66-637RESOLUTION NO. 66R -637
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 826.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from C. L. PHARRIS and GENEVIEVE B. PHARRIS, 18151 Charter Road,
Orange, California, to permit the excavation and removal of sand
and gravel to a depth of 75 feet, below the average natural ground
surface (approximately 153 feet above mean sea level, U.S. Coast
and Geodetic Survey), on the following described property situated
in the City of Anaheim, County of Orange, State of California, to
wit:
Parcel 1.
That portion of Lot 2 in Block "K" of the Kraemer Tract,
in the City of Anaheim, County of Orange, State of Cali-
fornia, as per map recorded in Book 12, Pages 87 and 88,
of Miscellaneous Records of Los Angeles County, California,
described as follows:
Beginning at a point on the easterly line of said Lot 2,
southerly 1155.00 feet from the northeast corner thereof;
thence westerly 628.65 feet at right angles; thence south-
erly 693.30 feet parallel with the easterly line of said
lot; thence easterly 628.65 feet at right angles to the
easterly line of said lot; thence northerly 693.30 feet
along said line to the point of beginning.
EXCEPT that portion thereof included within the following
described lines: Beginning at a point on the northerly
line of the land described in the deed to Shigeto Fukuda
recorded January 21, 1948 in Book 1618, Page 20, of
Official Records, westerly 11.35 feet from the Northeast
corner thereof; thence easterly 208.71 feet along said
northerly line and the easterly prolongation thereof;
thence southerly 208.71 feet parallel with the easterly
line of said land of Fukuda; thence westerly 208.71 feet
parallel with said northerly line; thence North 208.71
feet on a straight line to the point of beginning.
Parcel 2.
The easterly 11.35 feet of the southerly 315.00 feet of
that portion of Lot 2 in Block "K" of the Kraemer Track,
in the City of Anaheim, County of Orange, State of
California, as per map recorded in Book 12, Pages 87 and
88, of Miscellaneous Records of Los Angeles County,
California, described as follows:
Beginning at a point westerly 628.65 feet measured at
right angles from a point on the easterly line of said
lot, southerly 1155.00 feet from the northeasterly corner
of said lot; thence southerly 693.30 feet parallel with
the easterly line of said lot; thence westerly 691.35 feet
parallel with the northerly line of said lot to the west-
erly line of said lot; thence northerly 693.30 feet along
said westerly line; thence easterly 691.35 feet parallel
with the northerly line of said lot to the point of
beginning.
EXCEPT that portion thereof included within the following
described lines: Beginning at a point on the northerly
line of the land described in the deed to Shigeto Fukuda
recorded January 21, 1948 in Book 1618, Page 20, of
Official Records, westerly 11.35 feet from the northeast
corner thereof; thence easterly 208.71 feet along said
northerly line and the easterly prolongation thereof;
thence southerly 208.71 feet parallel with the easterly
line of said land of Fukuda; thence westerly 208.71 feet
parallel with said northerly line; thence North 208.71
feet on a straight line to the point of beginning.
Parcel 3.
The northerly 378.00 feet of that portion of Lot 2 in
Block "K" of the Kraemer Tract, in the City of Anaheim,
County of Orange, State of California, as per map recorded
in Book 12, Pages 87 and 88 of Miscellaneous Records of
Los Angeles County, California, described as follows:
Beginning at a point westerly 628.65 feet measured at
right angles from a point on the easterly line of said
lot, southerly 1155.00 feet from the northeasterly corner
of said lot; thence southerly 693.30 feet parallel with
the easterly line of said lot; thence westerly 691.35
feet parallel with the northerly line of said lot to the
westerly line of said lot; thence northerly 693.30 feet
along said westerly line; thence easterly 691.35 feet
parallel with the northerly line of said lot to the point
of beginning.
EXCEPT that portion thereof lying westerly of the easterly
line of the easement conveyed to the County of Orange by
deed, recorded March 30, 1927 in Book 31, Page 182, of
Deeds.
Parcel 4.
That portion of Lot 2 in Block "K" of the Kraemer Tract,
in the City of Anaheim, County of Orange, State of Cali-
fornia, as per map recorded in Book 12, Pages 87 and 88,
of Miscellaneous Records of Los Angeles County, California,
described as follows:
Beginning at a point on the northerly line of the land
described in the deed to Shigeto Fukuda, recorded January
21, 1948 in Book 1618, Page 20, of Official Records, west-
erly 11.35 feet from the northeast corner thereof; thence
easterly 208.71 feet along said northerly line and the
easterly prolongation thereof; thence southerly 208.71
feet parallel with the easterly line of said land of
Fukuda; thence westerly 208.71 feet parallel with said
northerly line; thence North 208.71 feet on a straight line
to the point of beginning.
Parcel 5.
That portion of Lot 2 in Block "K" of the Kraemer Tract,
in the City of Anaheim, County of Orange, State of Cali-
fornia, as per map recorded in Book 12, Pages 87 and 88,
of Miscellaneous Records, in the office of the County
Recorder of Los Angeles County, California, described
as follows:
Beginning at the northeast corner of said Lot 2; thence
westerly 660.00 feet along the northerly line of said Lot
2; thence southerly 1155.00 feet parallel with the east-
erly line of said Lot 2; thence easterly 660.00 feet
parallel with said northerly line to said easterly line;
thence northerly 1155.00 feet along said easterly line
to the point of beginning.
EXCEPT the West 10.00 feet for road purposes.
ALSO EXCEPT that portion thereof lying northerly of the
southerly line of the land described in the deed to the
Orange County Flood Control District, recorded December 5,
1958 in Book 4506, Page 200, of Official Records.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on May 23, 1966, notices of which said public
hearing were duly given as required by law and the provisions
of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, in-
vestigation 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. 2056, Series 1965 -66,
granting Conditional Use Permit No. 826 permitting the excava-
tion and removal of sand and gravel to a maximum depth of 175
feet above sea level (53 feet), on the property hereinbefore
described, subject to certain conditions set forth in said
resolution; and
WHEREAS, thereafter, within twenty -two (22) days from
the date of the adoption of said resolution, the City Council
did elect, upon its own motion, to review the action of the
City Planning Commission in granting said conditional use permit
and did thereupon fix the 5th day of July, 1966, as the time and
the Council Chamber in the City Hall of the City of Anaheim as
the place for a public hearing upon said conditional use permit,
and notices of such public hearing were duly given as required
by law and the provisions of Title 18, Chapter 18.76 of the
Anaheim Municipal Code; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did continue
said hearing to a later date; and
WHEREAS, the City Council finds, after careful con-
sideration of the recommendations of the City Planning Commis-
sion and all evidence and reports offered at said hearings,
that:
1. That proposed use is properly one for which a
conditional use permit is authorized by the
Anaheim Municipal Code.
2. That proposed use will not adversely affect the
adjoining land uses and the growth and development
of the area in which it is proposed to be located.
3. The size and shape of the site proposed for the
use is adequate to allow the full development of
the proposed use in a manner not 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 the 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 not 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
Commission granting said conditional use permit be, and the
same is hereby sustained, and that Conditional Use Permit No.
826 be, and the same is hereby, granted permitting the excava-
tion and removal of sand and gravel to a depth not exceeding
175 feet above mean sea level (U. S. Coast and Geodetic Survey),
on the property hereinbefore described, subject to the follow-
ing conditions:
1. That the excavation of any portion of the real
property hereinbefore described shall not exceed
a depth of 175 feet above mean sea level (U.S. Coast
and Geodetic Survey).
2. That any existing excavation on the real property
hereinbefore described, as such excavation exists
on the effective date of this resolution, which
has been excavated to a depth below 175 feet above
mean sea level (U. S. Coast and Geodetic Survey)
shall be filled to the aforementioned 175 feet with
clean sand, the quality of which sand shall be
approved by the City of Anaheim. Said refilling
shall be accomplished within 180 days of the
effective date of this resolution.
3. That the owners of subject property shall pay to
the City of Anaheim the sum of $2.00 per front foot,
along Miller Street, for the northerly 965 feet only,
for street lighting purposes, which amount shall be
paid prior to the issuance of a building permit
or within a period of 180 days from date hereof,
whichever occurs first, unless further time is
granted by the City Council.
4. That this conditional use permit is granted subject
to the completion of Reclassification Proceedings
No. 61 -62 -69 now pending on subject property with-
in a period of 180 days from date hereof (October 4,
1966), unless further time is granted by the City
Council.
ATTEST:
5. That a berm, planted with perennial plants and
screen landscaping, approved by the City, shall be
installed along the north, west and south boundaries
of subject property, as indicated on Exhibit "A" on
file with the City of Anaheim; provided, however,
that the landscaped berm shall be interrupted and
set back at the entrance to adequately screen from
view the sand pit operations.
6. That a written agreement shall be entered into by
the property owners providing for the installation
of irrigation facilities and the maintenance of the
landscaping in a manner satisfactory to the City
of Anaheim, and providing, further, that if the
landscaping is not maintained in a satisfactory
manner, the City may maintain said landscaping
and charge the cost of said maintenance to the
property owners. Said agreement shall be binding
upon the heirs, successors and assigns of the
property owners, and shall be recorded in the Office
of the Orange County Recorder and become a covenant
running with the land.
7. Except as modified by the conditions set forth in
this resolution, all conditions of Conditional Use
Permit No. 488 governing the aforementioned Pharris
property shall continue in full force and effect;
and in addition the provisions of Chapter 17.20 of
the Anaheim Municipal Code shall be applicable to
the property described herein.
That Conditions Nos. 5 and 6 above mentioned shall
be complied with within a period of 90 days from
date hereof, or such further time as the City Council
may grant.
The City Council hereby reserves
such conditional use permit for good cause
owners, their heirs, successors or assigns
the Anaheim Municipal Code and regulations
herein.
THE FOREGOING RESOLUTION is approved and signed by
me this 4th day of October, 1966.
LPL/ i
C Y C RK OF THE CITY OF ANAHEIM
the right to revoke
or failure of said
to comply with
and the conditions
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 Resolution No. 66R -637 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 4th day of October,
1966, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Pebley, and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Chandler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed. said Resolution No. 66R -637 on the 4th day of
October, 1966.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 4th day
of October, 1966.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 66R -637 duly passed and adopted by the Anaheim City Council on
October 4, 1966.
City Clerk