ARA1984-026RESOLUTION NO. ARA84 -26
RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
PERMITTING AN EXISTING NONCONFORMING LAND USE
TO REMAIN IN THE ANAHEIM REDEVELOPMENT PROJECT
ALPHA AND PERMITTING A MINOR VARIATION FROM THE
LAND USE CONTROLS OF THE REDEVELOPMENT PLAN
WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is a
redevelopment agency duly created, established and authorized to transact business
and exercise its powers under and pursuant to the Community Redevelopment Law
(Part I of Division 24 of the Health and Safety Code of the State of California); and
WHEREAS, a Redevelopment Plan for the Anaheim Redevelopment Project
Alpha (the "Project ") was approved and adopted by the City Council of the City of
Anaheim (the "City ") on July 19, 1973 by Ordinance No. 3190, and amended on July
20, 1976, November 30, 1976 and January 5, 1982 by Ordinances Nos. 3567, 3631 and
4300, respectively; and
WHEREAS, the City Council authorized the construction and operation of a
resource recovery and recycling plant with associated automobile dismantling and sale
of salvaged parts on certain property within the Project area described as Lots 11, 12,
13, 31 and 32 ( "Existing Use Parcel") in Exhibit A attached hereto, pursuant to
Conditional Use Permit No. 1703 granted by Resolution No. 7711-670 on October 11,
1977, Resolutions Nos. 77R -669, 78R -437, 78R -560 dated October 11, 1977, July 11,
1978, and September 19, 1978, respectively, authorizing the reclassification of the
zoning of said Lots from Residential /Agricultural to Industrial, Limited, and Ordinance
No. 3915 dated October 3, 1978 amending the Municipal Code Relating to Zoning; and
WHEREAS, the resource recovery and recycling plant on the Existing Use Parcel
is operated by George Adams, an individual, and Orange County Steel Salvage, Inc.
under a lease, dated January 1, 1977 as amended on April 18, 1978, from the owner of
said Existing Use Parcel (the "Lessee "); and
WHEREAS, WCS International, the parent company of Orange County Steel
Salvage, Inc., has purchased fee title to the property adjacent to the Existing Use
Parcel, described as Lots 14 and 15 ( "Expansion Parcel ") in Exhibit A attached hereto,
and said parties desire to expand the resource recovery and recycling operation to the
Expansion Parcel for surf4ab storage; and
WHEREAS, said uses qn the Existing Use and Expansion Parcels do not ponform
to the Open Space land use designated in the Redevelopment Plan for said Parcels; and
WHEREAS, WCS International has petitioned the City fors
1. A General Plan Amendment changing the current General ppgn Space
designation for Lot 13 of the Existing Use Parcel and the E *pansion
Parcel to General Industrial;
2. Reclassification changing the current Residential / Agripultural zoning
for the Expansion Parcel to Industrial, Limited;
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3. A Conditional Use Permit expanding to the Expansion Parcel the
resource recovery and recycling operation currently on the Existing
Use Parcel; and
WHEREAS, WCS International has requested that the Agency:
1. Permit an Existing Nonconforming Use for the Existing Use Parcel
under Section 411 of the Redevelopment Plan;
2. Grant a Minor Variation from the land use provisions of the
Redevelopment Plan for the Expansion Parcel; and
WHEREAS, in granting a Conditional Use Permit for the Existing Use Parcel, the
City Council made findings in Resolution No. 77R -670 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 adjoining 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 0 adequate to
allow the full development of the proposed use in n manger not
detrimental to the partipular area nor to the peace, health, safety
and general welfare;
4. The traffic generated by the proposed use will not impose ap 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; and
WHEREAS, in adopting Ordinance No. 3915 amending Title 18 of the Anaheim
Municipal Code relating to zoning the City Council found that all conditions and
requirements set out in City Council Resolution No. 77R -669 as conditions precedent
to the making of the zone .change had been complied with; and
WHEREAS, Petitioners have operated the resource recovery and recycling plant
on the Existing Use Parcel since 1977; and
WHEREAS, Section 411 of the Redevelopment Plan authorizes the Agency to
permit an existing use to remain in an existing building which does not conform to the
provisions of the Plan provided that such use is determined by the Agency to be
generally compatible with the development and uses in the Project area, and the owner
of such property is willing to enter into a participation agreement and agree to the
imposition of such reasonable restrictions as are necessary to protect the development
and use of the Project area; and
WHEREAS, Section 421 of the Redevelopment Plan authorizes the Agency under
exceptional circumstances to permit variations from the limits, restrictions and
controls established by the Plan provided, the Agency determines that:
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1. The application of certain provisions of the Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purpose and intent of the Plan;
2. There are exceptional circumstances or conditions applicable to the
--
property ene all the intended o he properties development the e which
same standards,
apply g Y
restrictions, and controls;
3. Permittin a variation will not be materially detrimental to the
public we are of injpriou$ to property or improvements in the area;
4. Permittin p variation will not be cor►trary to the objectives of the
Plan;
NOW, THEREFORE, BE IT RESOLVED by the Arlaheim Redevelopment Agency
as follows;
1. The Agency hereby finds and determines that the existing
nonconforming use on the Existing Use Parcel is generally compatible
with the 4evelopment and uses in the Project area in that:
a. The entire Northeast Area of the Project is overwhelmingly
industrial in nature;
b. The Existing Use Parcel (and the Expansion Parcel) is an
isolated piece of land adjoined only by the inactive and vacant
county solid waste landfill, with the closest existing active use
being a building materials supply yard of a similar industrial
type;
C. The property is located in the Anaheim Canyon Industrial Area;
and
d. The City Council has found that the existing use will not
adversely affect the adjoining land uses and the growth and
development of the area where it is located.
2. The Agency hereby finds and determines with respect to the
Expansion Parcel that exceptional circumstances exist which support
a variation from the limits, restrictions and controls of the land use
designated by the Plan in that:
a. The application of the land use provisions of the Plan would
result in practical difficulties or unnecessary hardships for
Petitioners inconsistent with the general purpose and intent of
µ the Plan in that the Expansion Parcel is a small parcel of land
of approximately 1.86 acres whose proposed use is�to provide a
surface storage area for the adjacent existing recovery
resource and recycling plant operating under a permitted
nonconforming existing use designation; amending the
Redevelopment Plan to change the land use designation would
require costly delays to Petitioners in obtaining required
approvals for use of the land and the expansion area needed for
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the existing operation on the Existing Use Parcel; and
Petitioners constructed and have operated the recovery
resource and recycling plant pursuant to a Conditional Use
Permit and a reclassification of zoning granted by the City on
October 11, 1977.
b. There are exceptional circumstances and conditions applicable
to the Expansion Parcel and to the intended development of the
property which do not apply generally to other properties
having the same land use designation in that the variation in use
is sought only to expand a permitted existing nonconforming use
on the Existing Use Parcel, and is adjoined only by said existing
use and an inactive vacant county solid waste landfill. The
Expansion Parcel and the Existing Use Parcel were designated
as open space in the Redevelopment Plan only because of
proximity to the much larger county landfill area. Neither
Parcel has ever been part of the landfill and has always been
under private ownership separate from the county area.
C. A variation from the land use provisions will not be materially
detrimental to the public welfare or injurious to property or
improvements in the area, because (i) the use would only
involve a minor extension of the area for conducting the same
existing operations on the Existing Use Parcel, and (ii) the
Existing Use Parcel and the Expansion Parcel are very
effectively buffered from surrounding uses by a major freeway,
a large riverbed, a railroad line, the county landfill, and a
building materials supply yard.
d. A variation would not be contrary to the objectives of the
Redevelopment Plan since the entire Northeast Area is
overwhelmingly industrial in nature, the two closest existing
uses (the existing operations on the Existing Use Parcel and the
building materials supply ,yard) are both of a similar industrial
type, and all projections for the now vacant county landfill
property clearly indicate ultimate use as industrial.
3. The Agency hereby permits the existing resources recovery and
recycling plant to remain as a use on the Existing Use Parcel in the
Project area, provided that:
a. No new buildings or structures will be constructed on the
Existing Use Parcel, and no existing buildings or structures will
be expanded beyond their current size.
b. The operations on the Existing Use Parcel shall not be
intensified beyond the currently existing uses.
C. The resource recovery and recycling plant shall be operated in
conformance with all terms, conditions and restrictions
required by the City.
4. The Agency hereby pprmits a minor variation for the Expansion
Parcel from the Open Ppace land use designation established in the
Redevelopment Plar; prpvided that:
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a. The Expansion Parcel is used only for surface outdoor storage
of nontoxic substances in conjunction with and as an expansion
of the resource recovery and recycling plant nonconforming use
permitted on the Existing Use Parcel.
b. Said land use variation shall be subject to and in compliance
with all terms, conditions and restrictions required by
resolptions and ordinances adopted by the City Council granting
a Conditional Use Permit, reclassifying and rezoning the
Expansion Parcel and adopting an amendment to the Land Use
Element of the General Plan for Lot 13 of the Existing Use
Parcel and the Expansion Parcel.
C. The minor variation granted herein shall become effective only
if the City Council approv6s the Conditional Use Permit, the
reclassification of zoning, and the amendment to the General
Plan.
d. No buildings or structures shall be constructed on the Expansion
Parcel.
5. The permit for an existing nonconforming use on the Existing Use
Parcel and the minor variation for the Expansion Parcel granted
hereunder shall automatically terminate upon expiration or
termination of the lease term in Petitioner's lease for the Existing
Use Parcel.
6. ' Upon approval by the City Council of the aforementioned conditional
Use Permit and the reclassification of zoning for the Expansion
Parcel, and the amendment to the General Plan, the Executive
Director is hereby authorized to take all steps, to execute a
Participation Agreement with Petitioners and to sign and record all
documents and instruments necessary to implement the
determinations made herein on behalf of the Agency.
PASSED AND ADOPTED by the Anaheim Redevelopment Agency at a duly
called meeting thereof held on the 2nd day of October , 1884
CHAIRMAN
ANAHEIM REDEVELOPMENT AGENCY
A
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ANAHEIM 4 :DEVELOPNPATT AGENCY
160/4 -43
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby
certify that the foregoing Resolution No. ARA84 -26 was passed and adopted at a ^**
regular meeting of the Anaheim Redevelopment Agency held on the 2nd day of
October, 1984, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: Pickler
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency
signed said Resolution on the 2nd day of October, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
October, 1984.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
EXHIBIT "A"
EXISTING USE PARCEL
The land referred to as the Existing Use Parcel is situated in
the State of California, County of Orange, and is described as
follows:
Lots 11, 12, 13, 31, and 32 of Orange Grove Acres No. 2, as
shown on a map recorded in Book 07, page 36 of Miscellaneous
Maps, records of Orange County, California.
EXPANSION PARCEL
The land referred to as the Expansion Parcel is situated in the
State of California, County of Orange, and is described as
follows:
Lots 14 and 15 of Orange Grove Acres No. 2 as shown on a map
recorded in Book 07, page 36 of Miscellaneous Maps, records of
Orange County, California.
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