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84R-050 RESOLUTION NO. 84R -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2516. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from GENERAL ELECTRIC COMPANY, owner, and PAUL C. SCHATZ, agent, to permit the accessory indoor storage of polychlorinated biphenyl (PCB) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF LOT 1 IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; RUNNING THENCE NORTH 5 48' WEST ALONG THE EAST LINE OF THE "KRAEMER TRACT ", AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES 87 AND 88, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, 8.347 CHAINS TO A POINT DISTANT 718.83 FEET SOUTH 5 48' EAST MEASURED ALONG THE EAST LINE OF SAID KRAEMER TRACT FROM THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 78 25' 20" EAST 582.95 FEET TO A POINT IN THE WEST LINE OF THE RIGHT OF WAY OF THE CALIFORNIA CENTRAL RAILWAY AS DESCRIBED IN THE DEED RECORDED IN BOOK 253, PAGE 168, DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DISTANT SOUTH 14 04' WEST 650.6 FEET FROM THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF SAID FRACTIONAL SECTION 5; THENCE SOUTH 14 04' WEST ALONG THE WEST LINE OF SAID RIGHT OF WAY, 10.388 CHAINS TO A POINT IN THE SOUTH LINE OF SAID LOT 1 348.80 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF THE NORTH 154.23 FEET OF LOT 2 IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, LYING NORTHERLY OF THE FOLLOWING DESCRIBED CENTERLINE OF LA PALMA AVENUE. BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 5, BEING ALSO THE CENTERLINE INTERSECTION OF LA PALMA AVENUE AND JEFFERSON STREET; THENCE NORTH 85 07' 30" WEST, 740.48 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,000 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31 09' 44" AN ARC DISTANCE OF 543.88 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED LINE; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. 83R -230 granting Conditional Use Permit No. 2516; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use 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. 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. 5. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2516 be, and the same is hereby, granted permitting the accessory indoor storage of polychlorinated biphenyl (PCB) in conjunction with a permitted industrial use on the hereinabove described real property, subject to the following conditions: -2- 1. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 2. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That subject property owner shall obtain a Hazardous Waste Facilities Permit, as required by the State of California Department of Health Services; Permits, Surveillance and Enforcement Section; Hazardous Waste Management. 4. That regular inspections shall be conducted by the County of Orange Health Care Agency -Waste Management Section (by agreement with the State of California Department of Health Services). 5. That subject property owner shall comply with all applicable Federal regulations, including but not limited to the following as specified in 40 CFR 761.42 pertaining to storage for disposal: (a) An adequate roof and walls to prevent rain water from reaching the stored PCBs and PCB items; (b) An adequate floor which has continuous curbing with a minimum height of six inches. The floor and curbing must provide a containment volume equal to at least two times the interval volume of the largest PCB Article or PCB Container stored therein or 25 percent of the total internal volume of all PCB Articles or PCB Containers stored therein, whichever is greater; (c) No drain valves, floor drains, expansion joints, sewer lines, or other openings that would permit liquids to flow from the curbed area; (d) Floors and curbing constructed of continuous smooth and impervious materials, such as Portland cement concrete or steel, to prevent or minimize penetration of PCBs; and (e) Not to be located at a site that is below the 100 -year flood water elevation. All PCB containers in storage will be checked for leaks at least once every 30 days per Federal regulations. -3- 6. That subject property owner comply with the following provisions specified in Section 80.107b of the Uniform Fire Code: (a) Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by a two -hour occupancy separation constructed as specified in the Building Code. The storage room shall be provided with adequate drainage facilities and natural or mechanical ventilation to the outside atmosphere constructed as specified in the Mechanical Code. (b) Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used. 7. That the property owner shall comply with the following specifications, as required by the Anaheim Fire Department: (a) The two (2) required exit doors shall be two hour doors, shall swing in the direction of travel exiting from the room and shall be equipped with self closing devices. (b) The area shall be provided with dikes which shall be calculated to provide 25% containment of the maximum number of drums (seventy 55- gallon drums) that may be stored within the diked area. (c) An impervious surface must be provided for the floor area and the walls up to the required level of containment. (d) The sprinkler system shall be separated from the sprinkler system protecting the remainder of the building; provided with a separate control valve for the PCB storage area. Heads on the PCB storage area shall be changed to a higher temperature head to prevent inadvertent discharge of water onto the area. (e) Provide NFPA 704 signing for all entrances into the building and entrances to the PCB storage area. (f) Provide sorbent materials at the site to facilitate clean up of any spills. (g) Apply for and receive a permit from the Anaheim Fire Department for storage of hazardous chemicals. -4- (h) Provide adequate ventilation as required by the Mechanical Code. (i) Class I, Division I electrical wiring is required within the storage area. (j) The separation walls between the PCB storage area and the remaining areas in the building shall be two hour separation walls. 8. That transportation of all PCB materials to and from the facility shall be performed by waste haulers who have been registered by the California Department of Health Services. Containers used for storage of the PCB shall comply with shipping container specifications of the Department of Transportation. 9. That all personnel working in the storage area shall be trained in the handling, storage and recordkeeping of PCB items and that appropriate protective safety equipment shall be provided to anyone working in the PCB storage area. 10. That all loading and unloading of the drums containing PCB material be done on a concrete pad that is surrounded by a minimum 6 -inch high curbing. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 12. That Condition No. 1, above - mentioned, shall be completed within a period of 90 days from the date of this resolution. 13. That prior to final building, zoning and fire inspections, Condition Nos. 2, 3, 5, 6, 7, 10 and 11, above- mentioned, shall be complied with. 14. That the use is granted for a period of two (2) years, subject to review at the end of one (1) year in order for staff (Planning and Fire Departments) to review the situation and determine whether or not the petitioner is complying with all applicable federal, state, county and city regulations regarding the storage of hazardous materials; and that said permit shall expire on December 12, 1985, at which time another conditional use permit may be sought. BE IT FURTHER RESOLVED that the City Council 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 conditions, or any part thereof, be declared invalid or unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of February, 1984. ICI e MAYOR OF THE CITY OF NAHEIM ATTEST: CITY 'LERK OF THE C " OF ANAHEIM JLW:fn 2126M 2/17/84 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -50 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of February, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -50 on the 7th day of February, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of February, 1984. !, , , CITY CLE K OF THE CITY 0 AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -50 duly passed and adopted by the Anaheim City Council on February 7, 1984. o CITY CLERK