Resolution-PC 98-140RESOLUTION NO. PC98-140
A P,ESOLUTION OF THE ANAHEIP~1 CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4044 BE GRANTED FOR THP.EE (3) YEARS
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: LOTS 19, 29, 21, 22, 23, 24 AND THE UNNAMED STREET
ADJOINING LOT 21 ON THE EASTERLY BOUNDARY, TOGETHER WITH
THAT PORTION OF LOT 33 LYING NORTf-IWESTERLY OF THE RIGHT OF
WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY (NOW
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY), AtJD ALSO
TOGETHER WITH THAT PORTION OF POMELO DRIVE ADJOINING SAID
LOTS 19, 20 AND 21 ON THE SOUTHEAST AND SAID LOTS 22, 23 AND 24
OF THE NORTHWEST, AND LYING NORTHEASTERLY ON THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
SAID LOT 18, SAId POMELO DRIVE BEING ABANDONED AND VACATED BY
RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNIY
ON MARCH 29, 1938, A CER'fIFIED COPY OF WHICH WAS RECORDED
MARCH 31, 1938 IN BOOK 932, PAGE 164 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY, ALL LAND BEING WITHIN ORANGE GROVE ACRES NO.
2, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 36 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF TtiE
NORTHWFSTERLY LINE AND ITS NORTHEASTERLY PROLONGATION OF
THAT CER7AIN 100 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO
THE COUNTY OF ORANGE, RECORDED AUGUST 23, 1922 IN BOOK 433,
PAGE 202 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER.
ALSO EXCEPT THEREFROM A STRIP OF LAND 20.00 FEET WIDE, THE
SOUTHEASTERLY LINE OF SAID STRIP BEING THE NORTHWESTERLY
LINE OF SAID RAILWAY COMPANY RIGHT OF WAY.
ALSO EXCEPT THEREFROM THOSE PORTIONS OF LAND DESCRIBED IN
DEEDS TO THE STATE OF CALIFORNIA, RECORDED AUGUST 9, 1954 IN
BOOK 2787, PAGE 454, AND RECORDED AUGUST 15, 1966 IN BOOK 8018,
PAGE 712 OF OFFICIAL RECORDS.
PARCEL 3: LOTS 16, 97, 18, 25, 26 AND 27 OF ORANGE GROVE ACRES
NO. 2, AS SHOWN ON A MAP RECORDEO IN BOOK 7, PAGE 36 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITFi THAT PORTION OF POMELO DRIVE
ADJOINING SAID LOTS 16, 17 AND 18 ON THE SOUTHEAST AND SAID
LOTS 25, 26 AND 27 ON THE NORTHWEST AND LYING NORTHEASTERLY
OF THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY
LINE OF SAID LOT 16 AND SOUTHWESTERLY OF THE SOUTHEASTERLY
PROLONGA710N OF THE NORTHEASTERLY LINE OF SAID LOT 18, SAID
POMELO DRIVE BEING ABANDONED AND VACATED BY RESOLUTION OF
CR3424MS.DOC -1- PC98-140
THE BOARD OF SUPERVISORS OF ORANGE COUNTY ON MARCH 29, 1938,
:4 CERTIFIED COPY OF WHICH RECORDED i1AARCH 31, 1938 IN BOOK 932,
PAGE 164 OF OFFICIAL RECORDS OF SAID ORANGE COUNN.
EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY LINE OF THAT CERTAIN 100 FOOT STRIP OF LAND
DESCRIBED IN TI'c DEED TO 7HE COUNTY OF ORANGE, RECORDED
AUGUST 23, 192G IN BOOK 433, PAGE 202 OF DEEDS, IN THE OFFICE OF
SAID COUNTY R~:CORDER.
ALSO EXCEPT THt:REFROPA THOSE PORTIONS OF LANDS DESCRIBED IN
THE FOLLOWING CEEDS TO THE STATE OF CALIFORNIA: (1) P.ECORDED
JUNE 7, 1954 IN BOOK 2741, PAGE 224, (2) RECORDED AUGUST 9, 1954 IN
BOOK 2787, PAGE 454 AND (3} RECORDED AUGUST 15, 19E6 IN BOOK
8018, PAGE 712 ALL OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City af Anaheim on August 31, 1998 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
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 tind 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 18.03.030.010 and 18.110.060.050.0501 to permit a steel storage yard
with two accessory temporary modular buildings with waiver of the following:
Section 18.110.060.090.0903(a) - Minimum landscaped setback adiacent to a freeway.
(30 feet required; 15 feet proposed)
2. That this use permit is for two modular buildings although it was inadvertentiy advertised
for one modular buildinc~.
3. That the outdoor steel storage yard with the two temporary accessory modular buildings
is listed as a conditionally permitted use within Development Area 1 a of the Northeast Area Specific Plan
(SP 94-1).
4. Tliat the proposed outdoor steel storage yard, with no permanent structures and located
between the SR 91-Riverside Freeway and the Santa Ana River, will not adverseiy affect adjoining land
uses nor affect the growth and development of other sites in the surrounding area (inciuding f~ture
development of this site}.
5. That the size and shape of the site for this outdoor steel storage yard is adequate to allow
full development of the use in a manner not detrimenial to ihe particular area nor to the peace, heallh,
safety and general welfare due to the landscaping and fencing which will effectively screen lhis storage
facility from the pubiic's view.
6. That the steel storage facility will utilize rail Iines to provide transportation of the steel
materials to lhe site and will limit the truck traffic for the distribution of steel materials from the property to
the fabricators in an effort to reduce the number of truck trips to the site and not create an undue burden
upon the streets and highways in the area.
7. That granting of this conditional use permit, under tf~e conditions (mposed and especiaily
preventing any visual intrusion of this steel storage yard to the pubi(r: or sourrounding properties, w(II not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the A~aheim City
Planning Commission has reviewed the proposal to permit a steel storage yard with two accessory
temporary modular buildings with waiver of minimum landscaped setback adjacent to a;reeway on a
16.0-acre parcel Iocated at the eastern terminus of Frontera Street, having r~ frontage of 60 feet on the
east end of Frontera Street and 1,085 feet on the south side of the Riverside Free:vay, a maximum depth
450 feet, and further described as 3400 East Frontera Street; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgement 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 :eceived that there
is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Gity Planning Commission
does hereby grant subject Pelition for Conditional Use Permit, upon ihe 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 welfar2 of the Citizens of the City of Anaheim: -
1. That subject us2 permit shall expire three (3) years from the date of this resolution, on August 31,
2001.
2. That plans shal! 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 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
3. That the driveway on Frontera Street shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137.
4. i hat the parking area shali only be used for vehicle parking and shall not be used for outdoor
storage.
5. That plans shall be submitted to and approved by the City Tra~c and Trancnortation Manager
specifying how the vehicular security gates and vehicie turn-around area will function.
6. That because this project has landscaping areas exceeding twenty five thousand (2,500) sq.ft., 2
separate irrigation meter shr~ll be installed in compliance ~vith City Ordinance No. 5349 and
Chapter 10.19 of Anaheim M~~nicipal Code.
7. 7hat the developer shall submit a water quality management pl~n (WQMP) specifically identifying
best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shali be submitted to the Public Works Department, Development
Services Division, for review and approval.
8. That trash storage area(s) shall be provided and maintained in location(s) acceptabl:i to the Pubiic
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Departmer~t. Said storage areas shall be designed, located and screened so as not to be
re~dily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from gra~ti opportunities by the use of landscaping such as clinging vines or tall
shrubbery. Said information shall be specifically shown on the plans submitted for i'ublic Works
Department, Streets and Sanitation Division, approval.
9. That a plan sheet for solid waste storage and cullection and a plan fior recyciing shall be submit:Ad
to the Public Works Department, Streets and Sanitation Division, for review and approval.
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10. 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 Public Works Department,
Streets and Sanitation Division. Said turn-around area shail be specifically shown on ~ plans
submitted for building permits.
11. That subjecf facility shall be subject to monthly inspections by the City's Code Enforcement
Division during the entire duration of the business. The cost of such inspections shall be paid by
the operator of subject facility.
12. That all lockable pedestrian and vehicular access gates shall be equipped with "knox box" devices
as required 2nd approved by the Fire Department. Said information shall be specifically shown on
plans submitted for building permits.
13. That the property shall be permanently maintained in an orderly fashion ihrough the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
14. That a landscaping, irrigation and fencing plan for subject property along the north, e2st and south
property lires shall be submitted to the Zoning Division for re~~iew and approval. The landscaping
plan shall show Eucalyptus trees on maximum ten (10) foot cen!ers in a staggered formation
(including minirnum twenty four (24) inch box trees located adjacent to the Riverside Freeway),
shrubs planted on maximum eighteen (18) inch centers, and clinginy vines on maximum three (3)
foot centers located on the exterior of the perimeter fenca and planted on a minimum three (3) foot
high earthen berm. Any decision made by the Zoning Division regarding said plan may be
appealed to the Planning Commission and/or City Council. Once approved, the landscaping shall
be installed prior to any material storage and shall be maintained in accordance with the plan.
15. That any tree or shrubs planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dead.
16. That any proposed freestanding sign on subject property shall be a monument-type not exceeding
eight (S) feet in height as measured from the grade of the sidewalk and a maximum twenty (20)
square feef in overail area, and shall be subject to the review and approval of the City Traffic and
Transportation Manager to determine adequate lines-of-sight. Said sign design shall also be
subject to the review and approval of the Planning Department.
17. That prior to commencing operation of this business, a valid business license shall be obtained
from the City of Anaheim Business License Division.
18. That the six (6) foot high chain link fence shall incorporate both PVC os similar slats, as reviewed
and approved by the Planning Department, and a"scrim" mesh to pravide screening for the subject
steel storage yard except at thQ entrance on Frontera Street where a decorative entry shall be
provided including wrought iron fencing and siump stone pilasters. Said information shall be
specifically shown on plans submitted for building permits.
19. That only new steel materials shall be shipped by rail to this property. At no time shall any used,
recycled ur salvage materials of any type (including, but not limited to, shredded metal wastes,
vehicles and vehicle parts, etc.) be stored on this property.
20. That the storage of new steel materials shall not be visible to the Riverside Freeway or other
adjacent and nearby properties and shall be limited to a maximum stacked height of six (6) feet, as
measured from ground Ievei. At no time shall the steel be stored at a Ievel equal to or higher than
the six (6) foot high slatted chain link fence.
21. That the driveways, drive-aisles between storage areas, and the parking lot shall be paved with
typical asphalt, and that the actual storage areas of the site shall be paved with a"slag" surface.
The business owner shall be responsible for the repair/refurbishment of the paved areas at any
time that the steel materials or vehicles damage the paving.
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22. That a maximum two (2) heavy duty forklifts shall be permitted to handle the loading and
unloading operations on-site, and that there shall be no cranes, derricks, etc., used at this location
for tlie operations of the steel storage yard.
23. That trucks may be used to deliver the steel from the storage yard to the fabricators or to other end
users; provided, however, that the trucks and trailers shali not be stored at this site.
24. That subject property shall be developed substantially in accordance with pians 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, 2 and 3, and as conditioned herein.
25. That any over-sized delfveries shall require transportation permits and shall be limited to transport
between the hours of 7:00 p.m. and 7:00 a.m. only.
2~. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within a period of one (1 } year from the date of this resolution, wiiich~ver occurs
first, Condition Nos. 2, 5, 7, 8, 9, 10, 12, 14 and 18, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accoraance wifh Section
18.03.090 of the Anaheim Municipal Code. _
27. That prior to the commencement of the activity authorized by this reso~utien, or prior to final
building and zoning inspections, or within a period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 3, 6, 97, 21 and 25, above-mentioned, shall be complied
with.
28. That approval of this application constitutes approvai 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 yuas,jad~ed~t the•PI ning Commission meeting of
August 31, 1998. 1 I~ / i
ATfEST: ~j~
SECRETARY NAHEIM CITY PLANNING COMMISSION
ION
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.h
~
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that fhe foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 31, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I`'C~ day of (`,~. ,
1998.
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
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