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2002-114RESOLUTION NO. 2002R -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 3790 FOR A PERIOD OF TWO YEARS TO EXPIRE OCTOBER 17, 2003 AND AMENDING AND RESTATING THE CONDITIONS OF APPROVAL THEREOF AS HERETOFORE SET FORTH IN RESOLUTION NO. 2001R- 98. 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. 2001R -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, Conditional Use Permit No. 3790 did expire, by its own terms, 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 for two more years and to allow the use of barbed wire visible to the 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 __ __7T _ 7 __ ....... WHEREAS, following said public hearing, the Planning Commission, did adopt its Resolution No. PC2002 -47 denying reinstatement of Conditional Use Permit No. 3790 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 June 4, 2002, notice of 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 area 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 in the recent past has not been 2 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 in the recent past has not been exercised in a manner not detrimental to the particular area and surrounding land uses; nor in a manner not detrimental to the public peace, health, safety and general welfare. 8. Notwithstanding Findings No. 6 and 7 above, the reinstatement of this conditional use permit only until October 17, 2003 is reasonably necessary to permit the applicant to discontinue or relocate such business to another location provided the applicant complies with each and all of the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3790, as most recently approved by Resolution No. 2001R -98, 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. 3790 as set forth in Resolution No. 2001R -98 be, and the same are hereby, amended and restated in their entirety, to read as follows: 1. That this conditional use permit shall expire, and the use approved hereby shall terminate, on October 17, 2003. 2. 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 revised site plan. Said items shall not be visible from off -site. 3. That plant debris incidental to the 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 30 days during the months of November through May. At no time shall any plant material or equipment be visible above the fence line. 4. 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 no further on- site processing shall be permitted. 3 5. 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. 6. That all site - screening materials shall be maintained free of tears, holes, rips, and separations. Said material shall be properly stretched, not faded and free from graffiti and any paint -out markings. 7. That all existing 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. 8. That any modifications to the fence or materials used for site screening shall be subject to approval by the Planning Commission as a Reports and Recommendation item. 9. That the tree trimming equipment shall not exceed the height of the required perimeter fencing. 10. That any oil, fuel or fluid waste products shall be disposed of in an approved manner. site. 11. That no retail sales of firewood shall be permitted on- 12. 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 be permitted between the hours of 8 a.m. and 5 p.m. 13. That the property owner shall pay the cost of Code Enforcement Division inspections once each month for the duration of this permit, or as deemed necessary by the City's Code Enforcement Division to gain and /or maintain compliance with State and local statutes, ordinances, laws or regulations. 14. That the existing chainlink gate shall be kept in good repair and shall remain unlocked and open during business hours to provide vehicular and pedestrian access to required on -site parking. 15. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 4 16. That the on -site and off -site landscaping (adjacent to the west property line abutting the railroad) and irrigation system shall be maintained in compliance with City standards and Exhibit No. 1, Revision No. 1 of Conditional Use Permit No. 3790 (CUP Tracking No. 2001 - 04353). In the event that the off -site landscaping is removed, revised landscape plans shall be submitted to the Zoning Division for review and approval for adequate screening from the residential properties to the west. 17. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 18. That signage shall be limited to existing and approved signs. Additional signage shall be subject to review and approval by the Planning Commission as a Reports and Recommendations item. 19. That no required parking area shall be used for outdoor storage uses. 20. That within 30 days from the date of this resolution, the petitioner shall submit a waste diversion and recycling plan to the Public Works Department, Streets and Sanitation Division for review and approval. Any trash and /or recycling containers stored on -site shall be located behind the office building and shall not be visible to the public right -of -way. 21. 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 Exhibit No. 1, Revision No. 1 of Conditional Use Permit No. 3790 (CUP Tracking No. 2001 - 04353) and as conditioned herein. 22. 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. 5 'TT THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of June, 2002. MAYOR OF THE CITY OF AA AHE ATTEST: CITY CLERV OF T CITY OF ANAHEIM 44960.1 C 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. 2002R -114 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of June, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait, Kring NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLER OF THE CITY OF ANAHEIM (SEAL)