99-173RESOLUTION NO. 99R-173
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING
REINSTATEMENT OF CONDITIONAL USE
PERMIT N0. 2992
WHEREAS, on March 28, 1988, the Planning Commission
City Council adopted its Resolution No. PC88-85, approving
Conditional Use Permit No. 2992 to permit a contractor's storage
yard with waivers of minimum landscaped setback (approved in
part) and required screening adjacent to a residential zone
(waiver of required enclosure of outdoor uses was denied) on
property located at 507 South Lemon Street; at (the "premises" or
"property"); and
WHEREAS, Conditional Use Permit No. 2992, as approved
by Resolution No. PC88-85, was subsequently amended by Resolution
Nos. PC95-19, PC96-10 and PC98-31; and
WHEREAS, Condition No. 14 of Resolution No. PC98-31
expressly provided that Conditional Use Permit No. 2992 granted
for a limited period of time only and that said permit would
expire on January 22, 1999; and
WHEREAS, Conditional Use Permit No. 2992 did expire, by
its own terms, on January 22, 1999; and
WHEREAS, the owner or operator of the premises has
requested, pursuant to Code Section 18.03.093 of the Anaheim
Municipal Code, ghat said Conditional Use Permit be reinstated by
the modification or deletion of Condition No. 14 of Resolution
No. PC98-31 to retain the existing contractor's storage yard; and
WHEREAS, on June 21, 1999, the Planning Commission did
hold a duly noticed public hearing and, following said public
hearing, did adopt its Resolution No. PC99-15 denying
reinstatement of Conditional Use Permit No. 2992 for the reasons
set forth therein; and
WHEREAS, within the time permitted by law, an
interested party, or the City Council by its own action did
appeal the decision of the Planning Commission to the City
Council; and
WHEREAS, the City Council did hold a public hearing on
said appeal at the City Hall in the City of Anaheim on August 10,
1999, notice os said public hearing having been duly given as
required by law and in accordance with the provisions of the
Anaheim Municipal Code, 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 City Council after due inspection,
investigation and study made by itself and on its behalf, and
after due consideration of all evidence and reports offered at
said hearing, does find and determine as follows:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code; and
2. The proposed use, if operated in full compliance with
the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it
is proposed to be located; and
3. That the size and shape of the site is adequate to
allow the full development of the use in a manner not detrimental
to the particular are nor to the peace, health, safety and
general welfare; and
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area; and
5. The granting of this approval, under the conditions
imposed herein, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim; and
6. The permit or variance is being exercised substantially
in the same manner and in conformance with all conditions and
stipulations heretofore approved by the City; and
7. The permit or variance is being exercised in a manner
not detrimental to the particular area and surrounding land uses;
nor to the public peace, health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 2992, as
approved by Resolution No. PC88-85, as heretofore amended, be,
and the same is hereby, reinstated and extended subject to
compliance with the following conditions; and that the conditions
of Conditional Use Permit No. 2992 be, and the same are hereby,
amended and restated in their entirety, to read as follows:
1. That plans shall be submitted to the City Traffic and
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Transportation Manager for his review and approval showing
conformance with Engineering Standard No. 137 pertaining to
sight distance visibility for monument-type signs and/or
wall and fence locations.
2. That any proposed freestanding sign(s) on subject property
shall be a monument-type limited to either:
(a) One (1) sign, a maximum of eight (8) square feet in
area and a maximum of eight (8) feet in height, if
located at the corner of Lemon Street and Santa Ana
Street; or
(b) Two (2) signs (one facing Lemon Street and one facing
Santa Ana Street) a maximum of four (4) square feet
each in area and not exceeding eight (8) feet in
height. In lieu of monument-type signs, subject
sign(s) may be attached to, and parallel with, the
proposed masonry block walls adjacent Lemon Street and
Santa Ana Street.
The sign copy shall be limited to the street address
and the business name.
3. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 1367
(to establish an outdoor recreational vehicle storage area)
to the Zoning Division.
4. That the legal property owner shall be responsible for the
removal of any on-site graffiti within twenty four (24)
hours after its application.
5. That at least one (1), minimum fifteen
tree shall be planted for every twenty
street frontage along Santa Ana Street
with appropriate irrigation facilities
maintained. The existing landscaping,
refurbished.
(15) gallon-sized,
(20) linear feet of
and Lemon Street,
being installed and
if retained, shall be
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 block walls facing Lemon Street and
Santa Ana Street to prevent graffiti opportunities. Said
plants shall be maintained with an automatic watering
system.
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7. That the sorting and transfer of tree trimming debris shall
be limited to debris retrieved in the normal operation of
the subject tree trimming service with no further on-site
processing permitted.
8. That subject property shall be developed 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 construction of a six (6) foot high
block wall along Lemon Street and Santa Ana Street.
9. That outdoor storage of materials (including tree trimming
debris) shall not exceed the height of the required
perimeter fencing.
10. That tree trimming debris shall not be allowed to compost on
site.
11. That a solid gate shall be installed in the driveway(s)
along Lemon Street and Santa Ana Street. Said gates shall
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 two-way radio communication system shall
be used for opening gate between 8 a.m. and 4 p.m.
12. That Condition Nos. 1, 2, 3, 5, 6, 8 and 11, above-
mentioned, shall be completed within a period of ninety (90)
days from the date of this resolution.
13. 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.
14. That this Conditional Use Permit shall expire and the use
hereby authorized shall terminate August 10, 2000.
15. That the property owner shall be responsible for the cost of
monthly Code Enforcement inspections for a period of one (1)
year to ensure continuous compliance with the conditions of
approval.
16. That the property shall be subject to monthly inspections by
the Code Enforcement Division to assure compliance with all
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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.
"17. That all vehicles pertaining to this business shall be
parked on-site in designated parking spaces and that the
public streets shall not be utilized for any parking related
to this business.
18. That the owner of the subject property shall submit a letter
requesting termination of Conditional Use Permit No. 4093
(to permit a contractor's storage yard).
19. That within sixty (60) days of the date of this resolution,
minimum 1-gallon clinging vines shall be re-planted on
maximum 3-foot centers adjacent to the block walls facing
Lemon Street and South Street."
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 10th day of
August , 19~_.
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AYOR OF T CITY OF ANAHEIM
ATTEST:
C Y CLER OF T E CITY OF ANAHEIM
32065.1
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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. 99R-173 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 10th day of August 1999, by the following vote of the members
hereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
173 on the 10th day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 10th day of August, 1999.
CI CLERK F THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-173 was duly passed and adopted by the City Council of the
City of Anaheim on August 10th, 1999.
CITY CLE K OF THE CITY OF ANAHEIM