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Resolution-PC 2009-123RESOLUTION NO. PC2009 -123 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DE °I'ERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05459 (DEV2009 -00033) (3200 AND 3250 EAST FRONTERA STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit 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 to retain an existing scrap metal salvage and shredding and non ferrous collection and processing facilities, automobile dismantling, storage of recycled plastic pellets by rail car and truck and used auto parts businesses; and WHEREAS, this property is developed with an existing scrap metal salvage and shredding and non- ferrous collection and processing facilities, automobile dismantling, and used auto parts businesses located on a former Orange County landfill in the SP94 -1 Development Area 1 (Northeast Area Specific Plan; Industrial Area) zone and the Anaheim General Plan designates the 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 December 7, 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, 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. The request to retain an existing scrap metal salvage and shredding and non ferrous collection and processing facilities, automobile dismantling, and used auto parts businesses is properly one for which a conditional use permit is authorized under Code Section No. 18.120.050.0528 of the Anaheim Municipal Code. 2. The continued operation of the an existing scrap metal salvage and shredding and non- ferrous collection and processing facilities, automobile dismantling, and used auto parts businesses will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is an existing use and has been operating in confoin,ance with all code requirements and is a compatible use for the surrounding uses in the area and would be screened from public view of the freeway by the existing 25 foot landscaped setback along Frontera Street and the existing landscaping adjacent to the riverbed to the south of the facility. 3. The size and shape of the site for the use is adequate to retain the full development of the existing use in a manner not detrimental to the particular area or to the health, safety and general 1 PC2009 -123 welfare of the public because all business activities are contained within the property and all outdoor storage of materials are sceened from adjacent public rights -of -ways as required by code. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking provided for this use exceeds what is required by code. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use has been existing on the site in compliance with all conditions and regulations and is screened from public view as required by code. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, CIass 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009 -05459 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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. BE IT 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. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 7, 2009. 2 PC2009 -123 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, AI'! HEIM eITAPIJANNING COMMISSION /1 SENIOR SECRETARY, ANAHEIM C Y PLANNING COMMISSION 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 December 7, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of December, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -123 0 APN: 360- 071 -24 �z 360- 071 -30 360- 071 -34 360- 071 -28 360- 071 -09 0- 1 231. 360- 071 -37 360- 071 -14 360- 061 -14 360 071 -36 360 071 -22 360 071 -31 360- 071 -27 360- 071 -35 360- 071 -33 0 150 300 F EXHIBIT "A" DEV2009 -00033 imiew Lj z Li 0 v Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet 10878 4 PC2009 -123 LL (10 1 Property Owned by David B. Williams Company (APNS: 360- 071 -31 and 350 071 -35) Property Owned by SA Recycling, LLC {SeeAPN list) DEV2009 -00033 3200 and 3250 East Frontera Street APNS: 36I>- U71 -24 360- 071 -30 360-071-34 360. 071 -28 360- 071 -09 360-071-37 360-071-14 360- 061 -14 3513-071-36 350-071-22 360- 071 -27 360.071 -33 rt;stiTt_ 1' 'F' L aiP.P .Th 1 0 w ry ■rP.■1 C&713 PC2009 -123 No. GENERAL 1 4 6 7 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05459 (DEV2009- 00033) Conditions of Approval The applicant shall maintain a current NPDES Stormwater Permit (either individual (Order 98 -4 (CA80277) and/or General Industrial) and comply with the provisions and requirements of this permit, as well as the requirements of the City's Industrial Inspection Program 2 Material, operations and outdoor storage shall be screened from public view from surrounding properties and all public rights of way using any combination of landscaping, fencing and or an earthen berm. 3 That within 120 days of the day of CUP approval, but not later than April 6, 2010, the City and SA Recycling and David B. Williams Co. will develop a pavement mitigation plan to address pavement deterioration resulting from truck traffic associated with the recycling of scrap metal salvage, shredding, automobile dismantling and used automotive parts." No retail sales of individual auto parts shall be permitted on -site. The owner shall maintain a barricade, rumble strips and signs on Frontera Street to control traffic access. Applicant shall employ a method (Best Management Practice) of preventing dust and incidental debris from being tracked off -site by vehicles (truck traffic). 8 The subject business shall operate in compliance with City laws, fire laws, health and safety laws and all other applicable local and state laws. 9 The applicant shall submit a letter to the Planning Department requesting termination of Conditional Use Permit No. 2000- 04285. 6- Responsible for Monitoring Code Enforcement Code Enforcement Public Works Code Enforcement Code Enforcement Public Works Police /Code Enforcement Planning PC2009 -123 10 That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan). This condition does not preclude relocation of minor accessory structures such as scales, scale houses, temporary trailers and similar small structures whose occasional relocation is necessary to accommodate efficient operation of the permitted use. Planning 7 PC2009 -123