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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 -2- 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