94-276 RESOLUTION NO. 94R-276
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3714.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a road base processing facility with on-site rock crushing
and a temporary office trailer 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:
PARCELS 1 AND 2 IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A
MAP FILED IN BOOK 51, PAGE 4 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA; and
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. PC94-125 granting Conditional
Use Permit No. 3714, in part; 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, after careful
consideration of the action of the City Planning Commission and all
evidence and reports offered at said public hearing before the City
Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
1. That the proposed use will adversely affect the adjoining
land uses of the area in which it is proposed to be lpcated because
of the noise, vibration and dust which would be caused by the rock
crusher equipment and the daily traffic of big-rig and open-bed
trucks hauling concrete and asphalt to the site for crushing and
then hauling the crushed product away; and
2. That the traffic generated by the proposed use would
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area because the site is
directly east of Brookhurst Junior High School and the truck
traffic generated by the proposed project would cause undue traffic
congestion on Brookhurst Street and a significant and hazardous
increase in left turns from Brookhurst Street onto Gramercy Avenue;
and that such truck traffic would further be hazardous and in
conflict with the pedestrian traffic upon and across Brookhurst
Street and Gramercy Avenue which is generated from the adjacent
public school; and
3. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim for the reasons set forth in
paragraphs 1 and 2 above; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Section 18.61.068.030 - Minimum fence heiqht.
(Required: fence heiqht to equal or
exceed 25-foot high
rock crusher; Proposed: 7-foot hiqh
chain-link fence
interwoven with wood slats).
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the City
Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said conditional use permit be, and the same
is hereby, denied for the reasons hereinabove specified, and that
the request to permit a road base processing facility with on-site
rock crushing and a temporary office trailer 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 6th day of December,~ 1994.
MAYOR'F/THE CITY O~~M
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
9893.1\J~H~TE\December 12, 1994
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. 94R-276 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 6th day of December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor o~ the City of Anaheim signed said Resolution No. 94R-276 on
the 6th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 6th day of December, 1994.
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. 94R-276 was duly passed and adopted by the City Council of the City of Anaheim on
December 6, 1994.
~3iTY CLERK OF THE CITY OF ANAHEIM