Resolution-PC 2000-135• •
RESOLUTION NO. PC2000-135
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04285 BE GRANTED, IN PART,
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE DECEMBER 4, 2005
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:
EXHIBIT "ONE"
LOTS 19, 20, 21, 22, 23, 24 AND THAT UNNAMED STREET ADJOINING LOT 21 ON
THE EASTERLY BOUNDARY, TOGETHER WITH THAT PORTION OF LOT 33 LYING
NORTHWESTERLY OF TME RIGHT OF WAY OF THE SOUTHERN CALIFORNIA
RAILROAD COMPANY (NqW ATCHISON TOPEKA AND SANTA FE RAILWAY
COMPANY), AND ALSO T!OGETHER WITH THAT PORTION OF POMELO DRIVE
ADJOINING SAID LOTS 19, 20, AND 21 ON THE SOUTHEAST AND SAID LOTS 22,
23, AND 35 ON THE NOR~fHWEST, AND LYING NORTHEASTERLY ON THE
SOU7HEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT
19, SAID POMELO DRIVE BEING ABANDONED AND VACATED BY RESOLUTION OF
THE BOARD OF SUPERVISORS OF 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 CO~INTY.
EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE
AND ITS NORTHEASTERLY PROLONGAI'ION OF THAT CERTAIN 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 DEED 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
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 4, 2000 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 Commissuon, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.0~0.010 and 18.110.050.0508 to permit and expand an outdoor
steel and lumber storage yard with accessory modular buildings and waivers of the following:
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(a) Section 18.110.050.090.0903(a) - Minimum landscaped setback adiacent to a freewax.
(b) Sections 18.05.093.010 - Maximum number of freestanding signs.
and 18.110.050.130
(c) Sections 18.05.093.040 - Minimum distance befinreen freestandinq siqns.
and 18.110.050.130
2. That the waivers of minimum landscaped setback adjacent to a freeway, maximum
number of freestanding signs and minimum distance befinreen freestanding signs are hereby denied on
the basis that each waiver was deleted following public notification.
3. That the proposed outdoor steel and lumber storage yard is properly a use for which a
conditional use permit is authorized by the Zoning Code for Development Area 1"Industrial Area" of the
Northeast Area Specific Plan No. SP 94-1; and that the proposed accessory modular buildings are a use
that is not listed in the Zoning Code as being a permitted use.
4. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use, under the conditions imposed,
is adequate to allow full development of the proposal in a manner not detrimental to the particular area
nor to the peace, health, safety and general welfare.
6. That the traffic generated by the proposed use, under the conditions imposed, will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area.
7. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim
City Planning Commission has reviewed the proposal to permit and expand an outdoor steel and lumber
storage yard with accessory modular buildings and waivers of minimum landscaped setback adjacent to a
freeway, maximum number of freestanding signs and minimum distance between freestanding signs on a
irregularly-shaped 19-acre property having ~rontages of 235 feet on the south side of Frontera Street and
1,085 feet on the south side of the SR 91/Riiverside Freeway, having a maximum depth of 530 feet, being
located 1,015 feet east of the centerline of Newkirk Road, and further described as 3400 East Frontera
Street); and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the follawing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That subject use permit shall expire three (5) years from the date of this resolution, on December 4,
2005.
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That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
That the driveway on Frontera Street shall be maintained with ten (10) foot radius curb returns in
conformance with Engineering Department Standard No. 137.
4. That the parking area shall only be used for vehicle parking and shall not be used for storage or
other outdoor uses.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing how the vehicular security gates and vehicle turn-around area will function.
6. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on plans submitted for building permits."
7. That the developer shall submit a water quality management plan (WQMP) specifically identifying
best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
8. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable to adjacent streets or highways. If visible off-site, the walls of the storage area(s)
shall be protected from gra~ti opportunities by the use of plant materials such as clinging vines or
tall shrubbery. Said information shall be specifically shown on plans submitted for Streets and
Sanitation Division approval.
9. The landscaping including Eucalyptus trees on maximum ten (10) foot centers in a staggered
formation (including minimum twenty four inch (24") box sized trees located adjacent to the SR
91/Riverside Freeway), shrubs planted on maximum eighteen inch (18") centers, and clinging vines
on maximum three (3) foot centers located on the exterior of the perimeter fence and planted on a
minimum three (3) foot high earthen berm shall be permanently maintained in accordance with
submitted and approved plans.
10. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and
Sanitation Division.
11. That subject 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 and approved by the Fire Department.
13. That the property shall be permanen~y maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
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14. That a landscaping, irrigation and fencing plan for the driveway entry to subject property shall be
submitted to the Zoning Division for r+eview and approval. Said landscaping plan shall show a
twenty (20) foot wide, two hundred fi~ty (250) foot long landscaped median adjacent to the entry
driveway including a three (3) foot high berm and planted with twenty four inch (24") box sized
Eucalyptus trees on maximum twenty (20) foot centers, shrubs planted on eighteen (18) inch
centers, and clinging vines planted on three (3) foot centers located adjacent to the north face of
the ten (10) foot high chain link fence intenivoven with a solid green mesh material. Said plan shall
also incorporate slump stone pilasters and wrought iron fencing and gates at the Frontera Street
entrance. 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 dies.
16. Proposed Condition No. 16 was de/eted at the P/anning Commission public hearing.
17. That a valid business license shall be obtained from the Business License Division of the Finance
Department.
18. That the property owner shall maintain the existing six (6) foot high chain link fence with a"scrim"
mesh to provide screening for the subject steel and lumber storage yard except at the entrance on
Frontera Street, where a separate landscaping plan for the driveway entry shall designate
additional screening materials.
19. That only new steel and lumber mate~ials shall be shipped (by rail) to this property. At no time shall
any used, recycled or 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 and lumber materials shall not be visible to the Riverside Freeway,
Frontera Street or other adjacent and nearby properties. At no time shall the materials be stored at
a level equal to or higher than the six (6) foot high slatted chain link fence. Said materials shall be
stored on open pallets, and no cargo or other shipping containers shall be stored on the premises.
21. That the driveways and the drive-aisles between storage areas and the parking lot shall be paved
with typical asphalt; and that the actWal storage areas of the site shal! 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.
22. That heavy duty forklifts shall be permitted to handle the loading and unloading operations on-site,
and that there shall be no cranes, de~ricks, etc., used at this location for the operation of the steel
storage yard.
23. That trucks may be used to deliver the steel and lumber materials from the storage yard to the
fabricators or other end users; provided, however, that trucks and trailers shall not be stored at this
site
24. That this outdoor storage yard shall be served with underground utilities in accordance with the
Electrical Rates, Rules and Regulations (most current fees will apply) and the City of Anaheim
Underground Policy.
25. That the legal property owner shall provide the City of Anaheim with a public utility easement to be
determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim prior to connection of electrical service.
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26. That all padmounted equipment shall be screened; and that any relocation of city electrical facilities
shall be at the developer's expense.
27. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 4044 (to permit a steel storage yard with a temporary
modular building and waiver of minimum landscaped setback adjacent to a freeway).
28. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
29. That prior to issuance of a building permit, prior to commencement of the activity authorized by this
resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 2, 5, 6, 7, 8, 14 and 27, 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.
30. That prior to the commencement of the activity authorized by this resolution, or prior to final building
and zoning inspections, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 6, 9, 10, 12, 17, 18, 21, 24, 25, 26, 28 and 30, herein-mentioned, shall
be complied with.
31. 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.
32. That the parcels comprising the subject property shall be consolidated with such additional
consolidation as is necessary to have the existing thirty (30) foot high freestanding sign on the
consolidated parcel.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2000. n
RPERSO , A IM CITY PLANNING COMMISSION
ATTEST:
C~rO;"'~~
SEC TARY, AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 4, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: ARNOLD
ABSENT: COMMISSIONERS: NONE
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 20 ~
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SE TA ANAHEIM CITY PLANNING COMMISSION
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