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Resolution-PC 99-37RESOLUTION NO. PC99-37 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE FERMIT NO. 3663, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC94-34 ADOPTED THEREWITH WHEREAS, on March 7, 1994, Resolution No. PC94-34 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 3663 and Nermit the manufactt;ring of road- base materials from recycled asphaltic concrete and a 180 sq.ft. moduiar office unit with waiver of minimum fence height at 11EQ (formerly 1244) North Lemon Street; and that said resolution includes the following condition of approval: "5. That subject approval shall expire and become null and void five (5) years from the date of this resolution, on March 7, 1999. WHEREAS, this property is currently undeveloped except for the 160 sq.ft. modular office unit and the storage and recycling of asphaltic concrete road base materials in the tv1H (Heavy Industrial) zone; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the manufacturing of road base material from asphaltic concrete and to retain fhe 160 sq.ft, modular o~ce unit pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WH=REAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the pro~!isions of the Anaheim Municipal Code, Chapter 18.03, 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. Tliat the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the 2djoining land uses and the growth and development of th~a area in which it is located. 3. That the size and shape of the site for t~~e proposal is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the tra~c generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally appro~~ed by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and ganeral weifare. S. That no one indicated their presence at the public hearing in opposition, and no correspondence was received in opposition to the proposal. CR3575MS.DOC -1- PC99-37 CALIFORNIA ENVIRONMEN~:~,L QUALITY ACT FINDING: That the Ananeim City Planning Commission has reviewed the proposal to retain the manufacturing of road base material from asphaltic concrete and to retain one 160 sq.ft. modular office unit on property consisting of 8.12 acres located on the east side of Lemon Street approximately 330 feet south of the centerline of Commercial Street and furtlier described as 1160 (formerly 1244) North Lemon Street; and does hereby find that the Mitigated Negative Declaration previously approved in connection with Conditional Use Permit No. 3663 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration refler,ts the independent judgment of the lead agency ar,d that it has considered the previously approved Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study ard any comments received that there is no substantial evidence that the project will have a significant effect on the environment, NOW, THEREFGRE, BE IT RESOLVED that tne Anaheim City Planning Commission does hereby amend Resolution No. PC94-34, adopted in connection with Conditional Use Permit No. 3663, as follows: (a) Amend Condition No. 5 to read: 5. That this conditional use permit shsll expire and become null and void on January 31, 2000. (b) Add the following new conditions: 16. That no materials shall be stored north of the southerly 2.5 acres, as shown on site plans marked Exhibit Nos. 1 and 2; and, further, that a~l materials currently stored there shall be removed from the prohibited area within one (1) month from the date of this resolution. 17. That the operator shall clean the public right-of-way (Lemon Street) adjar,ent to the subject facility on a weekly basis, or as deemed necessary by the Public Works Department. THE FOREGOING RESOLUTION as d d at t~ lanning Commission meeting of March 1, 1999. . CHAIRP N, NA f CITY PLANNING COMMISSION ATTEST: /ka2~~~cv ~~ SECRETA~,Y, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 March 1, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: PJONE ABSENT: COMMISSIONERS: NONE IN WITNESS WFiEREOF, i have hereunto set my hand this ~ day of ~~ 'l~_, 1999. /j'(CZlZ~a/2cf~ ~0~0~ SECRETARY,~NAHEIM CITY PLANNING COMMISSION -2- PCS9-37