Resolution-PC 98-31RESOLUTION NO. PC98-31
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC88-85,
AS AMENDED BY RESOLUTION P10S. PC95-19 AND PC96-10 AND
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2992
WHEREAS, on March 28, 1988 the Planning Commission adopted Resolut~~n No. PC88-
85 to grant Conditional Use Permit No. 2992, in part, and permit a contractor's storage yard at 507 South
Lemon Straet with vvaivers of minimum landscape setback and required screening adjacent ta a
residential zone (waiver of required enclosure of outdoor uses was denied); and
WHEREAS, on February 22, 1995, the Commission adopted Ftesolution No. PC95-19 to
amend said Resolution No. PC88-85 by approving revise~i pians and amending, in their entirety, the
conditions of approval; and that on January 22, 1996, Commission adopted Resolution Nu. PC96-10 to
add two new condition (Nos. 14 and 15), includ~ng that subject conditional use permit would terminate on
January 22, 1998; and
WHEREAS, this property is developed with a tree service contractor's yard in the ML
(Limited Industrial) zone; that the Anaheim General Plan land use desic~nation is General Industrial; and
that the property is located wi!hin the Commercial/Industrial Redevelopment Area; and
WHEREAS, Leonard Chaidez, the property owner, has submitted a request fur
reinstatement of i9;?•a c~nditional use permit (permitting a tree service contractor's yard with waivers) to
continue the business operation because :he use permit terminated on January 22, 1998; and
WHEREAS, the Gity Planning Commission did hold a public h~ --'ng at the Civic Center in
the City of Anaheim on March i 6, 1998, at 1:30 p.m., notice of s~id public heai;. ~g 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 inspecti~n, 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:
s. That petitioner reques;s reinstaternent of this conditional use permit under the
authority of Code Section 18.03.093 by modification or deletion of a condition of approval pertaining to a
time limitation to relain a tree service contractor's yard
2. That the use is properly one for which a conditional use permit is authorized by
the Zoning Code;
3. That the use has not adversely affected the adjoining land uses and the growth
and development of the area in which it is located; and that the conditions under which Conditionai Use
Permit No. 2992 w2s originally approved still exist;
CR3206PL.DOC -1- PC98-31
4. 7hat the size and shape of the site for the use is adequate to allow full
devalopment of the proposal; and that this conditionai use permit is being exercised substantially in
conformance with the prior conditions of approval and in a manner not detrimental to the particular area,
surrounding land uses nor to the pubiic peace, health, safety and general weifare;
5. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to r,arry the traffic in the area;
6. That permitting this use for an additional year, under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens ~f the Ciry of Anaheirrr
7. That amendments to the conditions of approval, including imposition of an
additional condition thereto, are reasonably necessary to permit reasonable operation under. the
conditional use permit as originally granted; and
8. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALiIY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal 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 findiny that the declaration
reflects the independent Judgment of the lead agency and that it has considered the previouslv approved
Negative Declaration together with any comments received during the public review process and furth~r
finding on the basis of the initial study and any comments received that there is no substantial evidenr.e
that the project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC88-85, as amended by Resolution Nos. PC95-19 and PC96-10 and
adopted in connecQio~ with Conditional Use Permit No. 2992, as foilows:
(a) That Condition Nos. 6, 14 and 15 shall be amended to read:
6. 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 installed
adjacent to the existing masonry biock walls facing Lemon Street and Santa Ana Street to
prevent graffiti opportunities. Said plants shall be maintained wifh an automatic watering
system.
14. That subject Conditional Use Permit is hereby granted for a period of one (1) year, to
expire on January 22, 1999.
15. That the property owner shall be responsible for the cost of monthly Code EnforcemenF
inspections for a period of one (1) year to ensure continuous complianca with the
conditions of approval.
(b) That the following new Condition No. 16 shall be added:
16. That the property owner shall pay the cost of Code Enforcement inspections as often as
necessary unfil the subject property is brought into compliance, or as deemed necessary
by the City's Code Enforcement Division to gain and/or maintain compliance with State
and local statutes, c~dinances laws or regulations.
"z" °C98-31
THE FOREGO~NG RESALUTION was adopted at the Planning Commission meeting of
March 96, 1998.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
l_%U~J~
SECRE7ARY, ANA IM CITY PLANNING COMMISSION
STATE OP CALIFORNiA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim 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 i 6, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMM{SSIONERS: NONE
,4BSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 1998.
~1a~ar~ ~o~
SCCRETARY, A HEIM CITY PLANNING COMMISSION
'3' PC98-31