1967-387
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RESOLUTION NO. 6711-387
A RESOLUTION OF THE CITY COt1NCIL OF THE
CITY OF ANAHEIM GRANTING COI'DITIONAL USE
PERMIT NO. 927
WHEREAS, the City Planning ~ommission of the City of
Anaheim did receive an application fqr a Conditional Use Permit
from Tierro De Oro, a Lim~ted Partne~ship, 415 West Fourth
Street, Tustin, California, to permi~ the excavation and removal
of sand and gravel (Section 18.64.020(4-d) of the Anaheim Munici-
pal Code) from the following describ~d property situated in the
City of Anaheim, County of Orange, state of California, to wit:
Lots 18, 19 and the North 109.41 feet of Lot 22, all in,
Block 36, of the Yorba Linda Tract, in the City of Anaheim,
County of Orange, State of Califo~nia, as per map recorded
in Book 5, pages 17 and 18, of Miscellaneous Maps, in the
office of the County Recorder of siaid County.
EXCEPT that portion thereof lying northerly of a line which
is parallel with and southerly 353.00 feet from the center
line of the street (now known as Walnut Street) adjoining
said Lot 18 on the North, as shown on said map.
ALSO EXCEPT therefrom the East 39.79 feet of said Lot 18.
ALSO EXCEPT therefrom the East 789.79 feet of the North
379.60 feet of said Lot 19.
ALSO EXCEPT therefrom the East 764.79 feet of that portion
of said Lot 19 lying southerly of the northerly 379.60
feet of said Lot 19.
ALSO EXCEPT therefrom the East 764.79 feet of the North
109.41 feet of said Lot 22.
AND WHEREAS, the City Plann~ng Commission did hold a
public hearing at the City Hall in t~e City of Anaheim upon
said application on Marf 13 , 19-2L-, notices of which
said public hearing were uly given .s requrred by law and the
provision. of Title 18, Chapter 18.76 of the Anaheim MUnicipal
Code; and
WHEREAS, said Commission, a~ter due inspection, inves-
tigation and studies made by itself .nd in its behalf and after
due consideration of all evidence and reports offered at said
hearing did adopt its Resolution No. PC6~-~5 ~~
~T~nT-inq Conditional Use Permit No. 2, subject to the
conditions therein set forth ; and
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WHEREAS, thereafter, within twenty-two (22) days from
the date of the adoption of said res~lution, a written appeal
was filed with the City Council protesting the action of the
City Planning Commission in qrantinq said Conditional
Use Permit and said appeal was set fo~ public hearing on
~Ttl lR , 19 67 ,at the Oity Hall, in the City of
Ana e m, and notices of such public ~ring were duly given as
required by law and the provisions of Title 18, Chapter 18.76
of the Anaheim MUniCipal Code; and
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WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hear-
ing and did give all persons interested therein an opportunity
~ to be heard and did receive evidence and reports; and
WHEREAS, the City Council finqs, after careful con-
sideration of the recommendations of the City Planning Commis-
sion and all evidence and reports offer~d at said hearing, that:
1. The proposed use is properly Qne for which a
conditional use permit is authorized by the
Anaheim Municipal Code.
2. The proposed use will not adv~rsely affect the
adjoining land uses and the g~owth and development
of the area in which it is prQPosed to be located.
3. The size and shape of the sit~ proposed for the
use is adequate to allow the ~ull devplopment of
the proposed use in a manner ~ot detrimental to
the particular area nor to the peace, health,
safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon tne streets and high-
ways designed and improved to carry the traffic in
the area.
5. The granting of the conditional use permit under
the conditions imposed will n~t be detrimental to
the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning Commis-
ssion in 96antinq said conditional use permit be, and the
same is here y susjaiped , and that Conditional Use Permit
No. 927 be, an the same is hereby, granted permitting
the excavation and removal of sand and gravel from the property
hereinbefore described (Section 18.64.020(4-d) of the Anaheim
l~nicipal Code), subject to the following conditions:
1. That the owner of subject property shall deed to
the City of Anaheim a strip of land 32 feet in width,
from the center line of the street, along Richfield
Road, for street widening purposes.
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2. (a) That all engineering requirements of the City of
Anaheim along Richfield Road, including preparation
of improvement plans and installation of all
improvements, such as curbs and gutters, sidewalks,
street grading and paving, drainage facilities, or
other appurtenant work shall be complied with as
required by the City Engineer and in accordance with
standard plans and specifications on file in the
Office of the City Engineer; and (b) that a bond in
an amount and form satisfactory to the City of Anaheim
shall be posted with the City to guarantee the instal-
lation of said engineering requirements.
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3. That the owner of subject p~operty shall pay to the
City of Anaheim the sum of $2.00 per front foot,
along Richfield Road, for street lighting purposes.
4. That the owner of subject property shall pay to the
City of Anaheim the sum of 159 per front foot,
along Richfield Road, for tree planting purposes.
5. That a parcel map to record, the approved division
of subject property shall be submitted to the
City Council for approval, and then recorded in
the Office of the Orange County Recorder.
6. That subject property shall be developed in accor-
dance with site development standards specified in
Chapter 17.20 (Excavation and Recovery of Nonfuel
lIinerals) of the Anaheim JYlunicipal Code, except as
specifically waived.
7. That a solid strip of dense landscaping consisting
of cultivated plant materials, of a minimum height
of six (6) feet, shall be provided along the north
and east property lines to screen adequately the
sand and gravel operation from view; that said
landscaping shall include adequate irrigation
facilities, including hose bibbs, etc., for the
maintenance of said landscaping; that any land-
scaping exhibiting signs of deterioration shall be
replaced, in order to retain the dense appearance
needed for adequate screening of the pit operations;
and that said dense appearance of the landscaping
shall be effective within a period of three (3)
years from date hereof, as a condition of use of
the property.
8. That Conditions Nos. 1, 2(b), 3, 4 and 5, above--
mentioned, shall be complied with within a period
of 180 days from date hereof, or such further time
as the City Council may grant.
9. That this operation shall comply with all regulations
of the Air Pollution Control District, and that the
piling of any material on the premises shall be done
and maintained in such manner as not to create dust
that would be detrimental to the surrounding
properties.
10. That this conditional use permit is granted subject
to the completion of Reclassification Proceedings
No. 65-66-24 now pending.
11. That the excavation of any portion of the real
property hereinbefore described shall not exceed
a depth of 191 feet above mean sea level ( U. s.
Coast and Geodetic Survey).
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12. That the most northerly limits of the excavation
shall be no closer to La Palma Avenue (Walnut
Street) than 400 feet from the center line of La
Palma Avenue.
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13. 'J.lhat no truck traffic assocliated with the operation
shall be routed north to La Palma Avenue (Walnut
street) via Richfield Road.
14. That a hold harraless agreement shall be recorded
in the Office of the Orange County Recorder to
insure that the petitioner will indemnify and
save harmless the Orange Copnty Water District from
any claims, demands and cau~es of action which may
be made against it by any o~ the partners of
Tierro De Oro, or any of their respective heirs,
executors, administrators, legal representatives,
grantees, assignees or lessees, by virtue of the
maintenance and operation of a spreading basin
and storage of water westerly of subject property
by the said Orange County Water District.
15. That in order to retain stability of the soil and
prevent soil erosion, all c~ts and sloping shall
be maintained at all times along the west property
line at a3 to 1 ratio (3 feet horizontal to 1 foot
vertical), with the top of the sloping commencing
at a minimum of 110 feet from the west property
line, and a 1-1/2 to 1 foot ratio along the north
and east property lines; PROVIDED, HOWEVER, that
said slopes shall be maintained a minimum of 50 feet
from both the north property line and the west
right of way line of Richfield Road, as a condition
of use; and that said slopes shall be maintained
with natural material in order that any future
reuse of the excavation pit may be accomplished
with a minimum expenditure.
16. That prior to the extraction of any material from
subject property, all of the aforementioned condi-
tions shall have been fully met.
The City Council hereby reserves the right to revoke
such conditional use permit for good cause or failure of said
owner, its ~eirs, successors or assigns to comply with the
Anaheim Hunicipal Code and regulations and the conditions herein.
THE FOREGOING IillSOLUTION is approved and signed by
n~ this 18th day of July, 1967.
AT'J.'EST:
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T CLERK OF THE CITY OF ANM1EIM
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I, DED M. IIUUlSt City Clerk ',f the City of AIlaheI., do
hereby certify that the forepint Re..llatlo, .10. 67Rr-387 was introcluced
and adopt.. at a regular ..etll19 provided bt la., of the City Coun.c 11
.f the City of AnaMia, held on the 18th day of July, 1967, by the follow-
ing vote .f the .....ers thereof.
AYES a CQK:;IUllilh Dutton, Kreia, Sehutte, Chandler
and puley
NOSSs
CC8EIIJElh Roae
AISDT.
CQ:DI;I1.I&Ma Mone
AID I PUlntD. CERTIFY taat the ~YCJr of the City of AnaheI.
a~ed ud dgned .aid l..olution Mo. 671l~381 on the 18th day of July,
1967.
1)( IXTIE$$ .....OF, I have hereu.to set.., hand and affixed
the official ..al of tile City of AnaheI. thJ. 18th day of July, 1967.
,,0 )x'~'iR~
~ OF "CITY OF Dl
( SEAL)
I, DENE M. WILLIAMS, City Clerk ~f the City of Anaheta, do
hereby certify that the foregoing is the or~ginal of Resolution No.
67R-387 duly passed and adopted by the Anahei. City Council on July
18, 1967.
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