2120FOLLOWS,.
ORDINANCE NO. 2120
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18, CHAPTER 18064, SECTION 18.64.020(4)
OF THE ANAHEIM MUNICIPAL CODE; AND AMENDING
TITLE 17,, OF SAID ANAHEIM MUNICIPAL CODE BY,
ADDING A NEW CHAPTER THERETO TO BE NUMBERED
17.20.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1
That Title 1.8, Chapter 18064, Section 180640020,
Paragraph (4) of the Anaheim Municipal Code be, and the same
is hereby amended to read as follows
"CHAPTER 18064 CONDITIONAL USES
"SECTION '.18.64020 USE.
11(4) The following uses may be permitted in an 'R -A' or any
'M' Zone, subject to a conditional use permit, provided
that no conditional. use permit shall be required in any
zone in which such use is specifically and uncondition-
ally permitted°
(A) Borrow pits to a depth of over three (3) feet.
(B) Concrete batching or mixing of portland cement or
asphaltic concrete.
(C) Dumps.
(D) Excavation, processing, storage, wholesaling and
distribution of sand, gravel, and other non -fuel
minerals (including the following accessory and
incidental uses° office, residential quarters
for caretaker only, and weighing station), subject
to the provisions of Chapter 17020 of the Anaheim
Municipal Code, except as such provisions may be
modified pursuant to this Chapter.
(E) Explosives, storage of.
(F) Refuse, disposal or transfer of.
(G) Sewage treatment plants.
SECTION 20
That Title 17 of the Anaheim Municipal Code be, and the
same is hereby amended by adding a new chapter thereto to be num-
bered 17°20, reading as follows -
"CHAPTER 17.20 EXCAVATION AND RECOVERY
OF NON -FUEL MINERALS
"SECTION 1 7 200010 FINDING OF FACT.
"(1) This Chapter is intended to promote the orderly utili-
zation of non -fuel minerals. The City Council finds
that the excavation and recovery of the City's non -
fuel minerals in an orderly and efficient manner is
essential to the future growth and development of the
Be-
County's urbanizing areas. These resources are found
to be essential to the community's economic health and
vital to the preservation of its growth potential.
"(2) The City Council further finds that the following site
development standards are necessary to preserve the
community health, safety and general welfare; to main-
tain and secure an adequate, regular and constant
supply of water in the underground water supplies of
the community and to assure the community of a future
supply of water for domestic, industrial and agricul-
tural uses,, to promote functional compatibility of
uses, to maintain and enhance the locally recognized
values of community appearance, to promote the safe
and efficient circulation of traffic, and to mutuall
insure the non -fuel minerals industry and the community
against possible nuisances or hazards resulting from
industrial uses.
"(3) The City Council, further finds that the purpose of said
site development standards is to encourage the excava-
tion and recovery of non -fuel minerals in such a manner
as not to adversely affect the growth and development
potential of adjoining lands.
"SECTION 17,,20,,020 CONDITIONAL USE PERMIT. The 'excavation,
processing, storage, wholesaling and distribution of sand,
gravel and ether non -fuel minerals may be permitted, subject
to obtaining a Conditional Use Permit as specified in Chapter
18064 of the Anaheim Municipal, Code.
The site development standards of Section 170200030 shall
apply, unless specific exceptions are granted in conjunction
with a Conditional Use Permit, by specific resolution.
"SECTION 17,20,..030 SITE DEVELOPMENT STANDARDS.
"(1) Upon application for a Conditional Use Permit as pro-
vided in Chapter 18064, a plan of the proposed location
and ultimate area of excavation or open pit shall be
submitted to the Coity Planning Commission for its con-
sideration.,
"(2) Minimum Lot Area, Each lot or parcel shall have a
minimum area o. five (5) acres; provided, however,
that this provision shall be deemed to be complied
with where a parcel has less area and was of record
on April 1, 1965,
"(3) Building and Structural Setbacks. The following
building and structural setback requirements shall
apply
(A) An open setback area having a minimum width of
fifty (50) feet, as measured from the planned
right-of-way Line, shall be provided at all points
where the property abuts any street or highway,
(B) An open setback area having a minimum width of
fifty (50) feet shall be provided at all points
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11
where the property abuts adjacent property, except
where the adjacent property is devoted to excava-
tion of non -fuel minerals. Said setback shall be
measured from the abutting property line,
(C) Excavation of non -fuel minerals shall be subject
to the provisions of Section 17.20.030(10)0
"(4) Lan�dscs.�eninggThe following areas shall be planted
wevergreen trees and bushes providing effective
screening, -
(A) The. front 20 feet of setback areas abutting streets
and highways
(B) The front 25 feet of setback areas abutting resi-
dential zones
(C) The front 10 feet of setback areas abutting com-
mercial and :industrial zones
(D") No landscaping shall be required in areas abut-
ting property in use as provided in this chapter.
"(5) Maxi.muar. Building height
(A) The maximum height, of any building shall be two
stories, plus roof structures.
,B) The; maximum height of any other structure shall
be equivalent to one-half the distance of said
structure from the nearest boundary of any
residential zone,
(C) All heights shall be measured from original
natural grade level,
"(6)Parking A number of off-street parking spaces adequate
to accommodate all em.plovee and customer vehicles shall
be provided on the premises.
I'M Noise and Vibration Control_ All equipment and premi-
ses t'F_e_con uct o permitted uses shall be con-
structed:, maintained and operated in a manner eliminating
noise or vibration injurious or annoying to persons
living in the vicinity,, Internal combustion engines
shall be equipped at all times with exhaust mufflers
in good wording condition to control excessive or
unusual noise.
1(8) Air Pollution Control. All operations shall be conduc-
t�ce in comp i.ance with all. the requirements of the
Orange County Air Pollution Control District as adopted
and amended from time to time.
"(9) Dust Control. All private truck roads connecting
quarries, processing plants, or stock piles shall be
sprinkled with water or shall be oiled or surfaced
with asphalt or similar material, in order to prevent
the creation of dust„
m3=
T
"(10) Cuts or Slopes and Excavations -
(A) Cuts or Slopes, Production from an open pit
s e permitted to the extent that the finished
cut or slope is stable for the specified soil
condition in the area of excavation. The con-
sideration of stability of slope must recognize
high ground water levels which may exist from
time tc time In the interests of public safety
and welfare, a thorough soils engineering inves-
tigation and complete report of the findings
shall be required where it is proposed to excavate
within ftve-hundred '500) feet of the right-of-way
of the Santa Ana River, Such an investigation
shall be conducted by an approved soils engineer
retained by and at the expense of the operator of
the activities Dn the subject property. The soils
report shall Include, but not necessarily be
limited to, specifying composition and character-
istics of native soils, certification as to the
stability and acceptability of existing or pro-
posed cuts cr slopes,, Additionally, the City
Engineer may require such a report relative to
an operating pit, where he has reason to believe
that finished curs or, slopes are unstable. Where
cuts siope_,i are determined to be unstable, the
C1.,tY Engineer may cause the production from any
open pit to, "STOP,'" with immediate remedial action
to be taken by the operator of the activities to
stabilize ,uts or slopc;s,
(B) Excavation
1, When granting a Conditional Use Permit, the
City may impose such conditions upon the
excavation of non -fuel minerals as are deemed
necessary, Prior to any excavation, a plan of
the proposed location and ultimate area of
open pit shall. be submitted to the City Engineer
for his approval, Approval of such a plan shall.
constitute authorization to excavate in accord-
ance with the conditions of this chapter, and
of the Conditional Use Permit,
2. Any owners of land, lessees, or other persons
or, entities who shall hereafter excavate any
materials from any properties, as provided in
this Chapter, shall assume any and all damages
and shall thereby expressly waive any and all
claims or demands for damages which may accrue
to the excavation equipment, property, or
operations carried on in connection with said
excavation, by reason of the existence of, or
the rise or change in elevation of., the ground
water elevation which results in the inunda-
tion or partial inundation thereof, and which
existence, rise or change of water elevation
is occasioned by water spreading or ponding
activities carried on by the Orange County
Flood Control District or the Orange County
Water District in the Santa Ana River or in
retarding basins, or water spreading basins
which conform to open set -back requirements of
Section 17,20,030(3) and slope requirements of
Section 17,20,030(10)-(B)-5.
3� Any owners of land, lessees or other persons
or entities who shall hereafter excavate any
materials from any properties, as provided in
this Chapter,, shall not be entitled, and shall
thereby expressly waive any and all right, to
enjoin, or to obtain an injunction against the
spreading of water by the Orange County Water
District or the Orange County Flood Control
District from retarding or spreading basins
constructed and maintained in the manner
referred to in Section 17,200030(10)-(B)-2.
4,, No material or liquids of any kind, except
those materials which originate on site, shall
be placed, stored or deposited in the excavated
area without the approval. of the City Council
of the City of Anaheim.
5, The minimum distance of any excavation activi-
ties from any property line or right-of-way
line of a, .flood control channel-, retarding
basin, or, water spreading basin, either exist-
ing or the preclse location of which has been
adopted by the Orange County Board of Super-
visors, or by the Board of Directors of the
Orange County Water District shall I be,
A. One-Bundred (1.00) feet at cuts or slopes
permitted in Section 17�,20.030(10)-(A)
above, or
B. Fifty X50) feet at three (3) foot horizon-
tal to one (1) foot vertical slopes or at
such slope as may be deemed stable as a
result of the soils engineering investiga-
tion and as permitted in Section 17,200030
(10),-A, above,
6. Excavations within five -hundred (500) feet of
the right-of-way of the Santa Ana River shall,
be undertaken only after the investigations
provided for in Section .17020.030(10)-(A)
above have been conducted, and such excavations
shall only be made upon such conditions and
limitations as the City Planning Commission and/
or City Council shall provide as a result of
such investigations,
7. No excavation activities shall be carried on
within fifty (50) feet of,,
A. Any common property line, unless the ad-
jacent property is in use for non -fuel
mineral operations,
B. The right-of-way line of any existing
street or highway,
C_, The proposed right-of-way line for any
street or highway shown on the General
Plan u Circulation Element "Arterial
Streets and Highways", as adopted and
amended from time to time.
"(1.1) Fencing. Prior to the commencement of any excavation
or tT - erectlon of any plant, a fence enclosing the
area of said excavation or said plant shall be construc-
ted in order to insure the public safety. Shops,
garages, warehouses, storage areas, offices, dwelling
units, and other areas which have not been excavated
and are not used by the plant, need not be fenced.
Said fence may be either of a steel, chain link or
of masonry type; and shall be six (6) feet in height
and shall, be located to the rear of required landscap-
ing,,
The bottom of said fence shall conform to the ground
surface so as to prevent any opening between it and
the ground surface exceeding four (4) inches. Gates
cf the same height as the fence shall be installed at
all points of vehicular or pedestrian ingress and
egress, Said gates shall be equipped with keyed locks
and shall be kept locked at all times when not in
regular use, Said fence, gates and locks shall be
maintained in good condition;
"1(12) Posting of Signs, Upon approval of a Conditional Use
Permit as provided in this chapter, the owner, lessee,
or operator of any such property may post signs indica-
ting that: the property may be used for the purposes
granted in said conditional. use permit.
Such signs shall be for the express purpose of notify-
ing surrounding property owners of said conditional.
use permit, and shall, be in accordance with signs
permitted in Chapter 18°62 of the Anaheim Municipal
Code. There shall be no limit to the number of such
signs, but the maximum size of each shall be four (4)
square feet.
"(13) Ingress Excess and Traffic Safety. Access roads to any
premises shall F—e-only at t p®t.s approved by the City
Engineer and shall be constructed on a 'level, with the
pavement of any public street or highway for a distance
of not less than eighty (80) feet therefrom, and said
eighty (80) feet shall be paved. Adequate sight dis�
tance shale be maintained for traffic safety as required
by the City Engineer.
"(14) Hours of Operation,
(A) Uses governed by this chapter shall be limited to
the following hours of operation, except as pro-
vided in Paragraph (B) below, When located --
10 Within 600 feet of residential zones, such
operations shall be limited to the hours of
6,00 A.,1Mo to 7;00 P.M„, Mondays through
Saturdays (including trucking operations).
2. When located more than 600 feet away from
residential zones, such operations shall be
limited to the hours of 6;00 A.M. to 10-.00
P,,M,,, Mondays through Saturdays (excluding
trucking operations).
(B) The above hours shall, prevail, except-.
1, Where required by public authorities;
20 Where work requires a continuous pour of con-
crete,
3, 'Where necessary due to public emergencies;
4� Where any necessary and reasonable repairs to
equipment are required.
5. Where the City in conjunction with the approval
of a Conditional Use Permit has, by resolution,
specified greater or lesser hours of operation.
11(1.5) Devel.o mmeen�s Review, In order. to preserve desirable
natural 7eatuires,�to assure adequate circulation, and
to protect the community .from health and safety hazards
resulting from improper development and use of these
lands, all development plans .shall, be ,subject to review
by the Development Review Committee of the Building and
Planning Departments. Where a question arises as to
the admini_tration of specific: sections of the Anaheim
Municipal Code; the Planning Commission shall hear the
matter at its next regular meeting. Appeals from the
decision of the City Planning Commission shall be to
the City Council in written form, stating the reasons
for said appeal
"(16) Street Dedication and Improvements. The following
requirementi, are intended—to re adequate provision
for public: utilities and services and vehicular and
pedestrian circulation, Where surrounding properties
are largely undeveloped for urban uses, or are in
agricultural zoning, the City Council may temporarily
waive the following requirements. Such request for
waiver shall accompany and be a part of any petition
for Conditional, Use Permit as required by Chapter 18.64.
Unless such request for waiver shall be granted by the
City, the following shall, be required -
(A) All required arterial streets and highways, local
streets, and alleys, which abut the subject
property shall. be dedicated to the full width
designated by City Standards and details as ap-
proved by the City Engineer and adopted by the
City Council, and by the Circulation Element of
the General. Plan "Highway Rights -of -Way" as
adopted and amended from time to time.
(B) All required street
shall. be installed
meat plans shall be
M
and pedestrian way improvements
and in good repair, or improve -
required to be prepared to City
of Anaheim standards and said improvements con-
structed, A Faithful Performance Bond in a
form approved by the City Attorney and in an
amount to be determined by the City Engineer may
be posted to assure the necessary construction,
which may include, but not necessarily be limited
to, excavation, curbs, gutters, sidewalks, pave-
ment,, drainage facilities or other engineering
requirement.
(C) Street light facilities shall be installed in ac-
cordance with the official street lighting plan
approved by the Director of Public Utilities, or
street lighting fees, in the amount specified by
the City Council for any abutting street or highway,
shall be paid to the City of Anaheim for the instal-
lation of said street lighting.
(D) Public utility easements necessary to serve the
subject property andlor area in which the subject
property is situated shall be dedicated to the
City of Anaheim in accordance with the requirements
of the Utilities Director,
(E) Street tree fees in the amount specified by the
City Council for any abutting street or highway
shall be paid to the City of Anaheim for the fur-
nishing and planting of said trees. Where fully
concreted parkways are developed, tree wells shall
be installed as required by official parkway develop-
ment standards,
The Building Inspector shall not grant final
release nor issue a final certificate of occupancy
to any structure or building constructed upon
any property covered by this ordinance until the
City Engineer has certified to the compliance
withconditions, if' required, set forth in (A)
and (Bl above,; the Utilities Director has certi-
fied to the, compliance with conditions, if re-
quired set forth in (C) and (D) above; and the
Director of Public Works has certified to the
compliance with conditions, if required, set
forth in (E) above,
SECTION 3
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within fif-
teen (15) days after its adoption, in the Anaheim Bulletin, a
newspaper of general circulation, printed, published and circula-
ted in said City, and thirty (30) days from and after its final,
passage iL shall. take effect and be in full force,
this
THE FOREGOING ORDINANCE is approved and signed by me
9th day of _ March , 19 65
HOF ANAHEIR
g��E3T- OR 07. VVILLIP�IAS, CITY CLERK
BY C
CITY CLERK OF THE CITY OF ANAHEIM
Mol
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Ordinance
No. 2120 was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 2nd
day of March, 1965, and that the same was duly passed
and adopted at a regular meeting of said City Council
held on the 9th day of March, 1965, by the following
vo e of the members thereof:
AYES% COUNCILMEN% Pebley, Dutton, Schutte, Krein and Chandler
NOES% COUNCILMEN: None
ABSENT% COUNCILMEN% None
AND I FURTHER CERTIFY that the Mayor of the City
ci Anaheim approved and signed said Ordinance No. 2120 -
on the 9th day of March, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand
and afixed the official seal of the City of Anaheim
this 9th day of March, 1965.
DENE M. WILLIAMS, CITY CLERK
BY C5�/")'/. d -G �r d%DEPUTY
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I lAr,hS, CITY CLE,,X CTHE C!TY„MjjE i'V
3Y R I I rI'AI Tip
ANAHEIM, BOLLETIN
r