Resolution-PC 2012-038RESOLUTION NO. PC2012 -038
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05079
AND AMENDING CONDITIONS OF APPROVAL FOR
RESOLUTION NO. PC 2009 -007
(DEV2012- 00031)
(1835 SOUTH LEWIS STREET)
WHEREAS, on July 11, 2006, the Anaheim City Council, adopted Resolution No.
2006 -172 granting Conditional Use Permit No. 2006 -05079 to permit a mortuary (to cremate
and embalm human remains) for certain real property located at 1835 South Lewis Street in
the City of Anaheim, County of Orange, State of California, as generally depicted on the map
attached hereto as Exhibit A (the "Property "); and
WHEREAS, on January 21, 2009, the Anaheim City Planning Commission
(hereinafter referred to as the "Planning Commission ") adopted its Resolution No. PC2009-
007 for the purpose of amending Conditional Use Permit No. 2006 -05079 to permit the
cremation of animal remains, which included the modification or deletion of certain
conditions of approval (which amendment was then designated as Tracking CUP No. 2008-
05388 and is herein referred to as the "2009 Amendment "); and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
to further amend Conditional Use Permit No. 2006 -05079 for the Property (herein referred to
and designated as "Conditional Use Permit No. 2006- 05079B ") to allow non - service,
viewing and witnessing of decedents prior to cremation pursuant to Section 18.60.190 of the
Anaheim Municipal Code; and
WHEREAS, the Property is currently developed with a mortuary; the underlying
zoning is Industrial (I) zone, Platinum Triangle Mixed Use (PTMU) Overlay; and the
Anaheim General Plan designates the Property for Office High land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 4, 2012 at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60 of
the Anaheim Municipal Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2006- 05079B, and to investigate and make findings and
recommendations in connection therewith; and
- 1 PC2012 -038
WHEREAS, the Planning 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 pertaining to the request for a further amendment to Conditional Use
Permit No. 2006 - 05079, does find and determine the following facts:
1. The request to further amend Conditional Use Permit No. 2006 -05079 by the
adoption of Conditional Use Permit No. 2006- 05079B to allow non - service, viewing and
witnessing of decedents prior to cremation is properly one for which a conditional use permit
is authorized under Section 18.116.070 of the Anaheim Municipal Code.
2. The request to further amend Conditional Use Permit No. 2006 -05079 by the
adoption of Conditional Use Permit No. 2006- 05079B to allow non - service, viewing and
witnessing of decedents prior to cremation would not adversely affect the surrounding land
uses and the growth and development of the area because the Property is not adjacent to any
commercial and residential uses and this proposal has limited traffic and adequate parking for
these discrete events.
3. The size and shape of the Property is adequate to allow the full operation of
the existing and proposed use in a manner not detrimental to the particular area or to the
health, safety and general welfare of the public.
4. The traffic generated by allowing non - service, viewing and witnessing of
decedents prior to cremation at the Property would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the
number of vehicles entering and exiting the Property is infrequent and less than the normal
traffic impacts associated with this area.
5. Granting Conditional Use Permit No. 2006- 05079B under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will provide a land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the proposed project represented by
the adoption of Conditional Use Permit No. 2006- 05079B falls within the definition of
Categorical Exemptions, Class 1 (Existing Facilities), as defined in the State CEQA
Guidelines, and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2006- 05079B, including, specifically, the conditions of approval
set forth in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Accordingly, Conditional Use Permit No. 2006- 05079B amends, as set forth herein,
Conditional Use Permit No. 2006 -05079 and the 2009 Amendment and, except as
specifically amended hereby, Conditional Use Permit No. 2006 -05079 and the 2009
Amendment shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and conditions of Conditional Use Permit No. 2006- 05079B
- 2 - PC2012 -038
and the terms and conditions of Conditional Use Permit No. 2006 -05079 and the 2009
Amendment, the terms and conditions of Conditional Use Permit No. 2006- 05079B shall
control and govern the Property. Extensions for further time to complete the conditions of
approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170
of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2006- 05079B is
approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be processed in accordance with Chapters 18.60.190
(Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification
of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2006 -
05079B constitutes approval of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 4, 2012. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an
appeal.
ATTEST:
L0 .
CHAIRMAN PRO - TEMPORE, ANAHEIM ANNING COMMISSION
r
SECRETARY, ANAHEIM PLANNING COMMISSION
3 PC2012 -038
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of 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 June 4, 2012, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 4` day of June, 2012.
SECRETARY, ANAHEIM PLANNING COMMISSION
4 -- PC2012 -038
APN: 083- 250 -49
(R)
E
EXYIISIT "A"
DEV NO. 2012 -00031
E KATELLA AVE
209'
179'
m
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
5 PC2012 -038
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1
That this establishment shall be operated as a mortuary
and limited to the cremation and embalming of human
remains and cremation of animal remains with
accessory office uses.
Code
Enforcement
2
The facility may host non - service, viewing and
witnessing of decedents prior to cremation of decedents
with a maximum of 10 persons in attendance.
Code
Enforcement
3
That the cremation of animals shall not be conducted in
the same furnace as those for human beings.
Code
Enforcement
4
That the cremation of animals shall be limited to
domesticated dogs and cats. Livestock and other
commercially raised animals shall not be cremated at
this facility.
Code
Enforcement
5
That all doors serving the facility shall conform to the
requirements of the Uniform Fire Code and shall be
kept closed at all times during the operation of the
premises except for ingress /egress, permitted deliveries,
and in cases of emergency.
Code
Enforcement
6
That there shall be no outdoor storage permitted on the
premises.
Code
Enforcement
7
That all trash generated from this facility shall be
properly contained in trash bin(s) contained within the
approved trash enclosure(s). The number of bins shall
be adequate and the trash pick -up shall be as frequent as
necessary to ensure the sanitary handling and timely
removal of refuse from the property.
Code
Enforcement
8
That signage for subject facility shall be prohibited.
Code
Enforcement
EXHIBIT `B"
AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2006-05079 (CUP2006- 05079B)
(DEV2012- 00031)
6
PC2012 -038
9
That the subject property shall be developed and
Planning
operated substantially in accordance with plans and
specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department
Department marked Exhibit No. 1 (Site Plan) and
Exhibit No. 2 (Floor plan) and as conditioned herein.
10
That approval of this application constitutes approval of the
Code
proposed request only to the extent that it complies with the
Enforcement
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
7 PC2012-038