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2001-263RESOLUTION NO. 2001R-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 2992 FOR A PERIOD OF ONE YEAR TO EXPIRE AUGUST 27, 2002, AND AMENDING THE CONDITIONS OF APPROVAL RELATING THERETO. WHEREAS, on March 28, 1988, the Anaheim City Planning Commission adopted Resolution No. PC88-85 to grant Conditional Use Permit No. 2992, in part, and permit a contractor's storage yard with waivers of minimum landscaped setback, and required screening adjacent to residential zoning and required enclosure of outdoor uses (waiver of a fourth waiver was denied); and WHEREAS, on February 22, 1995, the Planning Commission adopted Resolution No. PC95-19 to approve revised plans for the previously-approved tree service contractor's yard; and WHEREAS, on January 22, 1996, the Planning Commission considered a city-initiated proposal to revoke or modify this use permit, and adopted Resolution No. PC96-10 to modify certain conditions of approval to require monthly inspections by Code Enforcement for six months and to allow the use until January 22, 1998; and WHEREAS, on March 16, 1998, the Planning Commission adopted Resolution No. PC98-31 reinstating this use permit with a time limit to expire on January 22, 1999; and WHEREAS, on August 10, 1999, the Anaheim City Council adopted Resolution No. 99R-173 reinstating this use permit with a time limit to expire on August 10, 2000; and WHEREAS, on July 31, 2000, the Planning Commission adopted Resolution No. 2000R-92 to reinstate this use permit and amend the conditions of approval; and that Condition No. 11 specifies that the use permit shall expire on July 31, 2001; and WHEREAS, this property is developed with a tree service contractor's yard in the ML (Limited Industrial) zone; that the property is located within the South Anaheim Boulevard Corridor and the Commercial/Industrial Redevelopment Project Area; and that the Anaheim General Plan Land Use Element designates this property for Low Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit and modification or deletion of Condition No. 11 pertaining to the time limitation under authority of Code Section 18.03,093 to retain the tree service contractor' s yard; and WHEREAS, on August 27, 2001, the Planning Commission did hold a duly noticed public hearing and, following said public hearing, did adopt its Resolution No. PC2001-118 approving reinstatement of Conditional Use Permit No. 2992 to expire August 27, 2002, for the reasons set forth therein; and WHEREAS, within the time permitted by law, an interested party, or the City Council by its own action, did appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing on said appeal at the City Hall in the City of Anaheim on October 16, 2001, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, 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 City Council after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine as follows: 1. That reinstating and amending this conditional use permit is authorized by the Zoning Code. 2. That the use, as proposed to be reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use, as proposed to be reinstated and amended and as conditioned herein, is adequate to allow the full development of the in a manner not detrimental to the particular area nor to the peace~ health~ safety and general welfare. 4. That the traffic generated by the proposal will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That reinstating and amending 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. 6. That this use permit has been operated in substantially the same manner as originally approved by the Planning Commission. 7. That the petitioner has taken significant steps to conform with the conditions of approval, as evidenced by information provided by the Code Enforcement Division, but the property still requires periodic vigilance for condition compliance. 8. That the one-year term reinstatement of this permit, as conditioned herein, will not be detrimental to nearby residential land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2992 be, and the same is hereby, reinstated and extended for subject to compliance with the following conditions; and that the conditions of Conditional Use Permit No. 2992, as heretofore approved and extended be, and the same are hereby, amended and restated in their entirety, to read as follows: 1. That this conditional use permit shall expire one (1) year from the date of this resolution on August 27, 2002. 2. That any proposed freestanding sign ( s ) on subject property shall be reviewed and approved by the Planning Commission as a Reports and Recommendations item and shall be a monument-type limited to either: (a) One (1) sign, a maximum of eight (8) square feet in area and a maximum of eight (8) feet in height, if located at the corner of Lemon Street and Santa Ana Street; or (b) Two (2) signs (one facing Lemon Street and one facing Santa Ana Street ) , a maximum of four ( 4 ) square feet each in area and not exceeding eight (8) feet in height. In lieu of monument- type signs, subject sign(s) may be attached to, and parallel with, the proposed masonry block walls adjacent Lemon Street and Santa Ana Street. The sign copy shall be limited to the street address and the business name. 3. That the legal property owner shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours after its application. 4. That at least one ( 1 ) , minimum fifteen ( 15 ) gallon- sized, tree for every twenty (20) linear feet of street frontage shall be maintained along Santa Ana Street and Lemon Street, with appropriate irrigation facilities. 5. That non-deciduous clinging vines, planted on maximum three (3) foot centers, and non-deciduous shrubbery, planted on maximum five (5) foot centers, shall be maintained adjacent to the existing masonry block walls facing Lemon Street and Santa Ana Street to prevent graffiti opportunities. Said plants shall be maintained with an automatic watering system and kept in healthy condition. If said landscape materials become diseased, die or are otherwise unsightly, they shall be replaced in a timely manner. 6. That the sorting and transfer of tree trimming debris shall be limited to debris retrieved in the normal operation of the subject tree trimming service with no further on-site processing permitted. 7. That subject property shall be developed and maintained 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 Revision No. 1 of Exhibit No. 1, including maintenance of a six (6) foot high block wall along Lemon Street and Santa Ana Street. 8. That outdoor storage of materials (including tree trimming debris) shall not .exceed the height of the required perimeter fencing. 9. That tree trimming debris shall not be allowed to compost on site. 10. That solid gates shall be maintained in the driveways along Lemon Street and Santa Ana Street. Said gates may remain open in the morning from 7 a.m. to 8 a.m. and in the afternoon from 4 p.m. to 5 p.m. and shall be closed between 8 a.m. to 4 'p.m. A two-way radio communication system shall be used for opening the gate~ between 8 a.m. and 4 p.m. 11. That the property shall be maintained in compliance with Engineering Standard No. 137 pertaining to sight distance visibility for monument-type signs and/or wall and fence locations. 12. That the property shall be subject to monthly inspections by the Code Enforcement Division to assure compliance with all code and condition requirements, the cost of which inspections shall be reimbursed to the City by the property owner within thirty ( 30 ) days following receipt of monthly invoices. 13. That all vehicles pertaining to this business shall be parked on-site in designated parking spaces and that the public streets and adjacent properties (including the vacant property immediately south of this facility) shall not be utilized for any parking or storage related to this business. 14. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of October, 2001. ATTEST: CIT ERK ~DF' ' ....... THE CITY OF ANAHEIM MA~ O F T~E E IM 42201.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-263 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of October, 2001. by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, 'Tait, McCracken Daly None (SEAL)