RES-2006-172RESOLUTION NO. 2006 - 172
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2006-05079.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit to permit a mortuary (to cremate and embalm human
remains) in an existing industrial building upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally 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 IN 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
WIFE RECORDED SEPTEMBER 13, 1956 IN BOOK 3642, PAGE 258,
OFFICIAL RECORDS, SAID CORNER BEING A POINT IN THE EAST
LINE OF SAID NORTHWEST QUARTER, SOUTHERLY THEREON
968.13 FEET FROM THE NORTH QUARTER CORNER OF SAID
SECTION; THENCE NORTH 1 ° 16' 48" WEST, ALONG SAID EAST
LINE, 336.50 TO THE TRUE POINT OF BEGINNING OF THE LAND
HEREIN 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 PACIFIC RAILROAD RIGHT OF WAY THENCE
SOUTHERLY ALONG SAID EAST LINE 120.15 FEET TO 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; and
WHEREAS, 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 required by law and the provisions of Title 18, Chapter 18.60 of the Anaheim Municipal
Code; and
WHEREAS, said Commission, after due inspection, investigation 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. PC2006-38 granting Conditional. Use Permit No. 2006-
05079; and
WHEREAS, 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
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
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. That the 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
4. 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, for the reasons hereinabove stated, the action of the City Planning Commission
granting said conditional use permit be, and the same is hereby, affirmed and that Conditional
Use Permit No. 2006-05079 be, and the same is hereby, granted permitting a mortuary (to
cremate and embalm human remains) in an existing industrial building on the hereinabove
described real property, subject to the following conditions:
1. That this establishment shall be operated as a mortuary not open to the
general public and limited to 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 no longer operated as indicated herein, a detailed description of the 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
2
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 shall 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 traffic 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) foot radius curb return in conformance with Engineering Department Standard No.
115. Said information shall be specifically shown on plans submitted for building permits.
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 Works Department, Streets and Sanitation Division to comply with approved plans on file
with said Department.
3
11. That adequate lighting of parking lots, driveway, circulation areas, aisles,
passageways, recesses and grounds contiguous to buildings shall be provided with lighting 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 approval.
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 No. 476 and shown on plans 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 Police 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 the landscaped 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
4
complied 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.
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 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 I'I' FURTHER RESOLVED that the City Council 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 conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 11 th day of July , 2006, by the following roll
call vote:
AYES: Mayor Pringle, Council Alembers Hernandez, Galloway, Chavez
NOES: Council Member Sidhu
ABSENT: None
ABSTAIN: None
CITY ANAHE
By
MAYOR OF THE CIT OF ANAHEIM
ATTE
• ITY CLERK OF THE CITY OF ANAHEIM
62502.1
5