Resolution-PC 2002-47• •
RESOLUTION NO. PC2002-47
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT THE PETITION TO REINSTATE AND AMEND CONDITIONAL USE PERMIT NO. 3790
IS HEREBY DENIED
WHEREAS, on September 18, 1995, the Anaheim City Planning Commission, by its
Resolution No. PC95-120, granted Conditional Use Permit No. 3790 to permit a tree service contractor's
storage yard with a modular office building and waivers of minimum yard area abutting a local street and
required screening of outdoor uses on property located at 1514 West Broadway; and
WHEREAS, on April 17, 2001, the City Council, by its Resolution No. 2001 R-98, amended
the conditions of approval of the above-mentioned Resolution No. PC95-120, including Condition No. 4
(requiring removal of barbed and razor wire on perimeter fencing visible to the public right-of-way or
adjacent residentially-zoned property) and Condition No. 19 (specifying that the conditional use permit
would expire in six months on October 17, 2001); and
WHEREAS, the property is developed with a tree service contractor's yard (B and J's Tree
Service) in the ML (Limited Industrial) Zone; and that the Anaheim General Plan designates the property
for General Industrial land uses; and
WHEREAS, the petitioner has requested amendment and reinstatement of this use permit
to modify or delete the above-mentioned Condition Nos. 4 and 19, in order to continue operation of the
existing tree service fQr two more years and to allow the. use of barbed wire visible to #he public right-of-
way or adjoining residential zoning; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 25, 2002 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 conditional use permit and
to investigate and make findings and recommendations in connection therewith; and
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, does find
and determine the following facts:
1. That the requested reinstatement and amendment is authorized by Section 18.03.093 of
the Anaheim Municipal Code.
2. That the requested reinstatement and amendment is hereby denied on the basis that, as
discussed in the Staff Report to the Planning Commission dated March 25, 2002, this use permit has not
been substantially operated in tne same manner as originally approved by the Planning Commission and
City Council; and that the use continues to present enforcement problems and consume staff resources
to repeatedly gain and maintain compliance with the conditions of approval.
3. That the use adversely affects the surrounding land uses and the growth and
development of the area in which it is located due to continued non-compliance with the conditions of
approval; and that the surrounding uses include residences to the west and a newly constructed
industrial complex to the north.
4. That the size and shape of the site where the use is located is not adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
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5. That reinstating and amending this Conditional Use Permit would be detrimental to the
peace, health, safety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the use has imposed an undue burden upon the streets and
highways designed and improved to carry the tra~c in the area.
7. That the continued operation of this conditional use permit with limited adherence to the
imposed conditions of approval would be detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend and reinstate this use permit, including to
amend or delete certain conditions approval, to continue operation of the existing tree service contractor's
storage yard and modular office building with waivers of minimum yard abutting a local street and
required screening of outdoor uses; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 3790 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 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 deny subject Petition to reinstate and amend Conditional Use Permit No. 3790, on the basis
of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March
25, 2002.
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CHAIRP SON, ANAHEI ITY PLANNING COMMISSION
ATTEST:
,~ ~.c~'"_°Cc..
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CiTY OF ANAHEiIVI )
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1, 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
Commission held on March 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
` ~ , 2002.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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