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96-010 RESOLUTION NO. 96R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3801. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a road-base materials processing and storage facility, including on-site concrete/rock crushing and stockpiling, with a large equipment storage and rental facility, and a commercial truck fabrication and assembly plant with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 90, PAGE 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.; and WHEREAS, the application requested a waiver of the following provisions of the Anaheim Municipal Code: Section 18.61.068.030 Minimum site enclosure and screenin~ requirements. (Required: no products or materials shall exceed the height of the minimum 6-foot high site screen enclosing the outdoor use; Proposed: 30-foot high stockpiled aqqre~ate materials enclosed by an 8- foot high chainlink fence interwoven with wood slats) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC95-145 granting Conditional Use Permit No. 3801; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find that, prior to the conduct of said public hearing, the applicant submitted a letter to the City Council withdrawing its application for said Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, based upon the written withdrawal of the conditional use permit application by the applicant, said conditional use permit be and the request to permit a road-base materials processing and storage facility, including on-site concrete/rock crushing and stockpiling, with a large equipment storage and rental facility, and a commercial truck fabrication and assembly plant on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of January, 1996. MAYOR OF THE CITY O~ANAHEIM ATTE~ CITY CLERK OF THE CITY OF ANAHEIM 15634.1\J%4H]TE\January 25, 1996 -- 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 96R-10 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23th day of January, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-10 on the 23rd day of January, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of January, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ~, I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 96R-10 was duly passed and adopted by the City Council of the City of Anaheim on January 23rd, 1996. CITY CLERK OF THE CITY OF ANAHEIM