Resolution-PC 2009-007RESOLUTION NO. PC2009-007
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATIVE DECLARATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05079 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2006-172
(TRACKING NO. CUP2008-05388)
(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) at 1835 South Lewis SCreet; and
WHEREAS, this 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 this property for Office High land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to
amend Conditional Use Permit No. 2006-05079 (Tracking No. CUP2008-05388) to permit the
cremation of animal remains pursuant to Code Section No. 1$.60.190 of the Anaheim Municipal Code
for certain real property situated in Che City of Anaheim County of Orange, State of California, shown
on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 21, 2009, 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 "Procedures", to hear and consider evidence for and against said proposed amendment
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 amendment to permit the cremation of animal remains in the
Industral (I) zone is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.10.030.040.0402 (Mortuaries).
2. That the proposed amendment to allow the cremation of animal remains 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 facility that has no exterior advertisement, limited traffic for
business operations, and no outdoor uses.
3. That the traffic generated by the cremation of animal remains would not increase the
demand for parking as demonstrated by the parking study dated March 31, 2006 and the amendment
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would not impose an undue burden upon the streets and highways designed .and improved to carry the
traffic in the area, since the business operations would remain the same.
4. That the granting of the amendment of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
5. That no persons indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subjecC petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
has reviewed the proposal and does hereby find that apreviously-approved Negative Declaration in
connection with Conditional Use Permit No. 2006-05079 (Tracking No. CUP2008-05388) is adequate
to serve as the required environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2006-
05079 Co permit the cremation of animal remains pursuant to Code Section No. 18.60.190 of the
Anaheim Municipal Code in conjunction with apreviously-approved mortuary for the cremation and
embalming of human remains in an existing industrial building.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their entirety, the conditions of approval in connection with City Council Resolution
No. 2006-172, as adopted in connection with Conditional Use Permit No. 2006-05079, to read as
shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the health and safety of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of City Council Resolution No. 2006-172 shall remain in full force and effect.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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 Che Anaheim City 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 part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal.
~~
CHAIRMA , AN E LAN MISSION
ATTEST:
SENIOR SECR1~;`P~~RY, ANA$~EIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 January 21, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
G-.
IN WITNESS WHEREOF, I have hereunto set my hand this day of January,
2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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NO. !
CONDITIONS OF APPROVAL RESPONSIBLE
FOR
MONITORING
9. That the subject property shall be developed and operated Planning
substantially in accordance with plans and specifications submitted
to the City of Anaheim by Che applicant and which plans are on file
with the Planning DepartmenC marked Revision No. 1 of Exhibit
No. 2, and Exhibit Nos. 1 and 3, site, floor/roof and equipment
plans, and as conditioned herein.
10. That approval of this application constitutes approval of the proposed Planning
request only to the extenk that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any acCion or findings as to
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT N0.2006-05079
(TRACKING NO. CUP2008-05388)
KATELLA AVENUE
Sourcb' RECCNEtl Tract MaOE 2n NUr City G IS
PE8E6lIbIfl (llb 2cg11'dcy 6 N-(Wa f9 (V9 fEEI
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. _~,
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT N0.2006-05079
(TRACKING NO. CUP2008-05388)
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL -ONGOING DURING PROJECT OPERATION
1. That this establishment shall be operated as a mortuary not open to Planning
the general public and limited to the cremation and embalming of
human remains and cremation of animal remains with accessory
office uses and does not include witnessing of the process or
services.
2. That the cremation of animals shall not be conducted in the same Code Enforcement
furnace as those for human beings.
3. That the cremation of animals shall be limited to domesticated dogs Code Enforcement
and cats. Livestock and other commercially raised animals shall not
be cremated at this facility.
4. That all doors serving the facility shall conform to the requirements Code Enforcement
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.
5. That there shall be no outdoor storage permitted on the premises. Code Enforcement
6. That the property shall be permanently maintained in an orderly Code Enforcement
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.
7. That all trash generated from this facility shall be properly Code Enforcement
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.
8. That signage for subject facility shall be prohibited. Code Enforcement
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