Loading...
78-365RESOLUTION NO. 78R -365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1825 WHEREAS, the City Planning; Commission of the Cite of Anaheim did receive an application for a conditional use permit from ROBERT M. SCHULLER INSTITUTE FOR SUCCESSFUL CHURCH LEADER- SHIP, owner; and GARDEN GROVE COMMUNITY CHURCH, agent, to permit a cemetery with waivers of maximum fence height, maximum struc- tural height, minimum front yard setback, and minimum side yard setback on the property situated in the State of California, County of Orange, City of Anaheim, described as follows: That portion of the Southeast one - quarter of Section 26, Township 4 South, Range 10 West, in the City of Anaheim, as shown as Parcel No. 1 on a map filed in book 43, page 15 of Parcel Maps, records of said Orange County; and -1- ATTY - 26 (Page 1 of 3 pages) 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC78 -87 , granting Conditional Use Permit No. 1825 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 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 WHEREAS, the City Council finds, after careful consider- ation of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The 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 im- pose an undue burden upon the streets and highways 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 gra4ting _ said conditional use permit be, and the same is hereby, affirme, and that Conditional Use Permit No. 1825 be, and the same is hereby, granted permitting a cemetery on the aforedescribed property with waivers of the following sections of the Anaheim Municipal Code: . -2- ATTY -26 (Page 2 of 2 Pages) SECTION 18.04.043.101 - Maximum fence height. (42 inches permitted; 5 1/2 feet existing) SECTION 18.21.062.010 - Maximum structural height. (1 foot permitted; 16 feet proposed) SECTION 18.21.063.010 - Minimum front yard setback. (25 feet required; 5 feet proposed) SECTION 18.21.063.020 - Minimum side yard setback. (10 feet required; 2 feet proposed) That said Conditional Use Permit is granted subject to the follow- ing conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 35 feet in width from the center- line of the street along Lewis for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Lewis Street, Orangewood Avenue and Manchester Avenue includ- ing preparation of improvement plans and installation of all im- provements 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 accord- ance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Lewis Street, Orangewood Avenue and Manchester Avenue shall be installed prior to final building and zoning inspections unless otherwise approved by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That trash storage are, with approved plans on file with Public Works. 4. That appropriate water the Director of Public Utilities Anaheim prior to the issuance of is shall be the Office assessment shall be p; a building provided in accordance of the Director of fees as determined by aid to the City of permit. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. -3- 6. That Condition Nos. 1 and 2, above - mentioned, shall be complied with prior to the commencement of the activity author- ized under this resolution, or prior to the time that the build- ing permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Plan- ning Commission may grant. 7. That Condition Nos. 3 and 5, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day q June, 1978. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm -4- STATE OF CALIFORNIA ) ' COCNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing-Resolution No. 78 R -365 was.introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of June, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kott and Roth NOES: COUNCIL MEMBERS: Kaywood ABSTAINED: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -365 on the 6th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of June, 1978. CITY CLERK OF THE CI OF A :�gAHEIM (SEAL) I, LI14DA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -365 duly passed and adopted by the Anaheim City Council on June 6, 1978. M�ffl