Resolution-PC 2006-81~ ~
RESOLUTION NO. PC2006-81
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TMAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05123 BE GRANTED
, (1514 WEST BROADWAI~
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
BEGINNING AT A POINT ON THE SOUTH LINE OF WEST BROADWAY WHICH SAID POINT
IS 40 FEET SOUTH OF A POINT WHICH IS 132.88 FEET EAST OF A CEMENT MONUMENT
MARKING THE NORTHWEST CORNER OF LOT 47 OF "ANAHEIM EXTENSION", IN THE CITY
` OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY WM. HAMEL AND FILED FOR
RECORD WITH THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID
POINT BEING THE 1NTERSECTION OFTHE SOUTH LINE OF WEST BROADWAY WITH THE
WEST LINE OF ADAMS 3TREET, RUNNING THENCE SOUTH 0° 10' WEST ALONG THE
WEST LINE OF SAID ADAMS 3TREET AND THE CONTINUATION THEREOF 455J5 FEET TO
THE ` SOUTH LINE OF THE TRACT OF LAND CONVEYED TO THE ANAHEIM-
MANUFACTURING (COMPANY BY DEED RECORDED NOVEMBER 12, 1920, lN BOOK 378,
PAGE 396 OF DEEDS; THENCE SOUTH 88° 5712' WEST ALONG SAID SOUTH LINE 100 .40
FEET TO A POINT ON THE EAST LINE OF 7HE RIGHT OF WAY OF THE LOS ALAMITOS
BRANCH OF THE SOUTHERN PACIFIC RAILWAY; THENCE NORTH 0° 09' WEST ALONG ' -
SAID EAST LINE 248.44 FEET TO A POINT AND CONTINUING ALONG SAID RIGHT OF WAY '
LINE ON A CURVE NORTHEASTERLY WITH A RADIUS OF 352.25 FEET TO AN
INTERSECTION ON THE SOUTH LINE OF SAID BROADWAY STREET; THENCE NORTH 88°
55' EAST ALONG SAID SOUTH LINE 34.44 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 18, 2006, at 2:30 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 18.60, 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.10.030.040.0402 (Outdoor Storage Yard) to permit and retain a tree
service contractor's storage yard with a modular office building with waivers of the following:
(a) SECTION NO. 18.10.060.020.0201 Minimum landscape setback.
20 feet landscape required; 10 feet
proposed)
(b) SECTION NO. 18.46.110.090 Enclosure of outdoor uses.
(solid masonry wall required; chain link
with scrim existing)
2. That the above-mentioned waiver (a) is hereby approved because the site is unique due to a
narrow frontage abutting Broadway and that the existing density of landscaping is adequate. Additionally, '
the neighboring industrial properties to the east provide similar landscape setbacks.
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~ 3. That the above-mentioned waiver (b) is hereby approvedbecause the existing 6-foot high
chain-link fence with mesh provides adequate screening of the outdoor storage of all service equipment
because the equipment is stored in the rear of the property ensuring that all outdoor storage would not be
visible to vehicular; traffic along Broadway and that there are existing Italian Cypress trees lining the westerly
property additionally screening the storage yard and equipment from the adjacent residences. In addition,
the property is unique because it has a narrow frontage which reduces the visibility of the interior of the site
to the public right-of-way.
4. That the proposed use, as conditioned hereirr; will not'adversely affect the adjoining land -
usesand the growth and development of the area in which it is proposed because the site is surrounded by
industrialbusinessesto the east and the:Southern Pacific Railroad rigHt-of-way to the west which serve as a
buffer to the' existing residences to the west. '
5. That the size and shape of the site for the proposed use is adequate to allow fu11
development of the proposal in a manner not detrimental to the particular area nor to the public health and :
safety because the storage yard, with'the exception of the requested waiver,'complies with the applicable
development standards for the underlying I(Industrial) zoning;
- 6. That granting this conditional use permit, under the conditions imposed, will not be
detrimentaf to the health and safety of the citizens of the City of Anaheim.
'7. That no one indicated their presence at said public hearing in opposition; and that
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration 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 thebasis 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.
N01N, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
_ safety and general welfare of the Citizens of the City of Anaheim:
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 site plan. Said items shall not be visible from off-site.
2. That plant debris incidental ta#he 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. During this time, no
single pile of debris may remain on the property for longer than seven (7) days prior to total removal of
the pile. Plant debris shall be removed within thirty (30) days during the months of November through
May. At no time shall plant material or equipment be visible above the fence line. _
3. That the sorting and 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 that no further on-site processing shall
be permitted.
4. 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 exhibit.
5. That the site-screening materials shall be maintained free of tears, holes, rips, and separations. Said
material shall be properfy stretched, nof faded and free from graffiti and any paint-out markings.
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6. That all barbed and razor wire shall be located on the interior of the property and shall not be visible to
the public right-of-way or residentially zoned properties to the west.
7. That any modifications to the fence or materials used for site screening shall be subject to approval by
the Planning Services Division. Any decision by staff regarding said fencing materials may be
appealed to the'Planning Commission as a"Reports and Recommendations" item.
8. That all tree trimming equipment shall not exceed the height of the required perimeter fencing.
9. That any oil, fuel, or fluid waste products shall be disposed of in an approved manner.
10. That no retail sales of firewood shall be permitted on-site.
11. That all major engine, equipment, and truck repairs and/or overhauls shall be prohibited at the property
and only fluid changes, tire changes and tune-ups of the tree trimming business vehicles and
equipment shall bepermitted 6etween the hours of 8 a.m. and 5 p.m.
12. That the property owner shall paythe cost of Community Preservation Division inspections on a
quarterly basis for the duration of this permit, or as deemed necessary for the City's Community
PreservationDivision to gain and/or maintain compliance with State and local statutes, ordinances,
laws or regulations.
13. That the existing chain link gate shall be kept in good repai[ and shall remain unlocked and open
duringbusiness hours to provide vehicular and pedestrian access to required on-site parking.
14. 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 discovery.
15. That all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
16. That within thirty (30) days from the date of this resolution, final landscape plans shall be submitted to
the Planning Services Division showing the addition of tall shrubbery adjacent to the existing 6-foot
high chain-link fence with mesh along Broadway. Said landscaping shall be planted within thirty (30)
days from the date of approvaL
17. That no required parking area shall be used for storage or other outdoor uses.
18. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit No.1, and as conditioned herein.
19. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
20. 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 ofi the
request regarding any other applicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine #hat adoption of this Resolution is expresslypredicated upon appiicanYs compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, 6e declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsibie for paying ail charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure fo pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
-THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 18,`2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions = General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal:
: CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATf EST: :
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SEN10R SECRETARY, ANAHE{M PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify '
that #he foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 18, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
N WITNESS WHEREOF, I have hereunto set my hand this ~ 9~~ day of
~ CM ~e'r', 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC2006-81