Loading...
93-220 RESOLUTION NO. 93K-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3608. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit an automobile fluid drainage facility and a used automobile sales lot in conjunction with an automobile dismantling and recycling facility on the adjacent parcel to the south (in the City of Stanton) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE EASTERLY 40.00 FEET THEREOF, AS PER DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 13, 1951, IN BOOK 2175, PAGE 324, OFFICIAL RECORDS; 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. PC93-104 denying Conditional Use Permit No. 3608; 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 consideration 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 for the following reasons: (a) the property is located within the Commercial, Limited ("CL") Zone of the City of Anaheim; and (b) automobile sales lots and vehicle repair and similar activities require the approval of a conditional use permit in the CL zone pursuant to Sections 18.44.050.060 and 18.44.050.085 of the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the reasons set forth in each of those certain paragraphs entitled "Facts in Support of Findings" contained in subsections A, B, C, D, E, F, G and H of Section I, and subsections A and B of Section II, of the Findings of Fact for Certification of FEIR No. 312 and Supporting Adoption of Mitigation Monitoring Plan No. 69 (hereinafter "Findings of Fact") attached hereto and incorporated herein by this reference. 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 for the reasons set forth in each of those certain paragraphs entitled "Facts in Support of Findings" contained in subsections A, B, C, D, E, F, G and H of Section I, and subsections A and B of Section II, of the Findings of Fact attached hereto and incorporated herein by this reference. 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 for the reasons set forth in that certain paragraph entitled "Facts in Support of Findings" contained in subsection A of Section I of the Findings of Fact attached hereto and incorporated herein by this reference. 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 for the reasons set forth in each of those certain paragraphs entitled "Facts in Support of Findings" contained in subsections A, B, C, D, E, F, G and H of Section I, and subsections A and B of Section II, of the Findings of Fact attached hereto and incorporated herein by this reference. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. - 2 - 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3608 be, and the same is hereby, granted permitting an automobile fluid drainage facility and a used automobile sales lot in conjunction with an automobile dismantling and recycling facility on the adjacent parcel to the south (in the City of Stanton) on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.043.102 - Maximum fence heiqht. and 18.44.064 (6 feet permitted; 10 feet proposed) subject to the following conditions: 1. That no permanent storage of vehicles shall occur in the vehicle verification/auto sales area which is intended only for the temporary holding of vehicles pending registration verification and possible sale; and, further, that no temporary or permanent storage of vehicles shall be permitted on the customer/employee parking lot. 2. (a) That this Conditional Use Permit shall expire five (5) years from the date of issuance of the certificate of occupancy for this facility; provided, however, that if the certificate of occupancy is issued one (1) year or more following the date of approval of this resolution, this Conditional Use Permit shall expire six (6) years from the date of approval of this resolution. (b) That one (1) year prior to the expiration date of this Conditional Use Permit or prior to any request for a time extension, whichever occurs first, the permittee shall be responsible for obtaining an analysis prepared by a qualified expert who is approved by the Planning Department, to determine whether any ground or other contamination (including to the local storm drain system) has occurred in connection with subject facility. If any contamination has occurred, the permittee shall be responsible for all remediation required under applicable federal, state and local laws and regulations, including the costs thereof, and shall prepare a plan to complete, and shall in fact complete, said remediation in accordance with a reasonable time schedule approved by the Planning Department subject to any applicable federal, state or local laws or regulations or the requirements of any enforcement agencies involved in the remediation. - 3 - 3. That the parking area shall be gated (in a manner approved by the City Traffic and Transportation Manager) during non- business hours to prevent people from using those areas for automotive work or abandoning vehicles after hours. 4. That the permittee shall hire and maintain uniformed security personnel to prevent the parking area from being used by customers for automotive work during operating hours. No vehicular repair shall be permitted on the premises by either customers or employees. 5. (a) That the permittee shall take all steps reasonably necessary to assure that not less than fifty percent (50%) of the local sales tax revenues generated for the entire nine (9) acre site are received by the City of Anaheim. In no event shall the city of Anaheim receive an amount less than the actual local sales tax revenue received by the City of Stanton. The permittee shall allow the City of Anaheim to audit the collection of these tax revenues. (b) The permittee shall facilitate an agreement for sharing tax revenues between the City of Stanton and the City of Anaheim to accomplish the purpose set forth in paragraph 5(a) above. Said agreement shall be effective for the entire duration of this Conditional Use Permit. Said agreement shall include a provision for the establishment of separate accounts with the State Board of Equalization (one for the city of Anaheim and one for the City of Stanton) to ensure that Anaheim receives the correct amount of sales tax revenue in a timely manner. 6. That the permittee shall comply with all terms, conditions and mitigation measures contained in Mitigation Monitoring Plan No. 69 (which plan is on file in the Planning Department and is incorporated herein by this reference) and the permittee ~ shall be responsible for compliance and any direct costs associated with said Mitigation Monitoring Plan No. 69 as established by the city and as required by Section 21081.6 of the Public Resources Code to ensure implementation of the mitigation measures in said Plan. 7. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 8. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 9. That all driveways on Beach Boulevard shall be constructed with fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. - 4 - 10. That any freestanding sign constructed in conjunction with subject facility shall match the exhibit (Exhibit No. 3) on file with the Planning Department. 11. That no "special event" permits shall be granted for subject facility and that no temporary flags, banners, balloons or other temporary advertising displays shall be permitted on the property. 12. That the operation of subject business shall utilize only (a) Caterpillar six thousand (6,000) pound forklifts to move vehicles throughout the site and (b) a 645B loader in the shipping area, as referenced in the revised Noise Assessment dated August 23, 1993, or similar equipment when such equipment is neither larger nor noisier than specified herein. 13. 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 Revision No. 1 of Exhibit Nos. 1 through 4 and Exhibit Nos. 5 and 6. 14. That the permittee shall be responsible for any direct costs associated with any fines or clean-up related to the contamination of the property (including the local storm drain system) resulting from the construction, operation, maintenance, and/or closing of subject facility. 15. That this Conditional Use Permit is approved for a single project, a portion of which is located within and subject to the jurisdiction of the City of Stanton. Exercise of this Conditional Use Permit is expressly contingent upon the continued validity, and exercise by the permittee, of Conditional Use Permit No. C93-6 approved by the Stanton Planning Commission on June 16, 1993 (the "Stanton CUP"). In the event the Stanton CUP is revoked, terminated, or expires, or the use authorized by said Stanton CUP within the City of Stanton is discontinued, terminated or abandoned, this Conditional Use Permit and all rights hereunder shall immediately terminate and be rendered null and void without further action being necessary. 16. That subject facility shall be subject to weekly inspections by the Code Enforcement Division of the Planning Department for the first six (6) months of operation and, thereafter, shall be subject to monthly inspections. The cost of such inspections shall be borne by the permittee and reimbursed to the City by the permittee within thirty (30) days following receipt of an invoice therefor from the City of Anaheim. 17. That prior to issuance of a building permit, prior to commencement of activity, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5(b), 7 and 8, 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. 18. That prior to final building and zoning inspections, Condition Nos. 3, 9, 10 and 13, above-mentioned, shall be complied with. 19. 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 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 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 is approved and adopted by the City Council of the City of Anaheim this 9th day of November, 1993. MAYO~FF~THE CITY O~~~EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM '~- 4588.1\J%JHITE\November 9, 1993 -- 6 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-220 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of November, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-220 on the 10th day of November, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of November, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ,~ I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-220 was duly passed and adopted by the City Council of the City of Anaheim on November 9, 1993. CITY CLERK OF THE CITY OF ANAHEIM FINDINGS OF FACT Includes 9/20/93 FOR PC Revisions CERTIFICATION OF FEIR NO. 312 AND SUPPORTING ADOPTION OF MITIGATION MONITORING PLAN NO. 69 INTRODUCTION Whenever a decision-making body approves a project that has significant environmental impacts, Section 21081 of the California Environmental Ouality Act (CEQA) requires that a separate finding of fact must be made for each significant impact. CEQA identifies the following three findings that must be considered: i. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in Final EIR No. 312 (the "Final EIR"). 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Finding number one above represents those actions that are within the jurisdiction of the City of Anaheim. Finding number two represents any other agency that has jurisdiction (e.g., City of Stanton). If impacts cannot be reduced to levels of insignificance and the project is nevertheless approved, the lead agency must also adopt a Statement of Overriding Considerations that states why a project will be approved despite unavoidable significant environmental impacts. The Final EIR completed for the Pick Your Part Automobile Dismantling and Recycling project identified significant impacts in the areas of land use and aesthetics; transportation and circulation; air quality; noise; earth; ground water; site drainage; sewage treatment and hazardous materials. With the implementation of mitigation measures identified in the Final EIR, two impacts remain significant: Land Use/Aesthetics and Air Quality. The mitigation measures identified in the Final EIR that are applicable to the Anaheim portion of the project will be incorporated as conditions of project approval and are listed in Mitigation Monitoring Plan No. 69 as revised by Council on October 26, 1993. This plan lists each mitigation measure, the individual or agency responsible for monitoring and implementing each measure, and an implementation schedule. The City of Stanton Planning Commission, which is a co-lead agency in this project, adopted a Mitigation Monitoring Plan to implement mitigation measures applicable to the Stanton portion of the project as a condition of project approval on June 16, 1993. The following findings of fact are made with regard to each of the environmental effects, supported by the facts in the record as summarized below. I. EFFECTS DETERMINED NOT TO BE SIGNIFICANT OR FOUND TO BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL A. Transportation/Circulation Significant Effects The Final EIR indicates that the project will result in the increased use of vehicles on and around the project site. During the construction phase of the project, construction equipment will be stored on-site and, therefore, will not result in significant impacts to the transportation system. However, during the operational phase, increases in volume to capacity ratios will range between 0.008 and 0.011 for the afternoon peak hour. Furthermore, because of the two right-turn-in/right-turn-out driveways, customers wishing to proceed north after exiting the site may attempt a "U" turn on Beach Boulevard at the first median break at Starr Street, and may adversely effect traffic safety in that area. Finding 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Findings Mitigation measures are proposed to reduce all potential impacts in this category to levels of insignificance. In order to improve circulation in the project vicinity, the property owner/developer will pay his fair share of the total cost of improvements to the intersection of Beach Boulevard and Katella Avenue in the City of Stanton. The property owner/developer will also pay for and install a No "U" Turn sign at the first median break just south of project site on Beach Boulevard, to eliminate the potential impact to public safety in the City of Stanton. The installation and location of the No "U" Turn sign shall be subject to the approval of Caltrans. B. Noise Significant Effects The project will result in increased noise levels which could result in potentially significant impacts to other land uses in the area. Noise generated during the 90-120 day construction phase of the project will be due primarily -2- to the operation of heavy equipmere: graders, dozers, trucks, cement mixers and portable generators. Under existing conditions and during construction, construction noise will be attenuated by the existing cinder block wall which separates the project site and adjacent residential uses. During the operational phase, noise generated at the project site will be due primarily to the operation of forklift and one front-end loader on the premises. Noise increases will be audible and, therefore, potentially significant, but the masonry perimeter wall attenuates the noise to levels below the ordinance limits of both Anaheim and Stanton. Noise levels on major arterials serving the project site will increase due to increased traffic generated by the project. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Findings The following measures will mitigate noise to levels of insignificance. In order to limit noise impacts to nearby residences, hours of operation will be limited to 8:00 a.m. to 6:00 p.m. daily. Heavy equipment (e.g., forklifts, tow trucks and flatbed trucks) shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday; forklifts and flatbed trucks shall be limited to noon to 6:00 p.m. on Saturday; and tow trucks shall be limited to 9:00 a.m. to 6:00 p.m. on Saturday. No heavy equipment shall be utilized on Sunday. During the construction phase, operations will occur between 7:00 a.m. and 7:00 p.m. Monday through Saturday. The property owner/developer will construct a 10 foot high masonry wall on the north perimeter; and on the west and south perimeter, set back 5 feet from an existing wall, will construct an 8-foot high masonry wall with a 2-foot high chain link fence (slanted inward) on top to attenuate noise prior to on- site grading activities. All construction equipment and all heavy equipment will be equipped with noise-suppression devices. In the City of Stanton a 10- foot masonry wall will also be constructed around the shipping area to mitigate noise from flattening operations. No vehicles, motorcycles, or vehicle parts will be stored within 10 feet of the block walls located on the west, north, and south sides of the property. During off-hours, heavy equipment -3- will be stored on the east side of the site. All equipment will be stored on the east side of the site, away from residential uses bordering the project. C. Earth Significant Effects Operation of the project will not result in any significant impacts to earth. Existing contamination of soils at the project site will be remediated before any grading is done. All areas of the site will be paved and underlain with an impervious liner so that the draining of fluids from vehicles and subsequent storage of those vehicles will not result in soil contamination. Findings 1. Changes or alterations have been required in, or incorporated into, the ~ project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Findings Mitigation measures proposed for this project will remediate existing soils contamination before the facility opens, and ensure that soils will not be contaminated at the project site in the future. The property owner/developer will submit a remediation plan for hydrocarbons in the soil for review and approval by the Orange County Health Care Agency. The property owner/developer will submit a plan for the disposal of contaminated soil in a permitted Class I disposal facility for review and approval by Cal EPA, Toxic Substances Control Division. The site grading plan and the plans for the fluid drainage area and impound parking area (both paved, bermed and undedain with clay or composite liner) will be submitted for review and approval to the Cities of Anaheim and Stanton. The property owner/developer will obtain a permit for the convault tanks to store all hazardous materials, except gasoline, in the fluid drainage area, and also for the use of the existing underground storage tank to store gasoline. The design of the retail sales area, paved and underlain with clay or composite liner, will be submitted for review and approval to the City of Stanton. The above ground tanks will be inspected daily by the property owner/developer for leaks and/or malfunctions. -4- D. Ground Water Significant Effects The project could potentially impact ground water due to the handling of vehicles and parts which may contain or be partially covered with grease, oil and other hazardous automobile fluids. These fluids could be exposed when vehicles are brought to the impound area, when fluids are drained in the fluid drainage area, or when they are dismantled in the retail sales area. The facility may drain and store on the premises upwards of 986 gallons of hazardous materials in double-walled convault tanks on a daily basis. Ground water could also be impacted by the leakage of gasoline from the underground storage tank. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Findings The following measures will reduce the impacts to ground water to levels of insignificance. The property owner/developer will pave and install a liner in the impound and retail sales areas, after plans and specifications are approved by the Cities of Anaheim and Stanton. Concrete paving, berms, roof, roll- down siding and a liner will be installed in the fluid drainage area, after plans are approved by the City of Anaheim. The property owner/developer will also obtain a permit to use the 15,000-gallon, double-walled underground tank to store gasoline. Other hazardous materials will be stored in double-walled convault tanks. E. Site Drainage and Storm Drain System Significant Effects Storm water runoff from this project will contain pollutants which are picked up from the ground surface. These will include oil and grease from the paved parking areas, the impound area, and the retail sales area. The Final EIR lists other contaminants which are likely to be found in the site runoff before treatment, based on data from similar facilities. -5- Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Findings The following mitigation measures will be implemented to ensure the quality of runoff from the site that discharges into the storm drain system. A treatment system is proposed to treat runoff prior to discharge to the storm drain. Storm water will be pumped out of the detention basin, where settling of solids will occur, and into a four-step treatment process. The first step will be a particle filtration system that will be used to remove particulates of 10 microns and greater. The next step is a high-efficiency coalescing filter system, which will be used to remove oil and grease, and will also reduce levels of biological oxygen demand (BOD) in the runoff to below 20 ppm. This filter has a 99.98 percent level of efficiency, which will reduce the levels of oil and grease to below 10 ppm. The third step will be an ion exchange system; the resin from this ion system will be in a regenerated form which makes it selective for heavy metals removal. This treatment system will also reduce aromatic hydrocarbons (BTEX) to 0.5 ppm; metals will be reduced to concentrations below permitted levels at comparable sites. Other mitigation measures are proposed to reduce the level of contamination of storm water runoff before it reaches the treatment system. The property owner/developer will cease operations in the event of rainfall and the roll- down doors around the fluid drainage area will be closed. The property owner/developer will ensure that spills in the fluid drainage area are cleaned up immediately, without the use of water. Small spills will be cleaned with rags, larger spills will be cleaned with dry absorbent material. The site will be swept on a daily basis. The property owner/developer will submit plans and specifications for review and approval by the City of Anaheim Public Works Engineering Department, Fire Department, and Maintenance Department showing containment structures (berms, roll-down doors) for the fluid drainage area to prevent spills and the storm water runoff treatment facility to clean water before entering the storm drain. During storm events, the effluent released to the storm drain will be monitored. Testing results will be made available to the City of Anaheim upon request. The property owner/developer will submit a grading plan and plans and specifications for the detention basin for review and approval by the -6- City of Stanton, City Engineer and by the Public Works-Engineering Department of the City of Anaheim. The City of Stanton is requiring that the basin be drained within twenty four hours of the end of 100-year, 24-hour storm events. F. Sewer Treatment Facilities Significant Effects During the operational phase of this project, approximately 1,125 gallons of waste water will be generated daily. No aspect of the project will result in the discharge of surface water runoff to the sewer system. Based on a study entitled "Sewer Infrastructure Analysis", the Rose/Cerritos No. 2 subtrunk (which serves the project site) may now, or in the future, operate beyond its design capacity, based on the land uses of the sites that utilize this subtrunk. · ~e Finding 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Finding If the subtrunk line which now serves the project exceeds design capacity, and requires improvements, the applicant is willing to contribute a fair share of improvement costs based on the flow from this land use as a percentage of total flows within the subtrunk service area. ~ G. Hazardous Materials (Public Health and Safety) Significant Effects The existing 15,000-gallon underground tank is overlain by a concrete pad. During the construction phase, heavy equipment will be redirected around the area where the tank is located to insure that the tank is not damaged. During the operational phase, the facility operator may have to drain and store on the premises upwards of 986 gallons of hazardous materials daily. The automotive fluids drainage area will be a concrete-paved rectangular area surrounded by 6-inch high curbs, or berms, to insure that any accidental spillage will be contained. This area will be roofed and equipped with roll- down doors which will be activated in the event of a rainfall. In this area, gasoline will be drained from vehicles into the underground storage tank. Because the existing underground tank is not permitted to store fuel, a new -7- permit from the Anaheim Fire Prevention Bureau must be obtained before the project can operate as planned. Motor oil, transmission fluid, and brake fluid will be drained from vehicles into a catch pan from which it will be pumped into the appropriate convault tank or underground tank depending on what type of material is drained. These materials will be picked up for recycling on a weekly basis. Freon and antifreeze will also be removed from vehicles at the rack area using a refrigerant recovery system. The fluid drainage area will be designed with a floor drain to collect residual quantities of these fluids which are not captured in the catch pan. Liquids collected in the floor drains will flow by gravity to an underground storage tank from which it will be pumped and removed from the site by a licensed hauler. Due to the fact that it is both toxic and explosive, the most hazardous substance which will be handled at the site is gasoline. Potential health and safety factors related to the handling of gasoline include: · A spill, with concomitant soil and ground water contamination, could occur during the process of transferring gasoline from vehicle fuel tanks to the underground tank, in the process of pumping the underground storage tank by the reprocessor, and/or if the tank leaks. · The possibility of fire or explosion exists because cutting torches are used on the site as a part of routine operations. · Gasoline fumes contain a number of toxic and/or carcinogenic substances. Continuous exposure can lead to various respiratory ailments. The potential exposure of employees and customers is limited due to the proposed closed system and it is unlikely residents and nearby merchants would be exposed. Oil and transmission fluids are not explosive, although they are flammable. Brake fluid possesses corrosive properties. These materials do not contribute to atmospheric pollution. There is always some risk of an accident associated with transporting hazardous materials. However, the degree of risk increased by trucks leaving the project site is too low to quantify or to consider significant. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts In Support of Findings In order to mitigate these potential impacts, the property owner/developer will submit the following for review and approval by the Fire Department: (1) a safety program to train employees to properly handle and store hazardous material, and (2) an Emergency Response Plan, which describes measures to be implemented in the event of an accident involving hazardous materials. The property owner/developer shall also obtain a determination from the Fire Department that the underground storage tank conforms to applicable regulations as set forth in the California Code of Regulations, Title 23, Division 3, Chapter 16. The use of cutting torches in the vehicle impound or drainage areas will be prohibited. The property owner/developer will submit plans and specifications for the fluid drainage area, including berms, liner, roof, roll- down doors, and storm water runoff treatment facility for review and approval by the Public Works-Engineering Department, Fire Department, and Maintenance Department. The property owner/developer will empty the retention basin located within the City of Stanton within twenty four hours of the end of 100-year, 24-hour storm events. H. Growth-Inducing Impacts It is estimated that the project will employ between 35 and 45 people. It is anticipated that the positions at the facility will be filled from the existing local labor force. Because of the availability of local labor, the project is not anticipated to generate the demand for new housing or otherwise foster population growth. Employment is typically considered as a growth-inducing impact of the project. No other growth inducing impacts are anticipated in conjunction with the project. Growth inducing impacts are not considered significant. II. SIGNIFICANT ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED A. Land Use/Aesthetics Significant Effects The project will result in a number of potentially significant impacts. (1) Construction activities at the site and the constant use of heavy equipment with attendant impacts (dust, noise, etc.) may have an adverse effect on adjacent residential uses and businesses. Dust and noise impacts are addressed elsewhere in this document. (2) With regards to visual and aesthetic impacts, the project is considered incompatible with nearby land uses. (3) Changes to the physical environment include the replacement of the existing rear and side walls with new masonry wails, and the planting of new trees. Physical changes from current conditions along Beach Boulevard will consist of removal of the existing sheet metai wall and chain link fence, and construction of a 3-foot high landscaped earthen berm within an 18-foot landscaped setback from the property line. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. ,~,' 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Finding The Final EIR proposed a series of mitigation measures which partially mitigate the project's adverse effects on land use and aesthetics. To reduce the impact to residential neighbors, the hours of operation will be limited to 8:00 a.m. to 6:00 p.m. daily. Heavy equipment (e.g., forklifts, tow trucks and flatbed trucks) shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday; forklifts and flatbed trucks shall be limited to noon to 6:00 p.m. on Saturday; and tow trucks shail be limited to 9:00 a.m. to 6:00 p.m. on Saturday. No heavy equipment shall be utilized on Sunday. During the construction phase, operations will occur between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Other mitigation measures include prohibiting storage of vehicles, motorcycles, and vehicle parts within 10 feet of the block walls located on the west, north, and south sides of the property; prohibiting storage of heavy equipment within 10 feet of the west, north, and south sides of the property during the construction period; submitting plans to construct a 10 foot masonry wall on the north perimeter; and, on the west and south perimeter set back 5 feet from an existing wall, construct an 8-foot masonry wall with a 2-foot high chain link fence (slanted inward) on top to the Cities of Anaheim and Stanton for review and approval; and submitting plans to construct a 10- foot masonry wall around the perimeter of the shipping area to the City of Stanton for review and approval. The property owner/developer will also submit landscaping plans to the Cities of Anaheim and Stanton Planning Departments for review and approval. These plans will show mature trees (24 inch minimum box trees) around the perimeter of the site and masonry walls which will be planted with clinging vines to prevent graffiti opportunities. The property owner/developer will also be respomible for maintaining the parking lot walls, trees, and landscaped areas graffiti free. Should any area of property be vandalized with graffiti, the property owner/developer will remove graffiti within 24 hours. The property owner/developer shall equip all construction equipment and other heavy equipment with noise-suppression equipment. B. Air Significant Effects There will be several sources of emissions at the project site. During the construction phase of the project, exhaust from construction equipment, dust and other particulate matter will be released into the atmosphere during construction operations, but will not exceed South Coast Air Quality Management District (SCAQMD) threshold levels and are, therefore, not considered significant. During the operational phase, a number of emission sources, both mobile and stationary, will be attendant to the proposed project. New sources of emissions will include customer vehicle traffic to and from the site, towing equipment used to bring salvage vehicles to the site, owner-operated forklifts used in the course of daily operations, and dust and other particulate matter originating from vehicle traffic on paved areas. Also, as fluids are drained on racks, the use of pumps and other equipment in the fluid drainage area will lead to minimal venting of volatile organic compounds (VOCs). Project related traffic, the most significant source of pollutants related to the project, can be expected to account for an incremental increase over existing levels. This increase by itself, however, is not sufficient to exceed the SCAOMD significance thresholds and is therefore not considered significant. Since the South Coast Air Basin is a non-attainment area, however, any increase in emissions is considered significant on a cumulative basis. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the Final EIR. Facts in Support of Findings Several measures are proposed to mitigate the effect to air quality that will be caused by this project. During grading and earth moving, dust will be -11- controlled by watering or using other dust preventive measures as defined in SCAQMD Rule 403. The property owner/developer will insure that construction equipment is properly tuned and will limit use of heavy equipment to early morning and late afternoon hours. Grading activities will cease during Santa Ana or high wind conditions (winds at 15 mph or greater), and during second stage or greater smog alerts. To save customers from making unnecessary trips to the facility, the property owner/developer will establish and advertise availability of a hot line so that customers can ascertain whether particular vehicles are available. ALTERNATIVES Three project alternatives to the proposed project are discussed in the Final EIR. The City Council has reviewed and considered such alternatives in light of the adverse environmental effects which may result from the project and the reduction or elimination of such effects which might be accomplished by selection of the alternatives. The alternatives are summarized below, and specific economic, social or other considerations that render such alternatives infeasible are set forth. No-Project Alternative Under the no-project alternative, the project would not occur and the site would remain in its current condition. Existing structures would remain; no new structures would be constructed. Compared to impacts associated with the project, the no- project alternative would avoid project impacts related to noise, grading, air quality, the handling and management of hazardous materials, surface runoff, and the impact of runoff on the storm drain system. As a result of the no-project alternative, the cumulative impacts (e.g., traffic, noise) associated with other recently approved developments in the vicinity of the project site will be slightly less without the project. Although this alternative is environmentally superior to the project and other alternatives in avoiding the environmental effects of development, this alternative would result in the deferral or loss of the benefits associated with increased employment in both cities and increased tax revenues. The aesthetic improvements (walls, tree planting, landscaping) planned in conjunction with the project will not occur under the no-project alternative. Development in Accordance with Existing Zoning The portion of the site in the City of Anaheim is currently zoned CL (Commercial, Limited). The portion of the site in the City of Stanton is zoned R-3 (Multi-Family Residential) and C-2 (General Commercial). If development occurred in accordance with existing zoning classifications, approximately 100 multi-family residential units could be developed in the area zoned R-3 in the City of Stanton. Furthermore, -12- approximately 150,000 square feet of commercial development could also be built on the sections of the project site zoned for commercial use in each City. As compared to the impact profile of the proposed project, this alternative would be advantageous in terms of avoiding project impacts related to consistency with General Plans and zoning, aesthetic impacts, impacts related to the handling and management of hazardous materials, and will likely result in less noise than would occur as a result of the project. On the other hand, this alternative could be anticipated to result in increased peak hour traffic and resultant mobile air emissions, and increases in the demand for all public services and utilities. Mixed residential and commercial growth is also anticipated to have a much greater effect in stimulating the demand for new development in and around the project site. Although it is likely that most of the above impacts can be mitigated to levels of insignificance, the same is true for the project. Accordingly, this alternative is not viewed as environmentally superior to the project. Development at Alternative Site Development of this project at an alternate site would eliminate environmental impacts associated with development at the proposed location. The only feasible alternative site in the vicinity of the project site is situated in the Canyon Industrial Area of the City of Anaheim, at 2890 East La Palma Avenue. When compared to the project, development of this alternative would not result in the same aesthetic conflict as at the project site with adjacent residential uses. A traffic study was completed for this alternative site, which indicated that it would not result in a significant effect on nearby intersections. The number of peak hour trips that would be generated at this alternative site is not anticipated to result in an adverse effect on traffic conditions. Because development of the alternative site would result in the same amount of traffic and the same stationary sources of air emissions, the air quality impacts of this alternative site would be the same as for the proposed project site. Although these impacts will not exceed the South Coast Air Quality Management District (SCAQMD) significance thresholds, AQMD criteria are exceeded and a significant adverse impact occurs on a cumulative basis. Noise generated by project operations at the alternative site will be essentially the same as those generated at the project site. Noise impacts at the La Palma Avenue site are not located near any sensitive noise receptors (e.g. residential uses). Compared to development of the project site, this alternative would not result in the need to remove contaminated soils as anticipated in conjunction with the project. Because of the existing oil wells at this site, the fluid drainage area would have to be located on a portion of the site which is not subject to settlement. -13- Ground water impacts at this alternative site have a much greater potential to be adverse to the ground water contamination to the underground aquifer than the project site because the location is in the forebay area or recharge zone for the underground water basin. Mitigation measures would be identical to the project site and thereby the likelihood of ground water contamination is not considered significant. Because the alternative site is larger, storm water runoff from development of the alternative site will be somewhat greater than would be created by developing the proposed site. However, the potential for pollutants in the runoff is the same in either case, and so the type of storm water treatment system and "best management practices" would need to be incorporated into development at the alternative site as at the project site. Waste water impacts are also roughly equivalent at either site, except that the alternative is not developed and, therefore, new sewer lines would have to be installed on the property. Development at the alternative site will result in the same impacts related to handling hazardous material as development of the project site. Accordingly, the same mitigation measures would be appropriate to limit these impacts to levels of insignificance. As indicated above, it is likely that development at this alternative site would result in significant impacts, most of which can be mitigated to levels of insignificance. The major advantage of development at this site is that it will not result in significant land use impacts which appear unavoidable if development occurs at the proposed project site. Even with mitigation, the project and this alternative will result in a cumulative adverse effect on air quality. ap2089kf. RV -14- STATEMENT OF OVERRIDING CONSIDERATIONS FOR CERTIFICATION OF FINAL EIR NO. 312 The City Council finds that the mitigation measures listed in Mitigation Monitoring Plan No. 69 will, when implemented, mitigate or substantially reduce most of the significant environmental effects identified in Final EIR No. 312. Nonetheless, certain significant environmental impacts of the project are unavoidable, even after incorporation of all feasible mitigation measures. The unavoidable impacts associated with this project are: Air Quality - Cumulative emissions exceed Air Quality Management District significance thresholds and are, therefore, considered significant. Land Use/Aesthetics - Four of the residential condominiums to the north have views of the site that will be only partially screened. The project will not be located in a related industrial area which would provide for a more efficient exchange of services. Industrial development at the site is not consistent with the City's land use policy to encourage industrial uses near primary transportation facilities (i.e., freeways, railways). In this regard, the City Council hereby finds that all feasible mitigation measures have been identified in the EIR and shall be implemented with the project, and that any significant unavoidable effects remaining are acceptable due to the following specific economic, social and other considerations, based upon the facts set forth in the Findings of Fact, in the Final EIR and in the public record of the consideration of this project, as follows: 1. Approval of the project and development of the site will result in the remediation of the site prior to issuance of a grading permit or building permit, whichever occurs first, for the new facility. This represents a benefit to both the City of Anaheim and the City of Stanton in that the applicant now has an incentive to ensure that the site is clean. This incentive will result in a more speedy remediation of the site than might otherwise occur. 2. As proposed, the Conditional Use Permit (CUP) is recommended to expire in five (5) years from the effective date of issuance of the Certificate of Occupancy for this facility, provided, however, that if the Certificate of Occupancy is issued one (1) year or more following the date of approval of the resolution, subject CUP shall expire six (6) years from the date of approval of the resolution and is, therefore, considered a short-term use. As a short-term use, approval of the short-term operations should not preclude future redevelopment of the site to some other use when the market is favorable. 3. While the project has certain unavoidable environmental impacts, the project as a whole has less total environmental impacts than development within the underlying zoning and general plan provisions. This is based on the fact that residential and commercial developments permitted under existing land use regulations for the site tend to generate more traffic, result in more air pollutants decreasing air quality, and also tend to induce demands for public services and utilities. 4. The mitigation measures proposed in the EIR pertaining to long-term on-site graffiti abatement and landscaping improvements (e.g., 24-inch minimum box trees) should help improve the visual appearance of Beach Boulevard by reducing perceptible graffiti from the frontage of the project site. 5. The on-site retention and treatment of storm water improves drainage and storm water quality from the site. 6. The project will serve not only areawide needs for inexpensive automobile parts, but will provide an affordable alternative for automobile repair for many residents whose income is limited. This will result in reducing the need for residents to travel greater distances to obtain needed parts and ensure that funds spent by residents on voluntary purchases (and 50 percent of the sales tax generated thereby) is retained to provide local services to these citizens. ap2090kf. wp MITIGATION MONITORING PLAN NO. 69 FOR FINAL EIR NO. 312 PICK YOUR PART AUTOMOBILE DISMANTLING AND RECYCMNG CENTER CEQA Action: EIR No. 312 Project Description: Retail, self-serve, automobile dismantling and recycling facility on 9.4 acres situated almost equally in the cities of Anaheim and Stanton. Owner/AQent: Pick Your Part, 1301 E. Orangewood Avenue, Suite 130, Anaheim, CA 92805, Attention: Cindi Galfin. Project Location: 1235 S. Beach Blvd., Anaheim, CA 92804 and 10181 Beach Blvd., Stanton, CA 90680 City Actions: Conditional Use Permit No. 3608, with waivers of Cede. Resolution No.: LAND USE/AESTHETICS 1D Ongoing during The property owner/developer's hours of operation shall be limited to 8:00 Planning Department project operations a.m. to 6:00 p.m. daily. Heavy equipment (e.g., forklifts, tow trucks and flatbed trucks) shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Fdday: forklifts and flatbed trucks shall be limited to noon to 6:00 p.m. on Saturday; and tow trucks shall be limited to 9:00 a.m. to 6:00 p.m. on Saturday. No heavy equipment shall be utlized on Sunday. 1D Ongoing during No vehicles, motorcycles, or vehicle parts shall be stored within 10 feet of Planning Department project operations block walls located on the west, north, and south sides of the property. lB Ongoing during During construction period, no heavy equipment shall be stored within 10 Planning Department construction period feet of the north, south, and west sides of property. 1A Prior to any grading The property owner/developer shall submit plans to construct a 10-foot Planning Department activities high masonry wall on the north perimeter; and on the west and south perimeter set back 5 feet from an existing wall, shall construct an 8 foot high masonry wall with a 2 foot high chain link fence on top (slanted inward) for review and approval. Includes 9/20/93 PC revisions PICK YOUR PART-AUTO DISMANTLING/RECYCLING CENTER 2 1A Prior to issuance of The property owner/developer shall submit landscaping plans to the Cities Planning Department building permit of Anaheim and Stanton Planning Departments i'or review and approval. These plans shall provide mature trees (24 inch minimum box trees) around perimeter of site and masonry wails shall be planted with clinging vines to prevent graffiti opportunities. 15D Ongoing dudrig The property owner/developer shall be responsible for maintaining the Property project operations parking lot walls, trees, and landscaped areas graffiti free. Should any area owner/developer of property be vandalized with graffiti, property owner/developer shall remove graffiti within 24 hours of discovery. AIR QUAUTY 5B Throughout During grading and earth moving, the property owner/developer shall Public Works- construction phase control dust by watering or using other dust preventive measures as Engineering of project defined in SCAQMD Rule 403. Department 15B Throughout The property owner/developer shall insure that construction equipment is Property construction phase properly tuned. Owner/Developer of project 15B Throughout The property owner/developer shall limit use of heavy equipment to early Property construction phase morning and late afternoon hours. owner/Developer of project 5E As necessary The property owner/developer shall dose operations during Santa Ana or Public Works- dudncl grading high wind conditions (winds at 15 mph or greater), and during second Engineering stage or greater smog alerts. Department 15D Ongoing during The properbJ owner/developer shall establish a telephone hot line so that Property project operation customers can ascertain whether particular vehicles are available. Owner/Developer 15D Ongoing during The property owner/developer shall advertise availability of the hot line. Property project operation Owner/Developer NOISE lB During construction During construction, operations will occur between 7:00 a.m. and 7:00 p.m. Planning Department Monday through Saturday. PICK YOUR PART-AUTO DISMANTLING/RECYCLING CENTER 3 5A Prior to on-site The property owner/developer shall construct a 10-foot high masonry wall Public Works- grading activities on the north perimeter; and on the west and south perimeter set back 5 Engineering feat from an existing wall, shall construct an 8 foot high masonry wall with Department a 2 foot high chain link fence on top (slanted inward). 5B Prior to and The property owner/developer shall equip all construction equipment with Public Works- ongoing throughout noise-suppression equipment. Engineering construction Department 5D Ongoing dudng The property owner/developer shall equip heavy equipment with noise- Public Works- project operations suppression equipment. Engineering Department 9D Ongoing during During off-hours, heavy equipment shall be stored on east side of site. Planning Department, project operations Mitigation Mooitodng Coordinator 5B During construction All equipment shall be stored on the east side of the site away from Public Works- residential uses bordering the project. Engineadng Department; Planning Department, Mitigation Monitoring Coordinator EARTH 9A Prior to project The property owner/developer shall submit a remediation plan for Orange County Health operations hydrocarbons in the soil for review and approval by Orange County Health Care Agency Care Agency 9A Prior to project Property owner/developer shall submit a plan for the disposal of Cal EPA, Toxic operations contaminated soil in permitted Class I disposal facility for review and Substances Control approval by CAL EPA, Toxic Substances Control DMsion. Division 5A Prior to issuance of The property owner/developer shall submit a grading plan for review and Public Works grading permit approval. Engineering Department PICK YOUR PART-AUTO DISMANTLING/RECYCLING CENTER 4 i Co e T r. ng Mo sure 4A Prior to issuance of The property owner/developer shall submit for review and approval the Public Works- 5A building permit plans and specifications for the concrete paving, berms, roll-down doora, Engineering 6A roof and clay or composite liner for the fluid drainage area and impound Departmeet; Fire 2A area. Department; Utilities Department, Water Engineering; and Maintenance Department 4A Prior to issuance of The property owner/developer shall obtain a permit for convault tanks to Fire Department building permit store all hazardous materials, except gasoline, in the fluid drainage area. 4A Prior to issuance of The property owner/developer shall obtain a permit to use the existing Fire Department building permit 15,000-gallon double-walled underground storage tank to store gasoline. 15D Daily, over life of The property owner/developer shall be responsible for daily inspection of Property project above ground tanks for leaks and malfunctions. Owner/Developer SiTE DRAINAGE AND STORM DRAIN SYSTEM 1D Ongoing during The property owner/developer shall cease operations in the event of rainfall Planning Department, operations and the roll-down doors around the fluid drainage area shall be closed. Code Enforcement 4D Ongoing during The property owner/developer shall insure that spills in the fluid drainage Fire Department or operations area are cleaned up immediately, without the use of water. Small spills Planning Department, shall be cleaned with rags, larger spills shall be cleaned with dry absorbent C(xJe Enforcement material. 15D Ongoing during The property owner/developer shall sweep the site on a daily basis. Property operations Owner/Developer 5D Ongoing during During storm events, the property owner/developer shall monitor the Public Works- operations effluent released to the storm drain. Testing results shall be made available Engineering to the City of Anaheim upon request. Department 5A Prior to issuance of The property owner/developer shall submit plans and specifications for Public Works- building permit review and approval by the Public Works-Engineering Department of the Engineering City of Anaheim for the design of the detention basins and storm water Department runoff treatment facilities. PICK YOUR PART-AUTO DISMANTLING/RECYCLING CENTER 5 HAZARDOUS MATERIALS 4A Prior to issuance of The property owner/developer shall submit for review and approval a safety Fire Department a building permit program to train employees to propedy handle and store hazardous materials and an Emergency Response Plan which describes measures to be implemented in the event of an accident involving hazardous materials. 4A Prior to issuance of The property owner/developer shall obtain a determination from the Fire Fire Department a building permit Department that the underground storage tank conforms to applicable regulations as set forth in the California Code of Regulations, Title 23, Division 3, Chapter 16. 19D Ongoing dudng Prohibit use of cutting tomhes in vehicle impound or drainage areas. Property project operations Owner/Developer 9A Pdor to issuance of The property owner/developer shall remediate contaminated soils at the Orange County Health a grading permit or site to the satisfaction of the Orange County Health Care Agency. Care Agency, a building permit, Environmental Health whichever occurs Division first 4E Prior to obtaining The property owner/developer shall conduct an integrity test of the tank Fire Department permit to operate system and submit results for review and approval by the Anaheim Fire underground tanks Department. VECTOR CONTROL 9D Ongoing during The property owner/developer shall contract for periodic service with a Orange County Vector project operations licensed pest control service to control ground squirrels and other vectors Control District as needed. ap2070kf. RV