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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 2 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. 3 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 4 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~_. r ~ ~~~ C~ ~ AYOR OF T CITY OF ANAHEIM ATTEST: C Y CLER OF T E CITY OF ANAHEIM 32065.1 5 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