PC 80-211RESOLUTION NQ. PCaO-211
A RESOLUTION OF THE APlANEIM CITY PLANNItJr, COt1MISSiON
THAT PETITION FOR CONDITtONAL USE PERMIT PIO. 2141 BE GRAMTED
WNEREAS, the Anaheim City Planning Commtssion did receEve a verified
Petition for Condit?onal Use Permit from ABBEY SERVICES CORPORATIOP7~ P. 0. Box 2950~
Newport Beach, California, 92660, owner, and GEORGE td. SEITZ, A!A ARCHITECT, INC.,
18023-A Sky Park Clrcle, irvine, California 92711E, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, descrthed as:
PARCEL 1: THOSE PORTIONS OF PARCELS 3 AND 4, AS SHOWtJ ON A MAP
FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, IPI THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWESTERLY CORNER OF SAl~ PARCEL 3, SAID POINT BEING Ot•!
THE EASTERLY LINE OF LEWIS STREET, AS SHOWN OPI SAID PARCEL MAP;
THENCE ALONG THE NORTH4•lESTERLY LINE OF SAID PARCEL 3, NORTH 72
DEGREES 23' 45" EAST 755.34 FEET Tb THE INTERSECTIOP! WITH A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 770.00 FEET, A RARIAL
LINE TO SAID POINT BEARS NORTH ~F2 DEGREES 39' S~" EAST; THENCE
SOUTHEASTERLY 8G.47 FEET ALOPJG SAID C~RVE, BEtti~ AlSO THE
SOUTH4IESTERLY LINE OF MAPJCHESTER AVENUE, THROUGH A CEP~TRAL ANGLE
OF 6 DEGREES 26' 03" TO A P01"1T 0~! SAID SOUTHI~IESTERLY LINE, A
RADiAL LINE TG SAID POIPlT BEARS NORTH 49 DEGREES 06' O1" EAST;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY LIiJE OF f1APICHESTER
AVENUE, THE FOLLQWItdG COURSES: NOR?'H 71 DEGREES 20' 45" EAST
17.38 FEET, 50UTti 40 DEGREES 50' 15" EAST 406.26 FEET AND SOUTH 71
DEGREES 3~~ 30" WEST 17.53 FEET TO THE IP!TERSECTIOF! IJITH A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,458 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 4g DEGREES 41~ 49" EAST; THENCE
SOUTH EASTERLY 3.5$ FEET ALONG SAID CURVE THROl1GH A CENTRAL ANGLE
OF 0 DEGREES 05' OQ" A RADIAL LINE TO SAID 1~01PJT BEARS NORTH ~+9
DEGREES 46' 49" EAST; THEtdCE LEAVING SAID SOUTN4IESTERLY LINE SOUTH
71 DEGREES 37' 45" IJEST 184.80 FEET; THENCE SOUTH 37 DEGREES 32'
16" EAST 230.00 FEET TO THE NORTHWESTERLY CORNER OF FARCEL 1 AS
SFIOWN ON A MAP FILED IN BOOK 19, PAf,E 38 OF SAID PARCEL MAPS;
THENCE ALONG THE SOUTHWESTERLY LINE OF PARCELS 1 AND 2~ AND THEIR
SOUTHEASTERLY PROLON~ATION, AS SH04!N ON SAID PARCEL MAP, SOUTH 18
DEGREES 22' 15" EAST 290.00 FEET TO THE MOST SOUTHEASTERLY CORNER
OF SAID PARCEL 4; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
PARCEL 4, SOUTH 71 DEGREES 37~ 45" WEST 332.78 FEET 70 THE
SOUTNWESTERLY CORNER THEREOF; THENCE CONTINUING ALONG THE
SOUTHEASTcRLY AND SOt1THWESTERLY LINES OF 5AiD AFaREMENTIONED
PARCEL 3, THE FOLLOWING COURSES: SOUTH 71 DEGREES 37~ 45" WEST
241.22 FEET, MORTH 18 DEGREES 22' 15" WEST 140.00 FEET~ SOUTH 7i
DEGREES 37' 45" WEST 287.54 FEET, NORTH !EO DEGREES 38~ 21" WEST
3.10 FEET, NORTH 40 DEGREES 41~ 20" WEST 182.95 FEET A`!D SOUTH 72
DEGREES 44' 40" WEST 109.93 FEET TO SAID AFOREP1ENTl~PJED EAST LINE
OF LEWIS STREET; THEPJCE ALONG SAtD EAST LINE~ BEING PARALLEI. WITH
AND QISTANT 2U.00 FEET EASTERLY MF.ASURED AT RIGHT ANGLES FROM THE
WESTERLY LINE OF SAID AFdREMENTIONED SOUTHEAST QUARTER OF
PC80-211
FRACTIONAL SECTION 26, NORTH i DEGREE 20' 00" 4lEST G89.g0 FEET TO
THE POINT OF BEGIPlNING.
EXCEPTIPJG THAT P~RTIOP~ OF LAPJD DESCRIBED AS FOLL041S: BEGINPJING AT
THE MOST SOUTHERlY CORNER OF SAID PARCEL 1E; THEtJCE ALONf, THE
SOUTHIlESTERLY APJD NORTN~dESTERLY L I PJES OF SA I D PARCEL, NORTH 18
DEGREES 2; ~ 05'~ WEST 130.90 FEET AND NORTFI 71 DEGREES 37~ !+5'~ EAST
332.74 FEET TO THE SOUTHt•JESTERLY LINE OF PARCEL 2, AS SHOblPJ ON A
MAP FILED IN BOOK 19, PAGE 38 OF SAID PARCEL MAPS~ THEPJCE ALONf
THE SOUTHWESTERLY LINE OF SAID PARCEL 2 AND ITS' SOUTHEASTEP,LY
PROLONGATIOP~, SOUTH 18 DEGREES 22~ 15" EAST 130.90 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL 4; THEPlCE ALONG THE
SOUTHEASTERLY LINE OF PARCEL 4, SOUTH 71 DEGREES 37' 45" WEST
332.78 FEET TO THE POIPJT OF BEGIN~dIPJG,
PARCEL 2: TI1AT PORTION OF PARCEL 4, AS SH01~/N ON A MAP FILED IN
BOOK 43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUN7Y, DESCRIBED AS FOLLOWS: BEGINNING AT THE
PI~ST SOUTNERLY CORNER OF SAiD PARCEL 4; THENCE ALONG THE
SOUTH4IESTERLY AND NORTHWESTERLY LINES OF SAID PARCEL, NORTH 18
DEGREES 21' 05" WEST 130.90 FEET~ AND NORTH 71 DEGREES 37' 45"
EAST 332.74 FEET TO THE SOUTHWESTERLY LINE AF PARCEL 2, AS SHOWPI
ON A MAP FILED IN BOOK 1g, PAGE 3$ OF SAID PARCEL MAPS; THENCE
ALONG THE SOUTH4lESTERLY LINE OF SAID PARCEL 2, AND !TS'
SOUTHEASTERLY PROLONGATION, SOUTH 18 DEGREES 22' 15" EAST 130.90
FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE S6UTHEASTERLY LINE OF PARCEL 4, SOUTH 71 DEGREES 37~ k5" 4lEST
332.78 ~EET TO THE POINT OF BEGINNIPlG.
WHER[AS, the City Planning Commission did schedule a public heariny at the
City Hall in the City of Anaheim on November 17, i980, at 1:3D p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18,03, to hear and considAr
evidence for and against said proposed reclassification and to investigate and make
ftndings and recommendations in connection thereoiith; said public heartng having been
conti~ued to the Pianning Commission meeting of December 1, 1~80; and
WHEREAS, said Commission after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the foliowing facts:
1. That the proposed use is properly one for which a conditfonal use
permit is authorized by Anaheim Municipal Code Section 18,21.050.100 to permit a
mortuary in the RS-A-43,000 (Residential/Agricultural) Zone vrith waiver of:
Section 18.21,063.010 - Ninimum landsca ed front setback.
25 eet required;
i~et proposed)
2. That the requested waiver is hereby granted on the basis that denlal
would deprive subject property of a privilege anjoyed by other properties in the same
z~ne and vicinity.
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3. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in o~hich it is proposed to be located.
4, That 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 no~- to the peace~ health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That the granttng of the Conditional Use Permit under the conditions
lmposed, if any, will not be detrimental to the peace, health, safety and general
weifare of the Citizens of the City of Anaheim.
6. That the trafftc generated by the proposed use wili not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7, That no on~ indlcated their presence at said public hearing in
oppositton; and that no correspondence was received in oppositton to the subject
petition.
ENVIRONMENTAL tMPACT FINDING: That the Anaheim City Plannina Commission has
reviewed the proposal to permit a mortuary in the RS-A-43,000
(Residential/Agricultural) Zone with ~~aiver of minimum landscaped front setback on an
irregularly-shaped parcel of land consisting of approximately 17.~ acres, located
approximately 30~ feet south of Orangewood Avenue between Manchester Avenue and Lewis
Street, having approximate frontages of 500 feet on the southwest side of Manchester
Avenue and 690 feet on the east side of Lewis Street (23Q3 South ~Nancheste~ Avenue;;
and does hereby appreve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of this
Neyative Declaratton slnce the Anaheim General Pian designates the subJect property
for medium-density land uses commensurate a~ith the proposal; that no sensitive
environmental impacts are involved in the p~ooosal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
enviro~mental impacts; and that the Negattve Declaration subst?ntiating the foregoing
findings is on file in the City of Anaheim Pla~ining Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject PetFtion for Condttional Use Permit, upon the follcxving
conditions which are hereby found to be a necessary prPrequisite to the proposed use
of the subject property in order to preserve the safety and general a~elfare of the
Citlzens of the City of Anaheim:
1, That all engineering requirements of the City of Anaheim along
Manchester Avenue and Lewis Street, including preparation of improv~ement plans and
installation ~f all imnrovements such as curbs and gutters, sidewalks, street grading
and paving, drainage facilities or other appurtenant work~ shalt be complied with as
required by the City Engtnser and in accordance with specifications on file in the
Office of the City Engineer; that street lighting facitities along Manchester Avenue
and Lewis Street shall be installed as required by the Office of Utilities General
Manager, and in accordance with specifications on file in the Office of Utilities
General Manager; and/or that a bond, certificate of deposit, letter af credit, or
cash, in an amount and form satisfactory to the City of AnaheTm shall be posted with
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/"'~
the City to guarantee the installation of the above-mentioned requirements prior to
occupancy.
Z. That the owner(s) of suhject property shall aay to the City of Anaheim
a fee~ in an amount as determ~ned by the City Council, for tree planting purposes
along f4anchester Avenue.
3. That trash storage areas shall be provided in accordance with approved
plans on file ueith the Office of the Executive Directar of Public Works.
4• That fire hydrants shall be installed and charged as required and
determined to be necessa ry by the Chief of the Fire Depa!-tment prior to commencement
of structural framing.
satisfactory tohthe CitynEngineer,subject property shall be disposed of in a manner
6• In the event that subject property Is to be dtvided for the purpose of
sale, lease, or financing, a parcel map, to record the approved division of subject
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder,
7. That appropriate water assessment fees as determined by the Office of
Utflities General Manager shall be paid to the City of Anaheim prior to the issuance
of a bullding permit.
$. That the owner(s) of subject property shali pay the traffic signal
assessment.fee (Ordinance tJo. 3896) in an amount as determined by the City Council,
for commercial buildings prior to the issuance of a buildina permit.
9. That should the mortuary be sold~ an easement for the cul-de-sac shown
on Exhibit No. 1 shall be granted to the new owners of the mortuary.
10. That subject property shall be developed suhstantially in accordance
with plans and specifications on ftle arith the City of Anaheim marked Exhibtt Nos. 1,
2 and 3,
11. That Condition Nos. ] and 2, above-mentioned, shall be complied a~ith
prior to the commencement of the activtty authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whPchever occurs first, or such further time as the Planning Commission
may grant.
12. That Condition Nos. 3~ 5 and 10, above-mentioned, shall be complied
witti prior to final bui)ding and zontng inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssion does hereby
flnd and determine that adoption of this Resolution is expressly predicated upon
applicant's compllance a~itn each and all of th~ conditions hereinabo~ie set forth.
Should any such condition, or any part thereof, be declared tnvalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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~~'i'. . . .. ... .. ... . . ..
THE FOREGOING RESOLUTIOP! ts signed and approved by me thPs tst day of
December, 1980.
~ ~i~
CHAIRII N, APlAHE114 CITY PLAPJNING COMMISSION
ATTEST:
~~ ,~° ~.~.41
SECRETARY~ ANAHEIM CITY PLANNING COMMISSIOP~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C ITY OF ANAtIElM )
I, Edith L. Harris, Secretary o` the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on December 1, 19£30, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES~ BQUAS, FRY~ KING, TOLAR
NOES~ COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE, HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of December,
1980.
~°,c~-.~ a .° ~'~L
SECRETAR , ANAHEIM CITY PLaNNINC, COMMISSION
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PCad-211