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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