Resolution-PC 97-138~
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RESOLUTION NO. PC97-138
A RESOLUTIt~N OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETI'~~N FgE G~RANTED IN PpRT PERMIT NO. 3948
WHERFAS, the Anaheim Ciry Planning Commission did receive a veri~ed
Petition for Conditional Use Permit for certain real property situated in the Cir~ of
Anaheim, County of Orange, State of California, described as:
LOTS 17, 18 AND 19 OF TRACT Nc7. 1820 IN THE CITY
OF A.~IAHEIM, COUNTY OF ORANGE, STA'f'E OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51 PAGES 31 AND 32 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on July 21, 1997 at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the provisions
of the Ar.aheim Municipal Code, Chapter 18.03, to hear and consider evidence for and
against said proposed conditional use permit and to investigate and make ~ndings and
recommendations in connection therewith; and that said public hearing was continued to
September 3 and September 29, 1997 1'lannir.g Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation an~ study
made by itself and in its behalf, and after due consideration of ~11 evidence and reports
offered at said hearing, does €ind and determine the following facts:
1, fhat the propos~d use is properly one for which a cond~tional use permit is
authorized by Anaheim Municipal Code Section 18.44.050.110 to permit conversion of an
existing 8,684 sq. ft. commercial center to a mortuary with the following waivers:
(a) Sect~~ns 18 06 050.0212
18.06.050.022
18 06 050.0266
18. . 0
and 1_._ 8•44•~66
(b) Sections 18.Q5.064.030
and 18.44.067
Minimum number of oarkine snace~
(70 spaces required; 55 proposed and
recommended by the City Traffic anci
Transportation Manager)
Prohibited siens.
{12oof statues prohibited; 4 roof-mounted
statues proposed)
CR3059PL.WP
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(c) Sections 18.~5.093.~)31
and 18•44•~67
~3~ cP~t~nnc ~ 8 05.093.032
and 18.44.067
(e) ~ections 18.U5.093.033
~ 1 44. 7
(~ Sections i~-05,093.0331
and 18•44•U67
(g) Sections 18 05.093.0341
and 18•44•U67
~...
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_ Maximum number of roaf siens.
(~one permitted 3Q0 feet from other
freestanding or roof signs, ,f~ur proposed)
_ Maximum area of roof signs.
_ Permitted location of roof signs.
( minimum 1 fp t required from abutting
parcel; 19 feet proposed)
_ Minimum distance between siens.
30~ feet required; 115 feet proposed)
_ Maximum heieht of illuminated roof siens.
2. That based on the findings contained in the submitted parking study, the
traffic generated by the proposed mortuary will not imp~se an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
3. That waiver (a), pertaining to parking, under the conditions imposed, will not
cause fewer off-street parking spaces to be provided for such use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal
and reasonably foreseeable c~nditions of operation of such use;
4. 'I'hat waiver (a), under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use;
5. That the waiver (a), under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private prop~rty in the
immediate vicinity of the proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section 18.06.010.020 of this Code);
6. That the waiver (a), under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for such use;
7. That the waiver (a), under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use;
S. That waivers (b), (c), (e) and (t~ are hereby denied on the basis that the
applicant agreed at the public hearing to remove all roof signs and to comply with the Sign
Code requirements;
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9, That waivers (d) and (g) are denied on the basis that they were delete
following public notification;
10. T:nat ttie proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code;
11. That the proposed use will not adversely affect tne adjoining land uses and
the growth and development of the area in which it is proposed to be located because the
proposed mortuary will compatible with, and will no! adversely affect, the adjoining
commercial and residential land uses;
12, That the size and shape of the site for the proposed use is adequaie to allow
the full development of the proposed use in a manner not detrimental to the pariicular
area nor to the peace, health, safety and general welfare;
13. That the traf~c generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the
area;
14. That 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; and
15. That three people spoke at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
ALIFORNIA ENVIRONMENTAL OUALITY ACT FINDIN : That the
Anaheim Cit}~ Planning Commission has reviewed the propo5al to permit conversion of an
existing 8,684 sq. ft. commercial center to a mortuary with waivers of (a) minimu m~imur-~
of parking spaces, (b) prohibited signs, (c) maximum number of roof signs, (d)
area of roof signs, (e) permitted location of roof signs, (t~ minimum distance between signs
and (g) maximum height of illuminated roof signs on a 0.51-acre property h~ving frontage
of 188 feet on the north side of Lincoln Avenue and a depth of 147 feet and located 95
feet west of the cente.rline of Grand Avenue (3107-3115 West Lincoln Avenue); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgement of the lead agency and that it has considered the Negative
l~eclaration together with a~ny comments received during the public 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.
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NOW, THEi2EFORE, BE IT RESOLVED that the Anaheim. City Planning
Commission does hereby grant suUject Petition for Conditional Use Permit, in part, upon
the osed use of thelsubject p operty n orde~lto preserve the safety and general welfare
prop
of the Citizens of the City of Anaheim:
1, That no roof-mounted equipment shall be p~ermitted unless fully screened from view
from all public streets and adjacent properties in accordance with the Anaheim
Municipal Code. The owner/developer sha;l show detailed screen information on the
plans submitted for building permits.
2. That the exi~t~*~g pole sign adjacent to Lincoln Avenue shall be removed and replaced
with a new monument sign at a maximum height of eight (8) feet as measured from
the grade of the sidewalk, including an eighteen (18) inch high landscaped base and
a maximum area of sixty ~ve (65) square feet.
3, 'rhat nine (9), minimum fifteen (15) gallon sized, trees shall be planted in the existing
landscape planter adjacent to Lincoln Avenue; and that said trees shall be planted on
maximum twenry (20) foot centers.
4, That the owner of subject property shall be resp~nsible for the removal of any on-site
graf~ti within twenty four (24~ hours of its application.
5. There shall be a minimum of fifty five (55) parking spaces provided on the site at all
times.
6 maanner intthe event thatlit dsie~iogedl damagedsd se seld and/oPldead in a timely
ry, That the proposed ~ours of operation will be limited to (as stipulated by the
petitioner):
8 a.m. to 8 p.m., seven days a week.
g. That trees shall not be unreasonably trimmed to achieve increased visibility of the
facility.
9, That the owner of subject property shall submit a letter requesting termination of
Conditional Use Permit Nos. 3564 (to permit a 2,688 sq. ft. convenience market) and
3077 (to permit a 9-unit commercial retaii center with waivers) to the Zoning Division.
10. That signage for subject facility shall be limited to that shown on the exhibits
submitted by the petitioner. Any additional signage shall be subject to approval by the
Planning Commission as a Reports and Recommendations item.
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11. That prior to the ope~ation of this business, a valid business license shall be obtained
from the City of Anaheim Business License Division of the Finance Department.
12. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim b?+ the petitioner and which plans are
on ~le with the Planning Department marked Exhibit Nos. 1 and 2.
13. lfiat prior to issuance of a building permit or within a period of one (1) year from the
date of this resolution, whichever occ~urs first, Condition Nos. 1, 9 and 17,
herein-mentioned, shall be complied with. Extensions for further time to comglete
said conditions may be grantPd in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
14. That prior to ~nal bailding and zoning inspections, Condition Nos. 2, 3 and 12,
above-mentioned, shall be compli~d with.
15. That approval of this application constitutes approval of the proposed request only to
the exten~t that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. P.pproval does not include any action
or ~ndings as to compl;ance or approval of the request regarding any othe: applicable
ordinance, regulation or requirement.
16. 'That the funeral parlor (assembly) room shall be limited to a r~aximum of seventy five
(75) people.
17. That the existing driv~way shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping. Two (2) new driveways shall be constructed to provide for
adequate traffic circulation and funeral parking, subject to the review and approval of
the City Traf~c and Transportation Manager.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby ~nd and determine that adoption of this Resolution is expressly predicate~
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
~nal judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION v a op~t ing Commission
meeting of September 29, 1997. ~i I, n 1~
30N - PRd TEMPORE
CITY PLANNING COMMISSION
ATTEST:
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORMA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Niargarita Solorio, 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 September 29, 1997, by the following vote of the members
thereof:
AYES: COMMISSIOIvERS: BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA
NOES: COMMISSIONERS: PdONE
ABSENT: COMMISSIONERS: BOSTWICK
/3~ day of
IN WITNESS WHEREOF, I have hereunto set rny hand this
~ Q,/~. , 1997.
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SECRETARY, NAHEIM CITY PLANNING COMMISSION
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