Resolution-PC 2001-118~
RESOLUTION NO. PC2001-118
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2992
FOR ONE YEAR TO EXPIRE AUGUST 27, 2002
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._reiastatin~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, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 27, 2001, at 1:30 p.m., 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; and
WHEREAS, said Commission, after due inspection, investigation and study made by itseff
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That reinstating and amending this conditional use permit is authorized by the Zoning
Code.
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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.
9. That_no one indicat~d #heir_presence at th~publiE hearing in-oppos+~ior~ to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
~ianning Commission has reviewed the proposal to reinstate and approve Conditional User Permit No.
2992 and to amend the conditions of approval pertaining to a time limitation in order to retain a tree
service contractor's yard on a rectangularly-shaped 0.56-acre property located at the southwest corner of
Santa Ana Street and Lemon Street, with frontages of 213 feet on the south side of Santa Ana Street and
115 feet on the west side of Lemon Street, and further described as 507 South Lemon Street (Leonard
Chaidez Tree Service); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 2992 is adequate to serve as the required environmental
documentation in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the previously approved Negative Declaration
together with any comments received during the public review process and further finding on the basis 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and Conditional Use Permit No. 2992 to retain a tree service contractor's yard for a
period of one year to expire on August 27, 2002;
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their entirety, the conditions of approval of adopted in connection with Conditional Use
Permit No. 2992, to read as follows:
That this conditional use permit shall expire one (1) year from the date of this resolution on
August 27, 2002.
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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 that said sign(s) shall be a
monument-type limited to either:
(a) One (1) sign if located at the corner of Lemon Street and Santa Ana Street: maximum eight (8)
square feet in area and maximum eight (8) feet in height; or
(b) Two (2) signs if one faces Lemon Street and the other faces Santa Ana Street: maximum four
(4) square feet each in area and maximum eight (8) feet in height. In lieu of monument-type
signs, subject signs may be attached to, and parallel with, the proposed masonry block walls
adjacent to Lemon Street and Santa Ana Street.
The sign copy shall be limited to the business name and the street address.
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.
i. 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 ptants shall be maintained with an automatic watering system and kept in a healthy condition.
If said landscaping become diseased, dies or becomes otherwise unsightly, it shall be replaced in a
timely manner.
ThBt ±hg ~O:fil~~ 2;~:.1 !~8t'1Sf°r ~f 4roo ±r~^~^~~^y ~~br;s s"~!! be lirnit~~ #~ d~bris r€tr~€ved ir the ~~ormal
operation of the subject tree trimming service; and that no further on-site processing shall be
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 including temporary storage of materials (including tree trimming debris) shall
not be permitted.
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 finro-way radio communication system shall
be used for opening the gates 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.
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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 was adopted at the Planning Commission meeting of
August 27, 2001. /~
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM __ ) _ _. __ _
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Lommission heid on August 17, 20~1, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
o , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. CUP2001-04426
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