Resolution-PC 2001-3~
RESOLUTION NO. PC2001-3
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 95-120
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3790
(CUP Tracking No. 2001-04296)
WHEREAS, on September 18, 1995 the Planning Commission adopted Resolution No.
PC95-120 to grant Conditional Use Permit No. 3790 and permit a tree service contractor's storage yard
with a modular office building and waivers of required screening of outdoor uses and minimum yard area
abutting a local street on property located at 1514 West Broadway; and
WHEREAS, this property is developed with a tree service contractor's storage yard (B and
J's Tree Service} in the ML (Limited, Industrial) zone; and that the Anaheim General Plan Land Use
Element designates this property for General Industrial land uses; and
WHEREAS, this is a city-initiated request by the Code Enforcement Division to modify or
revoke this conditional use permit under authority of Code Section 18.03.091 of the Anaheim Municipal
Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 3, 2001, at 1:30 p.m., notice of said public hearing having been duly
g~ven as c~c}ui~~d-by law and in accordanc~ with the provisio~s-of the Anaheim Municipal Code, Chapt~r
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations in connection therewith.
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 use is properly one for which a conditional use permit is authorized by the Zoning
Code.
2. That the use for which approval was originally granted has been so exercised so as to be
detrimental to the public health or safety, or so as to constitute a nuisance.
3. That modification of this use permit, including amending the conditions of approval, is
reasonably necessary to protect the public peace, health, safety or general welfare.
4. That the use, as conditioned herein, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
5. That the size and shape of the site for the use, as conditioned herein, is adequate to allow
full development of the use 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 use, as conditioned herein, witl not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
7. That amending this conditional use permit will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
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8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 21, as defined in the State of California Environmental Impact Report
(EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC 95-120, adopted in connection with Conditional Use Permit No. 3790,
to amend the conditions of approval of in their entirety, to read as follows:
That only equipment, trailers and vehicles incidental to the tree trimming business shall be stored on
this property.
2. That a maximum of seven (7) shipping containers and/or roll-off bins shall be maintained on-site.
That all site-screening materials shall be maintained free of tears, holes, rips, separations and/or
other damage.
4. That all existing barbed and razor wire visible to the public right-of-way (Broadway) or to the
residentially-zoned properties to the west shall be removed from the perimeter fencing, and that no
barbed or razor wire shall be permitted.
5. That the sor~irtg andfo~ ~Fansfer of tree trimming aFl~ dead plant debris shell be Iimited to debris
retrieved in the normal operation of the subject tree trimming service and no further on-site
processing shall be permitted.
6. That any tree trimming materials on-site shall not exceed the height of the required perimeter
fencing. ~
7. That any oil, fuel or fluid waste products shall be disposed of in compliance with Fire Department
and Orange County Health Care Agency regulations.
8. That no retail sale of firewood shall be permitted on-site.
9. That all major engine, equipment and truck repair and/or overhaul shall be prohibited at this
property; and that only oil changes and tune-ups shall be permitted and shall be limited to the hours
between 8 a.m. and 5 p.m.
10. That the property owner shall pay the cost of Code Enforcement Division inspections once each
month for the duration of this conditional use permit, or as deemed necessary by the city Code
Enforcement Division, to gain and/or maintain compliance with State and local statutes, ordinances,
laws or regulations.
11. That the existing chainlink gate shall remain unlocked and open during business hours to provide
vehicular and pedestrian access to required on-site parking.
12. 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 occurrence.
13. That the on-site landscaping and irrigation system shall be refurbished and maintained in
compliance with city standards and with Exhibit No. 1 of Conditional Use Permit No. 3790.
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14. That all existing mature landscaping shall be maintained and shall be immediately replaced in the
event that it becomes diseased or dies.
15. That plant debris incidental to the tree trimming service shall not be mulched nor allowed to compost
on-site. Plant debris shall be removed on a weekly basis and shall not be visible above the
enclosure fence line.
16. That signage shall be limited to existing and approved signs. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
17. That no required parking area shall be used for storage or other outdoor uses.
18. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable frorn adjacent streets or highways. Any trash storage area(s) that are visible off-
site (i.e., to the street, nearby properties and/or the railroad tracks} shall be protected from graffiti
opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically
shown on plans submitted to the or Planning Department and Public Works Department, Streets and
Sanitation Division, for review and approval.
19. That this conditional use permit shall expire six (6) months from the date of this resolution, on July 3,
2001.
20. 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, and as conditioned herein.
21. That Condition Nos. 1, 2, 3, 4, 6, 13, 17, 18 and 20, above-mentioned, shall be completed within a
period of thirty (30) days from the date of this resolution.
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:
THE FOREGOING RESOLUTION was adopted at tJ~ Planning Commission meeting of
January 3, 2001. ~ ~~ ~
CHAIRPLFtSQ1~d, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~~v ' ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim 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 January 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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