PC 83-152/'\
RESOLUTION NO. PC83-152
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A RRSOLUTIO[d QF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDlTIONAL USE PERMIT NO. 2474 BE DENIED
WHEREAS, khe Anaheim City Planning Commission did receive a'verified
Petition for Conditional Use Permit from ORANCE COUNTY WATER DISTRICT, P. O.
Box 8300, Fountain Valley, California 92708, owner, and BLAIR PAVZNG, INC.,
4071 East La Palma Avenue, Suite B, Ananeim, Cali~ornia 92807, agent of
certain real prop?rty situated in the City of Anaheim, County of Orange, State
of California, described as:
BEING A PORTION OF LOTS 23 AND 24~ OF B:,OCK 36 IN THE YORBA
LINDA TRACT AS SHOWN ON A N.AP RECORDED IN BOOK 5, PAGES 17
AND 18 OF MISCELLANEOUS MAPS~ RECORDS OF THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, MORE PARTZCULARLY DESCRIBED AS
FOLLOWS:
CO[4MENCING AT THE CENTERLINE OF RICHFIE:,D ROAD, 50 EEET WIDE
AT ITS INTERSECTION WITH THE CENTERLINE OE LA PALNIA AVENUE
60 FEET WIDE. THENCE .iOUTH 0° 11' 32" EAST ALONG THE
CENTERLINE OF SAID RICHFItLD ROAD, 1908.6 FEET MORE OR LESS
TO ITS TNTERSECTION WITH A CHAIN LINK FENCE. SAID
INTERSECTION POINT BE4RS NORTH 0° 11' 32" WEST ALONG SAID
CENTERLINE, 20.93 FEET FROM A 3/4 INCH IRON PIPE TAGGED L.S.
3255 MARKING THE INTERSECTION OF SAID CENTERLINE WITH THE
NORTHWESTERLY RIGHT O° WAY LINE OF THE SANTA ANA RIVER AS
SHOWN ON A MAP RECORDED IN BOOK 89, PAGE 41~ RECORDS OF
SURVEYS, COUNTY OF ORANGE~ STATE OF CALIFORNIA. SAID FENCE
LINE POItdT BEING THE TRUE POZNT OF BBGINNING. THENCE ALONG
THE NOW EXISTING FENCE LINES, THE FOLLOWING COURSES AND
DISTANCES: SOUTH 53° 11' S0" WEST~ 35.01 FEET; SOUTH 51°
50' 12" WEST, 381.56 FEET; NORTH 26° 16' 44" WEST, 3~6.27
FEET; AND NORTH 55° O1' 24" EAST~ 365.42 FEET TO A POINT ON
THE WEST LINE OF A ONE ACRE PARCEL ON THE WEST SIDE OF
RICHFIELD ROAP AS SHOWN ON SAID RECORD OF SURVEY 89-41.
THENCE LEAVING SAID FENCE LINE AND WESTERLY LINE OF SAID ONE
ACRE PARCEL~ SOUTH 75° 10' S6" EAST, 26.85 FEET TO THE
SOUTHWESTERLY CORNER OF A WOVEN WIRE FENCE EN~LOSING A YORBA
LINDA WATER DISTRICT WELL SITE. THENCE ALONG LAST SAID
FENCE THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 55'
08" EAST~ 73.09 FEET; NORTH 32° 30' 19" EAST~ 86.64 FEE4';
AND NORTH 0° 03' 52" WEST~ 25.35 FEET TO THE INTERSECTION OF
0 CHAIN LINK FENCF WHICH BEARS NORTH 70° 05' 08" EAST.
THENCE ALONG LAST SAID FENCE NORTH 70° 05' OB" EAST, 68.59
FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID
RICHFIELD ROAD. THENCE SOUTH 0° 11' 32" EAST ALONG SAID
EAST RIGHT OF ~qAY LINE, A DISTANCE OF 20A.25 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE AND CONTINUING ALONG AN
EXISTING CHAIN LINK FENCE~ THE FOLLOWING CC~URSES AND
DISTANCES: NORTH 82° 14' S5" GAST~ 133.56 FEET; SOUTH 08°
11' 16" EAST, 73.86 FEET; AND SOUTH 53° 11' 50" WGST~ 208.88
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4.33 ACRES~ MORE OR LESS.
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WHEREAS, the City Planning Co;nmission did hold a public hearing at
the Civic Center in the City of Anaheim on August 22, 1983 at 1:30 p,m.,
notice of said public hearing having been d+~ly given as required by laa 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; said public hearing having been continued to the Planning
Commission meeting of September 7, 1983 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 18.03.030.010,
18.21.050.130 and 18.90.050 to wit: to permit a portable asphalt concrete
plant in the RS-A-43,000(SC) (FP) (Residential/Agricultural, Scenic Corridor,
Flood-Plain Overlay) Zone.
2. That the proposed use is hereby denied on the basis that the use
as existing under previously approved Conditional Use Permit No. 2207 has
caused detrimental effects on the residential area across the Santa Ana River
to the south from this plant's operation, truck noise, pollution and ebnoxious
odors; and that the proposed expanded use would increase the detrimental
effects.
3. That sufficient evidence was not submitted to determine whether
or not the proposed project, alone or in combination with any existing
developments, would not endanger life, would not significantly restrict the
carrying capacity of the re9ulatory floodway, would not increase flood heights
and would not increase the velocity of floodwaters.
4. That the proposed use wiii adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be
located.
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will 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 will impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
7. That approximately 5 persons indiceted their presence at the
July 25, 1983 public hearing in opposition and approximately 25 persons
indicated their presence at the September 7, 1983 public hearing in
opposition; and that approximately 12 letters and petitions containing
approximately 367 signatures were received in opposition to the subject
petition.
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ENVIRONMENTAL IMPACT FINAING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a portable asphalt concrete
plant in the RS-A-43,000 (SC) (FP) (Residential/Agricultural, Scenic Corridor,
Flood Plain Overlay) Zone on an irregularly-sl~aped parcel of land consisting
of appruximately 4.3 acres, having a frontage of approximately 50 feet on ~he
southerly terminus of Richfield Road, having a maximum depth of approximately
680 feet and being located approximately 1750 feet south of the centerline of
La Palma Avenue and further described as 1101 Richfield Road; and does hereby
disapprove the proposed negative declaration upon finding that it has
considered the proposed negative 9eclaration together with any comments
received during the public review process and further finding that on the
basis of the initial study and on the comments received t•here is substantial
evidence that the project will have a significant effect on the environment;
and upon the basis that the Planning Commission did not have sufficient
evidence to make a finding that the proposed project, alone or in combination
with any existing developmentss will not endanger life, will not significantly
restrict the carryin9 capacity of the re9ulatory floodway (Santa Ana River),
and will not increase flood heights nor increase the velocity of floodwaters.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby deny subject Petition for Conditional Use Permit, on
the basis of the aforementioned findings.
THE FOREGOING RESOLUTION is signed and approved by me this 7th day of
September, 1983.
___~~> .~1 ,~~Sr~.c~
CHAIRMAN, AHEIM CITY PLANNING COMMISSION
ATTEST•
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
S'TATE OF CALIFORNIA )
COUNTY OF OFtANGE ) 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 September
7, 1983, by the foZlowing vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, 1'RY, HERBST, KING, LA CLAIRE,
MC PURNEY
NnES: COMMISSIONERS: NONE
ABS~NT; COMMISSTONERS: NONE
IN WITNESS WHER~OF, I have hereunto set my hand this 7th day of
September, 1983.
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SECRETT.RY~ ANAHEIM CITY PLANNING COMMISSION ~
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim CiEy Planning
Commissiun has reviewed the proposal to permit a portable asphalt concrete
plant in the RS-A-43,000 (SC) (FP) (Residential/Agricultural, Scenic Corridor,
Flood Plain Overlay) Zone on an irregularly-shaped parcel of land consisting
of appror.imately 4.3 acres, having a frontage of approximately 50 fee"t on the
southerly terminus o° Richfield Road, having a maximum depth of approximately
680 feet and being located approximately 1750 feet south of the centerline of
La Palma Avenue and further described as 1101 Richfield Road; and does hereby
disapprove the proposed negative declaration upon finding tliat it has
considered the proposed negative declaration together with any comments
received during the public review process and further finding that cn the
basis of the initial study and on the comments received there is substantial
evidence that the pcoject will have a significant effect on the environment;
and upon the basis that the Plannin9 Commission did not have sufficient
evidence to make a finding that the proposed project, alone or in combination
with any existing developments, will not endanger life, will not significantly
restrict the carrying capacity of the regulatory floodway (Santa ~na River),
and wili not increase flood heights nor increase the velocity of floodwaters.
Commissi no does Hhe ebyEdenyE s bject SPetitionh for tConditional Uset Per,~n.it nlon
the basis of the aforementioned findings.
THE FOREGOING RESOLUTION is signed a~d approved by me this 7th day of
September, 1983.
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CHAIRMAN~ AHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby c~rtify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on September
7, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST, KING, LA CLAIF ,
MC BURNEY
NOES: COMMISSIONERS: NONE
I+BSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have herevnto set my h:and this 7th duy oi
September, 1983.
~~ .C /~K~~,.
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC83-152