Resolution-PC 98-8A RESOLUTION OF THE ANAHEIM CITY PLANHING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3995 BE GRANTED
WHEREAS, the Anaheirn City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP P,ECORDED IN BOOK 129, PAGE 13 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
WHEREAS, the City Planning Commission d(d hold a public hearing at the Civic Center in the City
of Anaheim on ,;anuary 21, 1998 at 1:30 p.m., notice of said public liearing having been duly given as
required by law and in accordance with the provisions of the Anaheim hlunicfpal Code, Cf~apter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings ar.d recommendations in connection thorewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and aker due consideration of ail evidence and reports offered at said hearing, does find
and determin~ the following facts:
1. That the proposed use is properly one for which a conditional uss permit fs
authorized by Anaheim Municipal Code Section 18.110.060.050.0501(i) to permit an outdoor household
hazardous malerials recycling/resources recovery transfer facility with waivers of the following:
(a) Section 18.110.U60.090 090~(al - Minimum setback adiacent to thQ Riversidg
Fre._ ewav
Structural setback (50 foot with a 30-foot wid
lan_ dscaped area required;
~5 feet with a 10-foot land caped "re"
proposed)
(b) ~ction 18.110.060.,100i1001 - Permffted encroachm nts in etback areas.
(maximum 36 inch high decorativ -r n-tv~
~ permitted af teast 10 feet from La Palma
Avenue and Blue Gum Street; ~foot hiah
wrought iron fence proposed)
2. That there is a special circumstances applicable to it~e nroperty consisting of its
irregular shape, which does not apply to other identic211y zoned properties in the vicinity, because the
proposed 35-foot building setback is sufficient since a 10-foot high block wall (with wrought-iron (nsets) will
screen the o~c~ building from the Riverside Freeway; and that the landscaping pian shows that trees will
b0 placed on 20-foot centers to provide additional screening and to improve the aesthetics of thfs outdoor
recycling facility;
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3. That strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties under i~entical zoning classification in the vicinity;
4. That the proposed 6-foot hic~h wrought-iron fence will secure the property while
providing maximum visibility of the landscaping in the setback area; and that the proposed fencing will
match the fencing at the northeast and southeast corners of La Palma and Biue ~Gum Street, which are
directly across from this property;
5. That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code for Development Area 1A of the Northeast Area Specific Plan;
6. That the proposed use, as conditioned herein and as proposed to be operated,
will not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be located; and that the proposal complies with the development standard requiring
screening af all outdoor components of this facility;
7. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimenkal to the particular area nor to the peace, health,
safety and general welfare because there is sufficient room to allow the drive-through operations to
minimize handling of household hazardous materials and to create the safest environment possible;
8. That the traffic generated by the proposed use svil! not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
9. That the granting of the conditional use permit, under the conditions imposed, will
not be detrimentai to the peace, health, safery and general welfare of the c:tizens of the City of Anaheim;
and
10. That 2 people spoke in favor of subject proposal at said public hearing and 1 person
stating he represented 324 homeowners spoke and submitted a petition with 142 signatures in opposition;
and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRnNneFhrei n~,n, ~T,. ~~r ~~~~~~.~... That the Anaheim City
Planning Commission has reviewed the proposal to permit an outdoor household hazardous materials
recycling/resources recovery transfer facility with waivers of minimum setback ~~Jjacent to the Riverside
Freeway and permitted encroachments in setback areas. on a 9.42 acre parcel located on ihe southwest
corner of La Palrr~a Avenue and Blue Gum Street and having ftontages of 407 feet on the south side of La
Palma and 304 feet on the west side of B~ue Gum Street (1071 North Blue Gum Street); and r;~es 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 Dedaration together with any comments received
during the public review process and further finding on the basi.s 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.
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NOW, THEREFORE, BE !T RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following 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 thF City ~f Anaheim:
1. (a) That the developar shall submit detailed landscaping and irrigation pians to refurbish the
slope landscaping in the La Palma Avenue right-of-way to the Public Works Department and
the Communify Seivices Deaartment for review and approval. Said landscaping shall
include a minimum of seven (7), minimum lwenty four (24) inch box Canary Island Pine
trees and fhirty six (36), minimum five (5) gallon Crepe Myrtle shrubs; and
(b) That prior to approval of the associafed grading plans, the developer shall record a
landscape maintenance agreement with the Cib~ of Anaheim for the slope landscaping,
subject to the review and approval of the City Attorney for content and form; and
(c} That the irrigation system for the slope landscaping shall conform with Chapter 10.09
"Water Efficiency" of the Anaheim Municipal Code.
2. That the applicanVdeveloper shall pay for striping Blue Gum Street from La Palma Avenue to
Grekta Lane, as needed, at a cost of approximately five hundred dollars ($500.00).
3. That plans shaB be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance w;th the latest revisions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shal! thereupon
be developed and maintained in conFormance with said plans.
4. That all drivaways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Stanoard No. 137.
5. That trash storage area{s) 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. Such information shalf be specifically shawn on the pians submitted for
building permits.
6. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approvai.
7. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction
of the Public Works Department, Streets and Sani!ation Division. Said turn-around area shall be
specifically shown on plans submitted for bui!ding permits.
S. That a Lot Line Adjus!ment Plat to combine the existing lots fnto one (1) parcel shall be submitied
to the Subdivision Section and approved by the City Engineer and then recorded in lhe Office of
the Orange County Recorder.
9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
10. That the property owneddeveloper shall submit the following to the Zoning Division for review and
approval:
(a) Revised plans showing the "return" of the block wall (including vines to prevent graffiti
apportunities) to the first driveway at the northwest corner of Blue Gum Street and the
Riverside Freeway; and
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(b) Revised landscaping plans showing additional trees (on minimum (10) foot centers) in the
landscaping are~ adjacent to Blue Gum Street. •
11. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit No. 1855 (to pennit a car leasing facility with waiver of required enclosure of outdoor uses
at 1071 North Blue Gum Street) to the Zo~ing Division.
12. That subject property shall be deveioped substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
13. That prior to issuance of a building permit or within a period of one (1) year Trom the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 10, 11, 20 and 21,
herein-mentioned, shal! be complied with. Extensions for further time to complete said conditions
may be granted in accordance with ~ zction 18.03.090 of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections, Condition Nos. 4 and 12, above-mentioned,
shall be complied witli.
15. 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 appiicable City, State and
Federal regulations. Approval does not include any action or findings as to comp~iance or
approval of the request reg2rding any other applicabie ordinance, regulation or reGuirement.
16. That the household hazardous materials accepted for collection shall be limited to the following:
Auto and furniture polish
Automotive products, including motor oil, anti-freeze, batteries, etc.
Chemical drain cleaners
Fertilizers
Hobby supplies
Household cleaners
Househoid paints, coatings and solvents
Pesticides
Photographic chemicals
Pool chemicals
Unused road flares
Weed killers
Wood preservatives
17. That the folla~vinc~ rules shall apply for acceptance of household hazardaus materials:
The pro~luct is in an approved container
The container is sound and not leaking
The contents of the containers are the same as stated on the labels
The total quantity per visit does not exceed five (5) gallons or fifty (50) pounds
Glass containers are protected from breakage
The material or waste does not originate from a smali businass
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18. That the following household hazardous materials shall not be accepted:
Extremely hazardous materials
Radioactive materials
CompressQd gas cylinders (full or partially full)
Bioloqicai wastes
Asbestos
Ammunition andlor explosives
19. That the coliection station shali utilize watertight containment modules for storage of hazardous
materials. Additional containment shall be provided by a curbed conc~ete slab/apron where the
materials will be handled. Licensed hazardous waste haulers shali be under County of Orange
contract to categorize, package and transport the hazardous materials from this collection point to
the appropriate treatr~ent center and/or disposal facilities.
20. That the petitioner shal! provide evidence to the Zoning Division showing permission to encroach
into the Caltrans right-of-way in order to maintain the vines planted adjacerY to the freeway side of
the existing ten (10) foot high block wall.
21. That a sign program shall be submitted to the Zoning Divis(on for review and approval b~ the
Planning Commission as a"Reports and Recommendations" item.
BE iT ~URTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated u on applicanYs compliance
with each and all of the conditions hereinabove set forth. Should anySUC~ on 'tion, ar any part thereof,
be declared invalid or unenforceable by the final judgment of any court of ~mp tent jurisdiction, then this
Resolution, and any approvals herein containe~i, shaii bz emed null an v id.
THE FOREGOING RESOLUTIO wa dopt~d at tf} Planning Commission meeting of
January 21, 199B. j ~" ; _
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
- ~ .
I /~,q~
SECRETARY, AH~IPn CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEI'iW )
I, Margarita Solorio, Secretary of the Anaheim City Plannina Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Maheim City Planning
Commission held on January 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIQNERS: BOSTWICK, MAYER, PERA7~1
IN WITNESS WHEREOF, I have hereunto set my hand this ! 1 day of-=~u~~u"'-~/ ~
1998.
~
' a~ _~..1 '~~.c:e-~
SECRETA Y, A !iEIM CITY PLANNING COMMISSION
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