Resolution-PC 2006-75~ . ~
RESOLUTION NO. PC2006-75
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04285, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF"RESOLUTION NO. PC2000-135,
ADOPTED THEREWITH
(3400 EAST FRONTERA STREET)
WHEREAS, on December 4, 2000, the Anaheim Planning Commission,by Resolution
No. PC2000-135 approved Conditional Use Permit No. 2000-04285to permit and expand an outdoor steel and
lumber storage yard with accessory modular buildings on property located at 3400 East Frontera Street; and
WHEREAS, said Resolution` No. PC2000-135 includes the following condition of approvaL
"1 Thafsubject use permit shall expire five (5) years from the date of this resolution, on
December 4, 2005."
WHEREAS, this property is currently developed with an outdoor steel and lumber storage yard
with accessory modular buildings, the underlying zoning is SP94-1 DA1 (Northeast Area Specific Plan -
lndustrial Area); the Anaheim General Plan designates this property for industrial land uses; and the property is'
located within the Merged Anaheim Redevelopment Area; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement
of Conditional Use Permit to modify or delete a condition of approval pertaining to a time limitation to retain a
previously-approved outdoor steel and lumber storage yard with an accessory modular office building pursuant
to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim
County of Orange, State of Ca{ifornia, described as:
PARCEL 1:
LOTS 19, 20, 21, 22, 23, 24 AND THAT UNNAMED STREET ADJOINING LOT 21 ON THE
EASTERLY BOUNDARY, TOGETHER WITH THAT PORTION OFLOT 33 LYING
NORTHWESTERLY OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD
COMPANY (NOW ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANI~, AND ALSO
TOGETHER WITH THAT PORTION OF POMELO DRIVE ADJOINING SAID LOTS 19, 20, AND
21 ON THE SOUTHWEAST AND SAID LOTS 22, 23, AND 35 ON THE NORTHWEST, AND
LYING NORTHEASTERLY ON THE 50UTHEASTERLY 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 COUNTY.
EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY LINE AND ITS NORTHEASTERLY PROLONGATION 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
SOYUTHWEASTERLY 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 W BOOK 2787, PAGE 454, AND
RECORDED AUGUST 15, 1966 IN BOOK 8018, PAGE 712 OF OFFICIAL RECORDS
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WHEREAS, the Planning' Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 6, 2006, 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 "Procedures", to
hear and consider. evidence for and against said proposed amendment 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. That the applicant'sproposal to reinstate an existing outdoor steel and lumber storage yard with
an accessorymodular office building is authorized by the Anaheim Municipal Code Section Nos.
18.120:050.0508 (Building Materials Storage Yards) and 18.60.180 (Reinstatement of a time-limited permit).
2. That#he proposed reinstatement and deletion of time limitation for the outdoor storage yard
would not adversely affect the adjoining land uses and the growth and development of the area in which it is
currently located because the facility already exists and is being operated in conformance with all conditions of
approvaC
3. That the facts necessary to support each and every required showing for the original approval of
the entitlement exists; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the site is in compliance with all conditions of approvaL
4: That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land sues, nor to the public health and safety.
5. That the deletion of the time limitation is appropriate because it has been demonstrated that the
use has operated in a manner that is appropriate in the underlying zone and the periodic review of the use is no
longer necessary.
6. 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 Anaheim Planning
Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 2000-04285 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved 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 Planning Commission does hereby
amend Resolution No. PC2000-135, adopted in connection with Conditional Use Permit No. 2000-04285, to
reinstate this conditional use permit by incorporating the conditions of approval contained in Resolution No.
PC2000-135 into a new resolution to read as follows:
1. That the parking area shall only be used for vehicle parking and shall not be used for storage or other
outdoor uses.
2. That trash storage areas shall be maintained in a location acceptable to the Streets and Sanitation
Division of the Public Works Department and the Planning Services Division and in accordance with
approved plans on file with the Public Works Department. Said storage' areas shall be located and
screened so as not to be readily identifiable to the adjacent public street. The walls of the storage area
- shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
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3. 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.
4. 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.
5. That subject facility shall be subject to quarterly inspections by the City's Community Preservation
DiVision during the entire duration of the business. The cost of such inspections shall be paid by the
operator of subject facility.
6. That all lockable pedestrian and vehicular access gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
7. That the property shall be permanently 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 discovery.
8. That the landscaping, irrigation, and fencing plan for the driveway entry to subject property shall be
maintained. Said landscape plan shows a twenty (20) foot wide, two hundred fifty (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 interwoven with a solid green mesh material.
Said plan also shows slump stone pilasters and wrought iron fencing and gates at the Frontera Street
entrance.
9. 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.
10. That a valid business license shall be maintained from the Business License Division of the Planning
Department.
11. 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, whe~e a separate landscaping plan for the driveway entry designates additional screening
materials.
12. That only new steel and lumber materials 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.
13. 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.
14. That the driveways and the drive-aisles between storage areas and the parking lot shalt be maintained
with paving of typical asphalt; and that the actual storage areas of the site shall be maintained 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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15. That heavy duty forklifts shall be permitted to handle the loading and unloading operations on-site, and
that there shali be no cranes, derricks; etc., used at this location for the operation of the steel storage
yard.
16. That trucks may be used to deliver the steel and lumber materials from the storage yard to the
fabricators or other end uses; provided, however, that trucks and trailers shall not be stored at this site.
17. That this outdoor storage yard shall be served with underground utilities in accordance with the
Electrical Rates, Rules and Aegulations (most current fees will apply) and the City of Anaheim
Underground Policy.
18. That all pad-mounted equipment shall be screened; and that any relocation of City electrical facilities
shall be at the developer's expense. '
19. 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:
20. 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 xegarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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.
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 or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
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C IR , ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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Sl'ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
. the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
September 6, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this 9~ day of J t~ ~Z+~ ~cr
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .
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