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
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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
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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