1981-039RESOLUTION N0. 81R-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORANTIN4 CONDITIONAL USE PERMIT
N0. 2141
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from Abbey Services Corporation to permit a mortuary on the
following described property:
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 follows: Beginning at the northwesterly
corner of said Parcel 3, said point being on the east-
erly line of Lewis Street, as shown on said Parcel
Map; thence along the northwesterly line of said
Parcel 3, north 72 degrees 23' 45" east 755.34 feet
to the intersection with a curve concave southwesterly
and having a radius of 770.00 feet, a radial line to
said point bears north 42 degrees 39' 58" east; thence
southeasterly 86.47 feet along said curve, being also
the southwesterly line of Manchester Avenue, through
a central angle of 6 degrees 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 southwesterly line of Manchester Avenue,
the following courses: north 71 degrees 20' 45" east
17.38 feet, 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 feet, a radial line to said
point bears north 49 degrees 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 southwesterly line south 71 degrees 37'
45" west 184.80 feet; thence south 37 degrees 32'
16" east 230.00 feet to the northwesterly corner of
Parcel 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
prolongation, as shown on said Parcel Map,~south 18
degrees 22' 15" east 290.00 feet to the most south-
easterly 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 southwesterly corner
thereof; thence continuing along the southeasterly
and southwesterly lines of said aforementioned
Parcel 3, the following courses: south 71 degrees
37' 45" west 241.22 feet, north 18 degrees 22' 15"
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ATTV-26 (Pays 3 ofd Pa9~s)
west 140.00 feet, south 71 degrees 37' 45" west
287.54 feet, north 40 degrees 38' 21" west 3.10 feet,
north 40 degrees 41' 20" west 182.95 feet and south
72 degrees 44' 40" west 109.93 feet to said afore-
mentioned east line of Lewis Street; thence along
said east line, being parallel with and distant 20.00
feet easterly measured at right angles from the
westerly line of said aforementioned southeast
quarter of fractional Section 26, north 1 degree
20' 00" west 689.90 feet to the point of beginning.
Excepting that portion of land described as follows:
Beginning at the most southerly corner of said
Parcel 4; thence along the southwesterly and north-
westerly 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 of
Parcel 2, as shown on a map filed in Book 19, Page
38 of said Parcel Maps, thence along the southwest-
erly line of said Parcel 2 and its' southeasterly
prolongation, south 18 degrees 22' 15" east 130.90
feet to the southeasterly corner of said Parcel 4;
thence along the southeasterly line of Parcel 4,
south 71 degrees 37' 45" west 332.78 feet to the
point of beginning.
PARCEL 2: That portion of Parcel 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 follows: Beginning at the most south-
erly corner of said Parcel 4; thence along the
southwesterly 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 south-
westerly line of Parcel 2, as shown on a map filed
in Book 19, page 38 of said Parcel Maps; thence
along the southwesterly line of said Parcel 2, and
its' southeasterly prolongation, south 18 degrees
22' 15" east 130.90 feet to the southeasterly corner
of said Parcel 4; thence along the southeasterly
line of Parcel 4, south 71 degrees 37' 45" west
332.78 feet to the point of beginning.
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WIiEREAS, 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.pC80-211 , approving
Conditional Use Permit No. 2141 and '
WfiEREAS, 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
WIiEREAS, 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
ing said conditional use permit be, and the same is
ere y, .a&&, i ~ and that Conditional Use Permit No. 2141 be,
and the same s ereby, granted permitting a mortuary on the
aforedescribed property, subject to the following conditions:
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ATTV-26 (Page ' of ; Payes)
1. That all engineering requirements of the City of
Anaheim along Manchester Avenue, including preparation of
improvement plans and installation of all improvements 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 accordance with specifi-
cations on file in the office of the City Engineer; that street
lighting f acilities along Manchester Avenue 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 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 prior to
occupancy.
2 . That the owner (s ) of subject property shall pay to
the City of Anaheim a fee, in an amount as determined by the City
Council, for tree planting purposes along Manchester Avenue.
3. That trash storage areas shall be provided in
accordance with approved plans on file with the office of the
Executive Director of Public Works.
4. That fire hydrants shall be installed and charged
as required and determined to be necessary by the Chief of the
Fire Department prior to commencement of structural framing.
5. That drainage of subject property shall be dis-
posed of in a manner satisfactory to the City Engineer.
6. In the event that subject property is to be divided
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 deter-
mined by the Office of Utilities General Manager shall be paid to
the City of Anaheim prior to the issuance of a building permit.
8. That the owner(s) of subject property shall pay
the traffic signal assessment fee (Ordinance No. 3896) in an amount
as determined by the City Council, for commercial buildings prior
to the issuance of a building 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 substan-
tially in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit Nos. 1, 2 and 3.
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11. That Condition Nos. 1
be complied with prior to the commen
authorized under this resolution, or
building permit is issued, or within
date hereof, whichever occurs first,
Planning Commission may grant.
and 2, above-mentioned, shall
cement of the activity
prior to the time that the
a period of one year from
or such further time as the
12. That Condition Nos. 3, 5 and 10, above-mentioned,
shall be complied with prior to final building and zoning
inspections.
13. That all engineering requirements of the City of
Anaheim along Lewis Street shall be developed, including the
preparation of improvement plans, the installation of all im-
provements such as curbs and gutters, sidewalks, street grading
and paving, drainage facilities, other appurtenant work; and
street lighting facilities on Lewis Street shall be installed
by the City of Anaheim within seven years from the date hereof
according to standard specifications on file with the City
Engineer and the office of the Utilities General Manager. The
property owner and applicant under this resolution agrees to pay
one-third of the costs of improvements on Lewis Street at the
time of installation. That a bond, certificate of deposit,
irrevocable letter of credit or cash or some other security in
an amount and form acceptable to the City Attorney, shall be
posted with the City of Anaheim within 180 days following the
adoption of this resolution to guarantee the applicant's
ability to perform pursuant to this paragraph.
14. In the event this Conditional Use Permit is
terminated by the City or consideration is requested by the
owner or request is made to surrender the use granted pursuant
to this Resolution, the owner shall be required to pay to the
City all amounts of street and utility improvements actually
expended pursuant to paragraph 13 hereof.
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 herein.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 3rd day of
February, 1981.
FAL:jh -5-
STATE OF CALIFORNIA )
COUNTY 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. S1R-39 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of February, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-39 on the 3rd day of February, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of February, 1981.
~.
CITY C ERK OF THE CIT OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-39 duly passed and adopted
by the Anaheim City Council on February 3, 1981.
~,.,.~t,~.d.
CITY CLERK