Resolution-PC 2003-148. •
RESOLUTION NO. PC2003-148
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3790 UNTIL OCTOBER 17, 2005,
AND AMENDING CERTAIN CONDiTIONS OF APPROVAL OF RESOLUTION NO. PC95-120, AS
AMENDED BY RESOLUTION NOS. 2001 R-98 AND 2002R-114,
ADOPTED THEREWITH
WHEREAS, on September 18, 1995, the Anaheim City Planning Commission did, by its
Resolution No. PC95-120, grant 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 Anaheim City Council did, by its Resolution No. 2001 R-98,
amend 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 wouid
expire in six months on October 17, 2001); and
WHEREAS, on June 4, 2002, the City Council did, by its Resolution No. PC2002R-114,
reinstate this conditional use permit for a period of two years until October 17, 2003, including amending the
conditions of approval; and
WHEREAS, the property is developed with a tree service contractor's yard (B and J's Tree
-Serviee) in the M~ (Lirnt~ect ~nd~sf~ia~} Zone; and fhat tk~e A~ak~ef~-General Plan designa~es ~he pFOperty #or
General Industrial land uses; and
WHEREAS, under authority of Code Section 18.03.093 the petitioner has requested
reinstatement of this use permit, including modifying or deleting the condition of approval pertaining to a time
limitation, to retain a tree service contractor's yard with a modular office building; and
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 3, 2003, 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 amendment 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;
1. That reinstating the approved use, including amending the conditions of approval, is
authorized by the Zoning Code and is necessary to permit reasonable operation of this tree sesvice business.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal 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.
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
Tracking No. CUP2003-04775
CR\PC2003-148.doc -1- PC2003-148
~ ~
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit 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.
8. That no one indicated their presence at the public hearing in opposition to the request; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a tree service contractor's yard with a modular office
building; and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 3790 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 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 received 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 amend the conditions of approval, in their entirety, of Resolution No. PC95-120 as amended by
Resolutions Nos. 2001 R-98 and 2002R-114 and adopted in connection with Conditional Use Permit No.
3790, ta read as #ollows: -- -
1. That this conditional use permit shall expire in two (2) years on October 17, 2005.
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 thirty (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 that no further on-site processing shaA
be permitted.
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 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 p~operties 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 Recommendations' 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.
-2- PC2003-148
. ~
11. That no retail sales of firewood shall be permitted on-site.
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 Iocal 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 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.
16. That the on-site and off-site landscaping (adjacent to the west property line abutting the railroad tracks)
and the irrigation system shall be maintained in compliance with City standards and Revision No. 1 of
Exhibit No. 1 of Conditional Use Permit No. 3790. In the event that the off-site landscaping is removed,
revised landscaping plans shall be submitted to the Zoning Division for review and approval to show
adequate screening for 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 storage or other outdoor uses.
20. That within thirty (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 Revision No. 1 of Exhibit No. 1, 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.
THE FOREGOING RESOLUTION was adopted at the planning Commission meeting of
November 3, 2003. ~ n ~„
- v - t/wtlrLr.a..
RPERSON, ANAHEIM CITY PLANNIN COMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-3- PC2003-148
~
~
I, Pat Chandler, Senior 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 November 3, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
_ IN WITNESS WHEREOF, I have hereunto set my hand this ~!/~j ~ day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-148