84R-050 RESOLUTION NO. 84R -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2516.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from GENERAL ELECTRIC COMPANY, owner, and PAUL C. SCHATZ, agent,
to permit the accessory indoor storage of polychlorinated biphenyl
(PCB) upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 1:
THAT PORTION OF LOT 1 IN SECTION 5, TOWNSHIP 4 SOUTH,
RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; RUNNING
THENCE NORTH 5 48' WEST ALONG THE EAST LINE OF THE
"KRAEMER TRACT ", AS SHOWN ON A MAP RECORDED IN BOOK
12, PAGES 87 AND 88, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, 8.347 CHAINS TO A POINT
DISTANT 718.83 FEET SOUTH 5 48' EAST MEASURED ALONG
THE EAST LINE OF SAID KRAEMER TRACT FROM THE NORTHWEST
CORNER OF SAID LOT 1; THENCE NORTH 78 25' 20" EAST
582.95 FEET TO A POINT IN THE WEST LINE OF THE RIGHT
OF WAY OF THE CALIFORNIA CENTRAL RAILWAY AS DESCRIBED
IN THE DEED RECORDED IN BOOK 253, PAGE 168, DEEDS,
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DISTANT
SOUTH 14 04' WEST 650.6 FEET FROM THE INTERSECTION OF
SAID WEST LINE WITH THE NORTH LINE OF SAID FRACTIONAL
SECTION 5; THENCE SOUTH 14 04' WEST ALONG THE WEST
LINE OF SAID RIGHT OF WAY, 10.388 CHAINS TO A POINT IN
THE SOUTH LINE OF SAID LOT 1 348.80 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF THE NORTH 154.23 FEET OF LOT 2 IN
SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM,
LYING NORTHERLY OF THE FOLLOWING DESCRIBED CENTERLINE
OF LA PALMA AVENUE.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID
SECTION 5, BEING ALSO THE CENTERLINE INTERSECTION OF
LA PALMA AVENUE AND JEFFERSON STREET; THENCE NORTH 85
07' 30" WEST, 740.48 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 1,000 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 31 09' 44" AN ARC
DISTANCE OF 543.88 FEET TO THE POINT OF TERMINUS OF
THE HEREIN DESCRIBED LINE; 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. 83R -230 granting
Conditional Use Permit No. 2516; 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 consi-
deration 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.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
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.
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.
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2516 be, and the same is hereby,
granted permitting the accessory indoor storage of
polychlorinated biphenyl (PCB) in conjunction with a permitted
industrial use on the hereinabove described real property,
subject to the following conditions:
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1. That prior to issuance of a building permit,
appropriate water assessment fees shall be paid to the City of
Anaheim, in an amount as determined by the Office of the
Utilities General Manager.
2. That sidewalks shall be installed along La Palma Avenue
as required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
3. That subject property owner shall obtain a Hazardous
Waste Facilities Permit, as required by the State of California
Department of Health Services; Permits, Surveillance and
Enforcement Section; Hazardous Waste Management.
4. That regular inspections shall be conducted by the
County of Orange Health Care Agency -Waste Management Section (by
agreement with the State of California Department of Health
Services).
5. That subject property owner shall comply with all
applicable Federal regulations, including but not limited to the
following as specified in 40 CFR 761.42 pertaining to storage for
disposal:
(a) An adequate roof and walls to prevent rain water
from reaching the stored PCBs and PCB items;
(b) An adequate floor which has continuous curbing
with a minimum height of six inches. The floor
and curbing must provide a containment volume
equal to at least two times the interval volume
of the largest PCB Article or PCB Container
stored therein or 25 percent of the total
internal volume of all PCB Articles or PCB
Containers stored therein, whichever is greater;
(c) No drain valves, floor drains, expansion joints,
sewer lines, or other openings that would permit
liquids to flow from the curbed area;
(d) Floors and curbing constructed of continuous
smooth and impervious materials, such as Portland
cement concrete or steel, to prevent or minimize
penetration of PCBs; and
(e) Not to be located at a site that is below the
100 -year flood water elevation. All PCB
containers in storage will be checked for leaks
at least once every 30 days per Federal
regulations.
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6. That subject property owner comply with the following
provisions specified in Section 80.107b of the Uniform Fire Code:
(a) Highly toxic materials shall be segregated from
other chemicals and combustible and flammable
substances by storage in a room or compartment
separated from other areas by a two -hour
occupancy separation constructed as specified in
the Building Code. The storage room shall be
provided with adequate drainage facilities and
natural or mechanical ventilation to the outside
atmosphere constructed as specified in the
Mechanical Code.
(b) Legible warning signs and placards stating the
nature and location of the highly toxic materials
shall be posted at all entrances to areas where
such materials are stored or used.
7. That the property owner shall comply with the following
specifications, as required by the Anaheim Fire Department:
(a) The two (2) required exit doors shall be two hour
doors, shall swing in the direction of travel
exiting from the room and shall be equipped with
self closing devices.
(b) The area shall be provided with dikes which shall
be calculated to provide 25% containment of the
maximum number of drums (seventy 55- gallon drums)
that may be stored within the diked area.
(c) An impervious surface must be provided for the
floor area and the walls up to the required level
of containment.
(d) The sprinkler system shall be separated from the
sprinkler system protecting the remainder of the
building; provided with a separate control valve
for the PCB storage area. Heads on the PCB
storage area shall be changed to a higher
temperature head to prevent inadvertent discharge
of water onto the area.
(e) Provide NFPA 704 signing for all entrances into
the building and entrances to the PCB storage
area.
(f) Provide sorbent materials at the site to
facilitate clean up of any spills.
(g) Apply for and receive a permit from the Anaheim
Fire Department for storage of hazardous
chemicals.
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(h) Provide adequate ventilation as required by the
Mechanical Code.
(i) Class I, Division I electrical wiring is required
within the storage area.
(j) The separation walls between the PCB storage area
and the remaining areas in the building shall be
two hour separation walls.
8. That transportation of all PCB materials to and from
the facility shall be performed by waste haulers who have been
registered by the California Department of Health Services.
Containers used for storage of the PCB shall comply with shipping
container specifications of the Department of Transportation.
9. That all personnel working in the storage area shall be
trained in the handling, storage and recordkeeping of PCB items
and that appropriate protective safety equipment shall be
provided to anyone working in the PCB storage area.
10. That all loading and unloading of the drums containing
PCB material be done on a concrete pad that is surrounded by a
minimum 6 -inch high curbing.
11. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2.
12. That Condition No. 1, above - mentioned, shall be
completed within a period of 90 days from the date of this
resolution.
13. That prior to final building, zoning and fire
inspections, Condition Nos. 2, 3, 5, 6, 7, 10 and 11,
above- mentioned, shall be complied with.
14. That the use is granted for a period of two (2) years,
subject to review at the end of one (1) year in order for staff
(Planning and Fire Departments) to review the situation and
determine whether or not the petitioner is complying with all
applicable federal, state, county and city regulations regarding
the storage of hazardous materials; and that said permit shall
expire on December 12, 1985, at which time another conditional
use permit may be sought.
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 unen-
forceable by the final judgment of any court of competent juris-
diction, then this Resolution, and any approvals herein con-
tained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of February,
1984.
ICI e
MAYOR OF THE CITY OF NAHEIM
ATTEST:
CITY 'LERK OF THE C " OF ANAHEIM
JLW:fn
2126M
2/17/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R -50 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of February, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R -50 on the 7th day of February, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of February, 1984.
!, , ,
CITY CLE K OF THE CITY 0 AHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R -50 duly passed and adopted
by the Anaheim City Council on February 7, 1984.
o
CITY CLERK