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Resolution-PC 2000-92l~ RESOLUTION NO. PC2000-92 ~~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2992 FOR ONE (1) YEAR TO EXPIRE JULY 31, 2001, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC88-85, AS ADOPTED AND AMENDED THEREWITH (CUP Tracking No. 2000-04236) WHEREAS, on March 28, 1988, the Planning Commission adopted Resolution No. PC88- 85 to grant Conditional Use Permit No. 2992, in part, and permit a contractor's storage yard at 507 South Lemon Street with waivers of minimum landscaped setback, required screening adjacent to a residential zone and required enclosure of outdoor uses (a fourth waiver was denied); and WHEREAS, on February 22, 1995, Commission adopted Resolution No. PC95-19 to approve revised plans to retain the previouSly-approved tree service contractor's yard; and WHEREAS, on January 22, 1996, Commission considered a city-initiated proposal to revoke or modify this use permit, and adopYed Resolution No. PC96-10 to modify certain conditions of approval to require monthly inspections by Code Enforcement for six months and allow the use until January 22, 1998; and WHEREAS, on March 16, 19'98, Commission adopted Resolution No. PC98-31 reinstating this use permit with a time limit to expire on January 22, 1999; and WHEREAS, on August 10, 1999, City Council adopted Resolution No. 99R-173 reinstating this Conditional Use Permit No. 2992; and that Condition No. 14 of said resolution specifies the following: 14. That this Conditional Use Permit shall expire and the use hereby authorized shall terminate August 10, 2000. WHEREAS, this property is developed vuith a tree service contractor's yard (Leonard Chaidez Tree Service) in the ML (Limited Industrial) zone; that the Anaheim General Plan Land Use Element designates this property for Low Density Residential land uses; and that the property is located in the Commercial/Industrial Redevelopment Area and in the proposed South Anaheim Boulevard Overlay Zone approved by Planning Commission on May 22, 2000, and currently pending before City Council; and WHEREAS, the petitioner requests reinstatement of this conditional use permit (which expires on August 10, 2000) to retain the tr~e service contractor's yard with waivers under authority of Code Section 18.03.093; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 31, 2000, 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 this proposal 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: CR4016PK.DOC -1- PC2000-92 ~ ~' 1. That the use, as reinstated and amended, is properly one for which a conditional use permit is authorized~by the Zoning Code. 2. That the use permit has been exercised in substantially the same manner as originally approved by the Commission. 3. That the use is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health and safety and general welfare. 4. That the proposed use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and that the petitioner has taken significant steps to comply with the conditions of approval, as evidenced by information provided by the Code Enforcement Division and discussed in the Staff Report to the Planning Commission, dated July 31, 2000, although the property still requires periodic inspections for condition compliance. 5. That the size and shape of the site for the use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. That the traffic generated by the proposal, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That no one indicated their presence at the hearing in opposition to the proposal; and that no correspondence was received in opposi~ion. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a tree service contractor's yard with waivers of minimum landscaped setback, required screening adjacent to a residential zone and required enclosure of outdoor uses on a rectangularly-shaped 0.56-acre property located at the southwest corner of Santa Ana Street and Lemon Street, with frontages of 213 feet on the south side of Santa Ana Street and 115 feet on the west side of Lemon Street, and further described as 507 South Lemon Street (Leonard Chaidez Tree Service); 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 finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 receive~ 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 reinstate Conditional Use Permit Na. 2992 for ane (1) year to expire July 31, 2001; and BE IT FURTHER RESOLVED that Commission does hereby amend, in its entirety, the conditions of approval of Resolution No. PC88-85, adopted in connection with Conditional Use Permit No. 2992 and amended by Resolution Nos. PC95-19, PC96-10, PC98-31 and 99R-173, to read as follows: 1. That the property shall be maintained in compliance with Engineering Standard No. 137 pertaining to sight distance visibility for monument-ty,pe signs and/or wall and fence locations. 2. That any proposed freestanding sign(s) on subject property shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item, and shall be limited to either: _2_ ~C2000-92 ~ ~ (a) One (1) monument-type sign, maximum eight (8) square feet in area and maximum eight (8) feet in height, if located at the corner af Lemon Street and Santa Ana Street; or (b) Two (2) signs (one facing Lemon Street and one facing Santa Ana Street), maximum four (4) square feet each in area, and maximum eight (8) feet in height. In lieu of monument-type signs, these two (2) sign(s) may be attached to, and parallel with, the masonry block walls along Lemon Street and Santa Ana Street. The sign copy shall be limited to the business name and street address. 3. That the legal property owner shall be responsible for the removal of any on-site graffiti within twenty four (24) hours after application. 4. That at least one (1), minimum fifteen (15) gallon-sized, tree for every twenty (20) linear feet of street frontage shall be maintained along Santa Ana Street and Lemon Street; and that appropriate irrigation facilities shall be provided and maintained. 5. 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 maintained adjacent to the existing masonry block walls along Lemon Street and Santa Ana Street to prevent graffiti opportunities. Said plants shall be properly maintained in a healthy condition, and an automatic watering system shall be provided and maintained. If said landscaping become diseased, dies or becomes otherwise unsightly, it shall be replaced in a timely manner. 6. That the sorting and transfer of tree trirrtming debris shall be limited to debris retrieved in the normal operation of the subject tree trimming seroice with no further on-site processing being permitted. 7. 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 Revision ~lo. 1 of Exhibit No. 1, including a six (6) foot high block wall along Lemon Street and Santa Ana Street. 8. That outdoor storage of materials (including tree trimming debris) shall not exceed the height of the required perimeter fencing. 9. That tree trimming debris shall not be allowed to campost on site. 10. (a) That the hours of operation shall be limited to 6:30 a.m. to 4:30 p.m., Mondays through Saturdays, and closed on Sundays. (b) That solid gates shall be maintained in the driveways along Lemon Street and Santa Ana Street. Said gates may 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 or a designated employee shall be responsible for opening the gates befinreen 8 a.m. and 4 p.m. 11. That this Conditional Use Permit shall expire one (1) year from the date of this resolution on July 31, 2001. 12. That the property shall be subject to monthly inspections by the Code Enforcement Division to ensure compliance with all applicable Codes and conditiorvs of approval, the cost of which inspections shall be reimbursed to the City by the property owner within thirty (30) days following receipt of monthly invoices. _3_ PC2000-92 ~ ~ 13. That all vehicles associated with this business shall be parked on-site in designated parking spaces; and that the public streets and adjacent properties (including the vacant property immediately south of this site) shall not be utilized for any parking or storage related to this business. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Z~oning 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. THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of July 31, 2000. AIRPERS RO TEMPORE, . NAHEIM CITY PLANNING COMMISSION ATTEST: ~ J010~ SEC TARY NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed arud adopted at a meeting of the Anaheim City Planning Commission held on July 31, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWIClC, KOOS IN WITNESS WHEREOF, I have hereunto set my hand this ~7~ day of , 2000. ~ SECR~TARY,/FI,NAHEIM CITY PLANNING COMMISSION lJ -4- PC2000-92