheim as determined by the City Engineer
within a period of sixty (60) days.
9. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim within a
period of sixty (60) days.
10. That fire hydrants shall be installed on subject property as required by the
Fire Marshall.
11. That trash storage areas shall be provided in accordance with approved plans
on file with the Office of the Executive Director of Public Works.
12. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No.
1, provided, however, that revised plans shall be submitted to and approved
by the City Traffic Engineer and Planning Department showing relocation of
the gate 60 feet from the sidewalk on Miraloma Avenue and relocation of the
proposed 6 -foot high block wall 50 feet from Miraloma Avenue.
13. That Condition Nos. 1, 2, 3, 4, 5, 6, 10, 11 and 12 above - mentioned, shall
be complied with prior to the commencement of the activity authorized under
this resolution, or prior to the time that the building permit is issued,
whichever occurs first, or such further time as the Planning Commission may
g rant.
14. That Condition Nos. 7, 8, and 9, above - mentioned, shall be completed within
a period of sixty (60) days of approval by the Planning Commission or no
later than January 30, 1982.
15. That no trucks, containers, or other vehicles that haul or contain trash
shall be permitted to be parked outside the perimeter of the yard.
BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOING RESOLUTION is signed and approved by me this 30th day of
November, 1981.
ATTEST:
1)..
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
-3- PC81 -250
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Edith L. Harris, 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 November 30, 1381, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1q81.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November,
"-g A, / , 1
SECRETARY, ANAHEIM CITY PLANNING COMMISSION