Resolution-PC 2002-127~ ~
RESOLUTION NO. PC2002-127
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04586 BE GRANTED
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, described as:
PARCEL 1: THE EAST 195.63 FEET OF THE NORTH 312.00 FEET OF THE
SOUTH 334.00 FEET OF THE WEST HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2: THE EAST 75.00 FEET OF THE FOLLOWING:
THE NORTH 312.00 FEET OF THE SOUTH 334.00 FEET OF THE WEST HALF OF THE
NORH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA.
EXCEPTING THEREFROM THE EAST 195.63 FEET.
PARCEL 3: THE PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 8, 1955 IN
BOOK 3131, PAGE 111 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
ALONG THE SOUTHERLY LINE OF SAID LAND SO CONVEYED NORTH 89° 35' 07"
WEST, 603.42 FEET; THENCE NORTH 08° 55' 51" EAST 20.68 FEET; THENCE NORTH
09° 59' 34" EAST 89.58 FEET; THENCE SOUTH 86° 18' 25" EAST 245.79 FEET;
THENCE SOUTH 82° 1118 EAST 342.88 FEET TO A POINT IN THE EASTERLY LINE OF
SAl~ SOUTHEASTERLY CORNER; THENGE SOUTHERLY ALONG SAID EASTERLY
LINE 50.57 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED JUNE 24, 1997 AS INSTRUMENT NO. 19970292086 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 24, 1997 AS INSTRUMENT NO.
19970292086 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 26, 2002 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
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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 Sections 18.61.050.260 and 18.63.050.210 to permit a recycling business and
to construct an industrial building with the following waivers:
(a) Sections 18.04.060.050 - Required parkinq lot landscapinq.
18.61.066.020 (No more than 10 parkinq spaces permitted adjacent to each other
and 18.63.066.030 in a row without being separated by 5-foot wide landscaped
planters required;
11, 12 and 13 adiacent parkinq spaces proposed without required
landscaped planter separation, as shown on Exhibit 1"Site Plan")
(b) Section 18.63.063.010.011 - Required structural setback abuttinq an arterial hiqhwav.
(minimum 50-foot setback required in the MH Zone adjacent to
Secondary Arterial Highways, with minimum 10 feet landscaped;
10-foot building setback, fully landscaped, proposed along
Commercial Street)
(c) Section 18.61.063.010.012 - Minimum landscaped and structural setback adiacent to a freewav
riqht-of-way.
(25-foot buildinca setback required in the ML Zone adjacent to
_freeway on-ramps, with minimum 10 feet landscaped;
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20-foot buildinq setback, fully landscaped, proposed)
2. That waiver (a), required parking lot landscaping, is hereby approved on the basis that
there is a special circumstance applicable to the property consisting of its irregular shape, which does not
apply to other identically zoned properties in the vicinity.
3. That waiver (b), required structural setback abutting an arterial highway, is hereby
approved on the basis that although Commercial Street is classified as a Secondary Arterial Highway by
the Circulation Element of the Anaheim General Plan, changes in the immediate surroundings have
altered the traffic patterns and circulation along this street such that it functions more like a local street,
and the minimum structural setback along local streets in industrial zones is only five feet.
4. That waiver (c), which is waiver of minimum `landscaped and structural' setback adjacent
to a freeway right-of-way, was inadvertently advertised as minimum `landscaped' setback adjacent to a
freevvay right-of-way; and that the waiver is hereby approved on the basis that there is a special
circumstance applicable to the property consisting of its irregular shape, which does not apply to other
identicaiiy zoned proper~ies in the vicinity.
5. That there are special circumstances applicable to the property such as shape, location
and surroundings, which do not apply to other identically zoned properties in the vicinity.
6. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
7. That the proposed recycling business (to be completely contained within a building) is
properly a use for which a conditional use permit is authorized by the Zoning Code in the underlying ML
(Limited Industrial) and MH (Heary Industrial) Zones.
8. That the proposal, under the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the industrial area in which it is proposed to be located.
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9. That the size and shape of the site for the proposal, under the conditions imposed, is
adequate to allow full development of the proposal in a manner not detrimental to the particular area nor
to the peace, health, safety and general welfare.
10. That the traffic generated by the proposal, under the conditions imposed, will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area.
11. That granting of this 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.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a recycling business and to construct an
industrial building with waivers of required parking lot landscaping, required structural setback abutting an
arterial highway, and minimum landscaped and structural setback adjacent to a freeway right-of-way on
an irregularly-shaped 3-acre property located north and east of the northeast corner of Commercial Street
and Anaheim Boulevard, with frontages of 270 feet on the north side of Commercial Street, 100 feet on
the east side of Anaheim Boulevard and 589 feet on the south side of the SR 91/Riverside Freeway, and
further described as 125 East Commercial Street; and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the_~roject will have a significant effect on the environ_ment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant 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 all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be
properly shielded from view from any adjacent public right-of-way or property, as stipulated to by the
petitioner. Such information shall be specifically shown on the plans submitted for building permits.
2. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
3. That the water backflow equipment shall be above-ground and outside the street setback area in a
manner fully screened from a!I public streets, Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
the streef setback area in a manner fuiiy screened from aii pubiic streets. Said inforrnation shail be
specifically shown on plans reviewed and approved by the Water Engineering and Cross Connection
Inspector before submittal for building permits.
4. That a private water system with separate water service for fire protection and domestic water shall
be provided.
5. That all requests for new water services or fire lines, including any modifications, relocations or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
6. That landscaping shall be provided around the above-ground large meter and/or fire line to visually
shield said equipment from the public streets. Said information shall be specifically shown on the
plans submitted for building permits.
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7. That since this project has a landscaping area exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape
Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall
be specifically shown on the plans submitted for building permits.
8. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim
(Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or
an easement for large meters and other public water facilities.
9. That the developer/owner shall provide a detailed water usage analysis and building plans for Water
Engineering Division review and approval to determine the adequacy of the existing water system to
meet the projecYs water requirements. Any system improvements shall be in accordance with Rule
No. 15A.6 of the Water Utility's Rates, Rules and Regulations.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits. ___ _
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division, for review and approval.
13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
14. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
15. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit.
16. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
18. That no 'compacY or `small car' parking spaces shall be permitted.
19. That the petitioner shall work with the California Department of Transportation (CalTrans) to
construct and restripe Anaheim Boulevard at the SR-91/Riverside Freeway east bound traffic on-
ramp to provide for a right turn lane to the freeway.
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20. That Commercial Street shall be striped to provide ingress and egress to the proposed driveway on
Commercial Street. A striping plan shall be submitted to and approved by the City Engineer prior to
the issuance of building permits.
21. That a landscaping plan for the entire site, specifying type, size and location of proposed
landscaping and irrigation, shall be submitted to the Zoning Division of the Planning Department for
review and approval. The landscaping plan shall include minimum twenty four (24) inch box sized or
larger trees, shrubs and groundcover in the landscape planter adjacent to Commercial Street and
adjacent to the SR-91/ Riverside Freeway to provide a`layered' landscaped area.
22. That any tree and/or other landscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dies.
23. That the landscaped setback along the public rights-of-way shall be planted and irrigated with
minimum twenty four (24) inch box sized trees located on maximum finrenty (20) foot centers. Said
information shall be specifically shown on the plans submitted for building permits.
24. That if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Commercial Street.
The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry
Division.
25. That the proposal shall comply with all sign regulations of the ML (Limited Industrial) and MH (Heavy
Industrial) Zones unless a variance allowing sign waivers is approved by the Planning Commission
__ and/or City Council. _
26. That a plan shall be submitted to the Traffic and Transportation Manager for review and approval
showing a loading space for trucks in conformance with Code Section 18.06.060 "Truck Loading
Requirements" of the Anaheim Municipal Code.
27. That the recycling business shall be limited to the business operation described in the Letter of
Operation submitted by the petitioner and dated July 9, 2002, on file with the City Anaheim Planning
Department. The business shall operate as a processing facility and not serve as a collection facility
open to the public.
28. That all vehicle traffic to this industrial site shall be limited to employees and industrial vehicles.
29. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6, and as conditioned herein.
30. ~hat the operator of this faciiity shaii pay the cast o~ any Code Enforcernent insp2ctions which may
be required to address Code violations relating to compliance with the conditions of approval of this
conditional use permit.
3~ . That a Lot Line Adjustment plat to adjust the property lines such that any new building lies
completely within one (1) parcel shall be submitted to the Subdivision Section of the Public Works
Department for review and approval by the City Engineer, and then be recorded in the O~ce of the
Orange County Recorder. A maintenance and reciprocal parking agreement, in a form approved by
the Anaheim City Attorney, shall be provided and recorded as part of the Lot Line Adjustment.
32. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 20, 21, 23,
26 and 31, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
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33. That prior to final building and zoning inspections, Condition Nos. 2, 4, 19, 24 and 29,
above-mentioned, shall be complied with.
34. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 was adopted at the Planning Commission meeting of
August 26, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
..~~.~....~ ~ __ - -
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 August 26, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
l IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
2 ,•, b , 2002.
~,<JS~rc_ a.v~_ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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