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2001-098RESOLUTION NO. 2001R-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 3790 AND AMENDING RESOLUTION NO. PC95-120 ACCORDINGLY WHEREAS, on September 18, 1995 the Planning Commission adopted Resolution No. PC95-120 to grant Conditional Use Permit No. 3790 and permit a tree service contractor's storage yard with a modular office building and waivers of required screening of outdoor uses and minimum yard area abutting a local street on property located at 1514 West Broadway; and WHEREAS, this property is developed with a tree service contractor's storage yard {B and J's Tree Service) in the ML (Limited, Industrial) zone; and that the Anaheim General Plan Land Use Element designates this property for General Industrial land uses; and WHEREAS, this is a city-initiated request by the Code Enforcement Division to modify or revoke this conditional use permit under authority of Code Section 18.03.091 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing on January 3, 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, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith. 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, adopted its Resolution No. PC2001-3 amending the conditions of approval of Conditional Use Permit No. 3790 as set forth in Resolution PC95-120; and WHEREAS, the permittee appealed the decision of the Planning Commission to the City Council in the manner provided by law; and WHEREAS, the City Council held a duly noticed public hearing on April 17, 2001, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit No. 3790. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3790 be, and the same are hereby, amended in their entirety to read as follows: 1. That only equipment, trailers, and vehicles incidental to the tree trimming business or the personal property of the business owner shall be stored at the property in the designated locations as shown on the revised site plan. 2. That a maximum of six (6) shipping containers and six (6 roll-off bins shall be maintained on-site in the designated areas as shown on the site plan. 3. That all site-screening materials shall be maintained free of tears, holes, rips, separations and/or other damage. 4. That all existing barbed and razor wire visible to the public right-of-way (Broadway) or to the residentially-zoned properties to the west shall be removed from the perimeter fencing, and that no barbed or razor wire shall be permitted. 5. That the sorting and/or transfer of tree trimming and dead plant debris shall be limited to debris retrieved in the normal operation of the subject tree trimming service and no further on- site processing shall be permitted. 6. That any tree trimming materials on-site shall not exceed the height of the required perimeter fencing. 7. That any oil, fuel or fluid waste products shall be disposed of in compliance with Fire Department and Orange County Health Care Agency regulations. 8. That no retail sale of firewood shall be permitted on-site. 9. That all major engine, equipment and truck repair and/or overhaul shall be prohibited at this property; and that only oil changes and tune-ups shall be permitted and shall be limited to the hours between 8 a.m. and 5 p.m. 10. That the property owner shall pay the cost of Code Enforcement Division inspections once each month for the duration of this conditional use permit, or as deemed necessary by the city Code Enforcement Division, to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 11. That the existing chainlink gate shall remain unlocked and open during business hours to provide vehicular and pedestrian -2- access to required on-site parking. 12. 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 occurrence. 13. That the on-site and off-site landscaping (adjacent to the west property line abutting the railroad) and irrigation system shall be refurbished and maintained in compliance with City standards and Exhibit No. 1, Revision No. 1 of Conditional Use Permit No. 3790 (CUP Tracking No. 2001-04353). In the event that the off-site landscaping is removed, revised landscape plans shall be submitted to the Zoning Division for review and approval for adequate screening from the residential properties to the west. 14. That all existing mature landscaping shall be maintained and shall be immediately replaced in the event that it becomes diseased or dies. 15. That plant debris incidental to the tree trimming shall not be mulched or allowed to compost on-site. Plant debris shall be removed on a weekly basis between June and October. Plant debris shall be removed within 30 days the remainder of the year. At no time shall any plant material or equipment be visible above the fence line. 16. That signage shall be limited to existing and approved signs. Any additional signs shall be subject to review and approval by the Planning Commission as a "Reports and Recommendations" item. 17. That no required parking area shall be used for storage or other outdoor uses. 18. That the petitioner shall submit a waste diversion and recycling plan to the Public Works Department, Streets and Sanitation Division for review and approval. Any trash and/or recycling containers stored on-site shall be located behind the office building and shall not be visible to the public right-of- way. 19. That this conditional use permit shall expire six (6) months from the date of this resolution, on October 17, 2001. 20. 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 Exhibit No. 1, Revision No. 1 of Conditional Use Permit No. 3790 (CUP Tracking No. 2001- 04353) and as conditioned herein." 21. That Condition Nos. 1, 2, 3, 4, 6, 13, 17, 18 and 20, above- -3- mentioned, shall be completed within a period of thirty (30) days from the date of this resolution. 22. 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. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC95-120 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of April, 2001. ATTEST: iT C ~C~.RK/OF TH~ CITY OF-ANAHEIM 39859.1. -4- 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. 2001R-98 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of April, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None G<~TY CLERK OF 'I~E CITY OF ANAHEIM (SEAL)