PC 79-235RESOLUTION N0. PC79-235
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2043 BE GRANTED
WHEREAS, [he A.naheim City Planr~ing Commission did receive a verified Petition
for Condi[ional Use Permit from ABBEY SERVICES CORPORATION, P. 0. Box 2950, Newport
Beach, California 92660, owner, and GEORGE W. SEITZ AIA, INC.. 18023-A Sky Park
Circle, irvine, California 92714, agen[, of certain real property situated in the
City of Anaheim, Coun[y of Orange, State of California, described as:
PARCEL 1: THOSE PORTIONS OF PARCELS 3 AND 4, AS SHOwN ON A MAP
FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOUS: BEGINNING
AT THE NORTHNESTERLY CORNER OF SA10 PARCEL 3, SAID POINT BEING ON
THE EASTERIY LINE OF LEWIS STREET, AS SHOWN ON SAID PARCEL MAP: THENCE
ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 3, NORTH 72 OEGREES 23'
k5" EAST 755•34 FEET TO THE INTERSECTION WITH A CURVE CONCAVE SOUTH-
WESTERLY AND HAVING A RADIUS OF 770.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 42 DEGREES 39' S8" EAST: THENCE SOUTHEASTERLY 86.47
FEET ALONG SAID CURVE, BEING ALSO THE SOUTHWESTERLY LINE OF MANCHESTEa
AVENUE, THROUGFI A CEtlTRAL APJGLE OF 6 QEGP,EES 26' 03" TO A POINT ON
SAID SOUTHWESTERLY LINE, A RADIAL LINE TO SAID POINT BEARS NORTH 49
DEGREES 06' O1" EAST: THENCE CONTINUING ALONG SAID SOUTHIIESTERLY LINE
OF MANCHESTER AVENUE, THE FOILQWING GOURSES: NORTH 71 DEGREES 20' 4j"
EAST 17.38 fect, SOUTH 40 DEGREES 50' 15" EAST 406.26 FEET AND SOUTH
71 DEGREES 36' 30" WEST 17.53 FEET TO THE INTERSECTION WITH A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,458.00 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 49 DEGRESS 41' 49" EAST: THENCE SOUTH
EASTERLY 3•58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES
05' 00" A RADIAL LINE TO SAID POINT BEARS NORTH 49 DEGREES 46' 49" EAST:
THENCE LEAViNG SAiD SOUTH'.JESTEP.LY LlN_ SQUTt! 71 D~GREES 37' 45" WEST
184.80 FEET: THENCE SOUTH 37 DEGREES 32' 16" EAST 230.00 fEET TO THE
NORTHWESTERLY CORNER OF PARLEL 1 AS SHOWN ON A MAP FILED IN BOOK 19,
PAGE 38 OF SAID PARCEL MAPS: THENCE ALONG THE SOUTHWESTERLY LINE OF
PARCELS 1 AND 2, AND THEIR SOUTHEASTERLY PROLONGATtON, AS SNOWN ON
SAID PARCEL MAP, SOUTH 18 DEGREES 22' 15" EAST 290.00 FEET TO 7HE 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 TO THE
SOI:THWESTERLY CORNER THEREOF: THENCE CONTINUING ALONG 7HE SOUTHEASTERLY
AND SOUTH4IESTERLY LINES OF SA10 AFOREMENTIONED PARCEL 3, THE FOLLOWING
COURSES: SOUTk 71 DEGREES 37' 45" WE5T 241.22 FEET, NORTH 18 DEGREES 22'
15" WEST 140.00 FEET, SOUTH 71 DEGREES 37' 45" WEST 287.54 FEET, NORTH
40 DEGREES 38' Z1" WEST 3.10 FEET, NORTH 40 DEGREES 41' 20" WEST t82.95
FEET AND SOUTH 72 DEGREES 44' 40" WEST 109.93 FEET TO SAID AFOREMENTIONED
EAST IINE OF LEWIS STREET: THENCE ALONG SAID EAST LINE, BEING PARALLEL
WITH AND DISTANT 20.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM 1'HE
WESTERLY LINE OF SA~L ;,FOREM~NTIONED SOUTHEAST QUARTER OF FRALTIONAL
SECTION 26, NORTH 1 DEGREE 20' 0~" wEST 689.90 FEET TO THE POINT OF
E3EGINNING. EXCEPTING THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS:
PC79-z35
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE SOUTHWESTERIY AND NOR7HWESTERLY I.INES OF SAID PARCEL, NORTH 1$
DEGREtS 21' OS" WEST 130.90 FEET AND NORTH 71 DEGREES 37' 45" EAST
332.7~ FEET TO THE SOUTHWESTERLY LINE OF PARCEL 2, AS SHOWN ON A MAP
FILED IN BOOK 19, PAGE 3$ OF SAID PARCEL MAPS: THENCE ALONC THE SOU7H-
WESTERLY LINE OF SAID PARCEL 2 AND 1T5' SOUTHEASTERLY PROLONGATION,
SOUTH 18 DEGREES 22' 15" EAST 130.90 FEET TO THE SOUTHEASTERLY CORNER
OF SAID PARCEL 4; 7HENCE ALONG 7HE SOUTHEASTERLY LINE OF PARCEL 4,
SOUTH 71 DEGREES 37' 45" NEST 332.78 FEET TO THE POIt1T OF BEGINNING.
PARCEL 2: THAT PORTION OF PARCEI 4, AS SHONN ON A MAP FILED IN BOOK
43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER Of
SAID COUt~TY, DESLRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY
CORNER OF SAID PARCEL 4; THENLE ALONG THE SOOTHWESTERIY AND NORTH-
WESTERLY LINES OF SAID PARLEL, NpRTH 18 DEGREES 21' 05" ~EST 130,90
FEET, ANO NORTH 71 DEGREES 31' 45" EAST 332.74 FEET TO THE SOUTHWESTERLY
LINE OF PARCEL 2, AS SHOWN ON A MAP FIIED IN BOOK 19, PAGE 38 OF SAID
PARCEL MAPS: THENCE ALONG TNE SOUTHUESTERLY LINE OF SAID PARCEL 2,
AND ITS' SOUTHEASTERLY PROLONGATION, SOUTH 18 DEGREES 22' 15" EAST
130•90 FEET TO THE SOUTHEASTERLY CORNER OF SA10 PARCEL 4; 7HENCE
ALONG THE SOUTHEASTERLY LINE OF PARCEL 4, SOUTH 71 DEGREES 37' 45"
WEST 332.78 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Ci[y Planning Comnission did hold a public hearing at the City
Hall in the City of Anaheim on December 17, 1979, a[ 1:30 p.m., notice of said pubiic
hearing having been duly given as required by law and in accordance with the pro-
visions of the Anaheim Municipal Code, Lhapter 18.03, [o hear and consider evidence
for and against said proposed conditional use permit and to investigate and make
findi~gs and recomnendations in connection therewith; ~nd
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its beh f, and after due consideration of all evidence and repores
offered at said hearing~ does Tind and deter~nine the foiiowiny f~cts:
1. That the proposed use is proper!y one for which a condi[ional use permit
is au[horized by Anaheim Municpal Code Section 18.21.05~.100 to wit: to permit
a rtnrtuary in the RS-A-43,000(Residen[ial/Agricultural) Zone wi[h waiver of:
SECTION 18.21.063.010 - Minimum landsca ed front setback.
25 eet required; 11 feet proposed)
2. Tha[ the reques[ed waiver is hereby granted o~ the basis that denial
would deprive subject property of a p~ivilege enjoyed by other property under
identical zoning class+fication in the vicinity.
3. That the proposed use is hereby granted subject [o the petitioner's
stipulation to submit revised plans relocating the parking spaces shown irt the
dedicated Manchas[er Avenue right of way to an on-site location ~proved by the
Planning Depar[ment.
4. That the proposed use will not adversely affec[ the adjoining land uses
and [he growth and development of the area in which it is proposed to be located.
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5. That the size and shape of the site proposed for the use is adequate to
allow [he full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and gcneral welfare of ihe
Citizens of the City of Anaheim.
6. Thai the gran[ing of the conditional use permit under the conditions
ir+posed, if any, ~ill not be dctrimental to the peace, hcalch, safety, and general
welfare of the Citizens of the City of Anahcim.
7. 7hat the traffic genera[ed by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic
in the area.
S. That no one indica[ed their preser.ce at said public hearing in opposi[ion;
and that no correspondence was received in opposition to the subJect petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a mertuary in the RS-A-43,000 (Residential/Agricul-
tural) Zone with waiver of minimum landscaped front setback on an irregularly-shaped
parce) of land consisting of approximately 17 acres, having a frontage of approxi-
mately 500 feet on thc southwest side of Manchester Avenue and a frontage of 690
feet on the east side of Lewis Street and being located approximatcly 300 feet
south of the cen[erline of Orangewood Avenue; and does hereby approve the Negative
Declaration f~om the requirement to prepare an environmental impac[ report on the
basis that there would be no significan[ individual or cumulative adverse environ-
men[al impact due to the approval of this Negative Declaration since [he Anaheim
General Plan designates the subjeci property for medium-density residential land
uses comnensurate with the proposal; [hat no sensitive environmen[al impacts are
involved in the proposal; that the I~itial Study submitted by the pecitioner indi-
cates no significiant individual or cumulative adverse environmental impacts; and
that the Negative Declaration substantia[ing che foregoi~g findings is on file
in thc Ci[y ~f Anaheim Planning Qepartment.
NOW. THEREFORE, BE IT R=50LVE0 that the Anaheim Ci[y Planning Commission
does hereby grant subject Pe[ition for Condi[io~al Use Permit, upon the following
conditions which are hereby .`ound to be a necessary prerequisite to the proposed
use of the subject property in order to preserve the safety and general welfare
of the Citizens of the Ciiy of Anaheim:
1. That all engineering requirements of the City of Anaheim along Lewis Street
including preparation of improvement plans a~d installation of all improvements such
as curbs and gutters, sidewalks, st~eet grading and paving, drainage facilities
or other appurtenant work, shall be complied with as required by the City Enginecr
and in accordance with standard plans and specificiatio~s on file in the Office
of the City Engineer; that stree[ lighting facilities along Lewis Street and Man-
chester Avenue shall be inscalled as required by the Office of Utilities General
Manager, and in accordance with specifications on file in the Office of Utilities
General Hanager; and/or that a bond, certificate of deFosit, tetter of credit, or
cash, in an amount and form satisfactory to the City of Anaheim shall be posted wi[h
the City to guaran[ee the installation of the above-mentioned requiremencs prior to
occupancy.
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2. That sidewalks shall be installed along Manchester Avenue as required
by the City Engineer and in accerdance with standard pians and specifications on
file in the Office of the City Engineer.
~, That the owner(s} of subject property shali pay to the Ci[y of Anaheim a
fee, in an amoun[ as determined by the City Council, for trce planiing purposes
along Manchester Avenue.
4. That trash storage areas shall be previded in accordance wi[h approved
plans on file with the Office of the Executive Director of Public Works.
5. That drai~age of subject property shall be disposed of in a manner
satisfactory to the City E~gineer.
6. That the owner(s) of subject property shall pay the iraffic signal assess-
ment fee ~Ordinance No. 3896) in an amount as determined by the City Council. for
commercial buildings prior to the issuance of a building permit.
7. That the proposed mortuary shall comply wiih ail signing requirements
of the RS-A-43,000 zone.
8. That subject property shaii be deveioped substantinlly +n accordance +~ith
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 4; provided, however, that the parking spaces shown in the Manchester Avenue
right-of-way shatl be relocated to an on-site tocation approved by [he Planning
Department.
9. That Londition Nos. 1 and 3. above-mentioned, shal{ be complied with
prior Co the cormiencement of ttie activity authorized under this resolution, or
prior to the time that the building permic is issued, or within a period of one
year from date hereof, whichever occurs first, or such further time as the Planning
Commission may g~ant.
10. That Condition Nos. 2, 4,5,7 and 8, above-mentioned, shall be corr~lied
with prior to final buitding an~7 zoning inspections.
BE 17 FURTNER RESOLVED thai the Anaheim City Planning Commission does hereby
find and determine ihat adoption of Lhis Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove se[ forth.
Should any such condition. or any par[ thereof, be declared invalid or unenforceable
by the final judgment of any court of competen[ Jurisdiction, then this Resolution,
and any apqravals herein concained, shall b~c deemed null and void.
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TH~ FOREGOING RESOL'UTION is signed and ap,.~oved by rne this 174h day of
December, 1979.
d. i. . P ~2,r ~ ~
CHAIRWOMAN, AN EIM CITY PLANNI COMMISSfON
ATTEST:
`~~. ~ ~:.
$ECRETARY, ANAHEIri !:ITY PLANh.t~G COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planni~ng Commission, do
hereby certify 'that [he foregoi~g resolution was passed and adopted at a meeting
of the Anaheim City Planning Comnission held on L~ecembcr 17. 1979, by the follrn+ing
votc of the members [hereof:
AYES: GOMMISSlONERS: BAR?IES, DAVID. FRY, HERBST, KING
NOES: COMriI5510NERS: NONE
ABSENT: LOMMISSIONERS: TOLAR
ABSTAIN: COMHISSfONERS: 9USHORE
IN 1JITNE55 '+~HEREOF, 1 have '~ereuntc set my hand this 17th day of December 17.
1479.
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SECRE7ARY, ANAHEIM CITY PLANNING COMMISSfGN
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