Loading...
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 - 1 - PC2009-007 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. - 2 - PC2009-007 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 - 3 - PC2009-007 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. - 6 - PC2009-007 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 4 - PC2009-007 . _~, 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 - 5 - PC2009-007