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RESOLUTION NO. PC2006-38
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TFiAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05079 BE GRANTED
(1835 SOUTH LEWIS STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, Gounty of Orange, State of California,
described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF: SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED W
BOOK 51, PAGE' 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
PARCEL 2 IN THE DEED TO JACK E. RILEY AND WfFE RECORDED SEPTEMBER 13,
19561N BOOK 3642, PAGE 258, OFFICIALRECORDS, SAID CORNER BEING`A POINT'
IN THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTHERLYTHEREON 968:13
FEET FROM THE NORTH QUARTER CORNER DF SAID SECTION; THENCE NORTH
1° 16' 48" WEST, ALONG SAID. EAST 'lINE, 336.50 TO THE TRUE POINT OF
BEGINNING:OF THE LAND HEREW DESCRIBED; THENCE CONTINUING NORTH 1°
16' 48" WEST, ALONG SAID EAST LINE 116.50 FEET; THENCE SOUTH 88° 43" 12"
WEST 231.77 FEET TO THE EASTERLY LINE OF THE SOUTHERN PAGFIC
RAILROAD RIGHT OF WAY THENCE SOUTHERLY ALONG SAID EAST LINE 120.15
FEETTO A POINT WHICH BEARS SOUTH 88° 43' 12" WEST FROM THE TRUE POINT
OF BEGINNING, THENCE NORTH 88° 43' 12" WEST FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 88° 12' EAST 202.39 FEET TO THE TRUE POINT OF
BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 1, 2006, at 2:30 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 18.60, to -
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; 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 following facts:
1. That the proposed mortuary (to cremate and embalm human remains in an existing industrial
building) use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section No. 18.10.030.040.0402; and
2. Thatthe proposed mortuary would not adversely affect the adjacent land uses and the
growth and development of the area in which it is located because the site is surrounded by industrially-
related businesses, is not adjacent to any commercial and residential uses and the unique characteristics of
the operation would result in a facility that has no exterior advertisement, limited traffic for business
operations, and no outdoor uses; and
3. That the traffic generated by the mortuary would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area. As demonstrated by the parking
study dated March 31, 2006, the peak parking demand would be 13 parking spaces, and the site plan
indicates 28 parking spaces provided; and
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4. That granting this conditional use permit, under the conditions imposed, would not be
detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That a person indicated their presence at said public hearing in opposition; and that a letter
was received in opposition to the subjecfpetition. .
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a mortuary to cremate and embalm human remains in an
existing industrial building; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration. together with any comments received during thepublic review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does '
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby =
found 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 City of Anaheim:
1. That this establishment shall be operated as a mortuary not open to the general public and limited #o
the cremation and embalming of human remains with accessory office uses and does not include '
witnessing of the process or services. If at any such time the business is noionger operated as
indicated herein, a detailed description ofthe proposed business shall be submitted for review by the
City's Traffic and Parking Consultant to determine if the new use would cause fewer off-street parking
spaces to be provided than the number of spaces provided on-site. If it is determined the expected -
demand is greater than the spaces provided on site, an application for a variance shall be submitted to
the Planning Services Division for consideration by the Planning Commission.
2. 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.
3. That there shall be no outdoor storage permitted on the premises.
4. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code No. 18.38.170 pertaining to roof-mounted equipment. Said information shaU
be specifically shown on the plans submitted for building permits.
5. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof materiaL The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
6. That the existing chain link gate shall be replaced with a decorative wrought iron gate and shall remain
unlocked and open during business hours to provide vehicular and pedestrian access to required on-
site parking. That said gate shall not be installed in such a manner that may adversely affect vehicular
tra~c on the adjacent public street. The installation of a new gate shall conform to the Engineering
Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
7. That the driveway on Lewis Street shall be reconstructed to accommodate a ten (10) footradius curb
return in conformance with Engineering Department Standard No. 115. Said information shall be
specifically shown on plans submitted for building permits.
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8. ' That the property shall be permanently maintained in an orderly fashion by the provision of regular :
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence:'
9. 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.
10. That trash storage areas shall be refurbished to the satisfaction of the Public Wocks Department,
Streets and Sanitation Division to comply with approved plans on file with`said Department.
11. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with fighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons; property, and
vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the
building. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approvaC
12. That signage for subject facility shall be prohibited. Any proposed signage shall be subject to approval
by'the Planning Commission as a Reports and Recommendations item.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
14. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail Na 476
and shown on ptans as required by the Department of Public Works, Street Sweeping and Sanitation
Division. Said information shall be specifically shown on plans submitted for building permits.
15. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Pofice
Department. The form is available at the Police Department front counter.
16. That the landscape plan shall indicate the addition of three (3) Stenocarpus sinuatus, Firewall tree, in
theJandscaped parkway along Lewis Street, one (1) north of the existing driveway and two (2) in front
of the building and fifteen (15) feet from the utility pole. In addition, the landscape plan shall indicate
the addition of six (6) 24-inch box sized trees within the front landscaped setback along Lewis Street.
Any decision made by staff regarding said plans may be appealed to the Planning Commission as a
Reports and Recommendations item. Said information shall be specifically shown on plans submitted
for building permits.
17. That the property owner shall submit a letter requesting termination of Variance No. 2441 (to waive (a)
permitted outdoor uses and (b) required masonry wall for screening outdoor use and erect chain link
fence around an outdoor industrial use and storage area) to the Zoning Division.
18. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein.
19. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this '
resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos.
4, 5, 6, 7, 11, 14, 16, and ,17, above mentioned shall be compfied with. Extensions for further time to :
complete said conditions shall be granted in accordance with Section No. 18.60.170 of the Anaheim
Municipal Code.
20. That prior to final zoning and building inspections, Condition Nos. 10, 15 and 18, above-mentioned,
shall be complied with.
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21. That approval of this application constitutes approval of the proposed request only to the extent that it `
complies with the Anaheim Municipal Code and any other applicable City, State, and Federat
regulations. ' Approvaf 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 Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any park thereof, be declared
invalid or unenforceable by the final judgment of any court of competent]urisdiction; then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED.that the applicant is responsible for paying all charges related
to the processing ofi this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever.occurs first. Failure to pay all charges ;
shall result in delays in'the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 1, 2006. Said resolution is subject to the appeal provisions"set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to ea edures a d replaced
by a City CounciF Resolution in the event of an appeaC ~
CHAIRMAN, AHEIM PLANNING COMMISSION
ATTE :
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SENIO SECRETARY, ANAHE M P ING COMMISSION
STATE OF CALI~ORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
May 1, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERO
NOES: COMMISSIONERS: KARAKI
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
L' i~~ pr"ti, 2006. ~
SENIOR SE`CRETARY, ANAHEIM PLfY{VN~OMMISSION