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CITY COUNCIL STAFF REPORT
DATE: September 5, 2007 PUBLIC HEARING
SUBJECT: CASE NO. 5,1158 CUP, A CONDITIONAL USE PERMIT APPLICATION
BY MARK MATTHEWS OF WIEFELS AND SONS FOR OPERATION OF
A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA,
ZONE M-1 (N), SECTION 19.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The applicant is requesting a Type II Conditional Use Permit to operate a pet
crematorium at 4515 Camino Parocela within the M-1 (N) zone as permitted under
Section 94.02.00(A)(2)(d) of the Palm Springs Zoning Code (PSZC). The proposed use
will be located in an existing building and no expansion of the building is requested.
The applicant is proposing to install a Matthew Cremation Division Power-Pak Jr. pet
cremation system.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE NO. 5.1158 CUP
FOR A CONDITIONAL USE PERMIT FOR OPERATION OF A PET
CREMATORIUM AT 4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19."
PRIOR ACTIONS:
On August 8, 2007, the project was reviewed by the Planning Commission and
recommended approval to the City Council by a vote of 6-0-1 (Marantz absent).
ITEM N\O.�—
City Council Staff Report Page 2 of 2
5.1158 CUP September 5,2007
STAFF ANALYSIS:
The pet crematorium would be located in a 1,280 square foot suite in an existing cinder
block building located on the northwest corner of Camino Parocela and Vella Road.
The approximately 20,562 square foot project site lies on the northwest portion of the
parcel. The front 300 square feet of the suite would be designated as a reception/office
area with the remaining 815 square feet and 165 square foot mezzanine being utilized
for cremation services. Access to the back of the building is taken via Vella Road where
a twelve (12) foot roll-up door is located. The building contains four (4) suites with
additional warehousing located in the rear of the site. The suite that the pet
crematorium would be located in is currently used for storage_ The remaining suites are
occupied and include a training center, an air conditioning repair company, a health
screening establishment and a cabinet workshop (which operates from the warehouse
portion of the site).
A more detailed analysis is provided in the attached Planning Commission Staff Report
dated August 8, 2007, Findings in support of approving the proposed project are
included in the attached draft resolution of approval.
A notice was mailed to all property owners within four hundred feet of the subject site as
required by State law and to all tenants and businesses within four hundred feet of the
subject site_ As of the writing of this staff report staff has not received any public
comment.
FISCAL IMPACT:
No fiscal impact.
ai . wing, A) Thomas Wilso /Assistant City Manager
Dir r of Pla t Services
David M_ Ready, City r
Attachments:
1. Vicinity Map
2. Draft Resolution and Conditions of Approval
3. Planning Commission Staff report dated August 8, 2007
4. Planning Commission Minutes dated August 8, 2007 (excerpt)
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CASE NO: 5.1158 CUP DESCRIPTION: Application for a Conditional Use
Permit to operate a pet crematory at 4515 Camino
APPLICANT: Mark Matthews Parocela, Zone M-1(N), Section 19- APN: 680-093-
011.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING CASE NO.
5.1158 CUP FOR A CONDITIONAL USE PERMIT FOR
OPERATION OF A PET CREMATORIUM AT 4515 CAMINO
PAROCELA, ,ZONE M-1 (N), SECTION 19.
WHEREAS, Mark Matthews of Wiefels & Son (Applicant) has filed an application with
the City pursuant to Section 94.02.00 of the Zoning Code for a Conditional Use Permit
to allow the operation of a pet crematorium; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs on August 8, 2007 to consider Case No. 5.1158 CUP was given in accordance
with applicable law; and
WHEREAS, on August 8, 2007, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, on August 8, 2007, the Planning Commission recommended approval of
Case No. 5.1158 CUP to the City Council, subject to conditions of approval; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case No. 5.1158 CUP was given in accordance with applicable law, and
WHEREAS, on September 5, 2007, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposal is considered a "project" under the provisions of the California
Environmental Quality Act (CEQA) and has been determined to be Categorically
Exempt as a Class 3 Conversion of a Small Structure pursuant to Section 15303 of the
CEQA Guidelines; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including, but not limited to, the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1:
The Conditional Use Permit process outlined in Section 94.02.00(B)(6) of the Zoning
Code requires the City Council to make a number of findings for approval of the permit.
The City Council finds:
a. That the use applied for at the location set forth in the application is properly one
which a Conditional Use Permit is authorized by the Zoning Ordinance.
000004
City Council Resolution September 5, 2007
Case No. 5.1158 CUP Page 2 of 4
Section 94.02.00 conditionally permits crematoriums to be located in any zone
unless expressly prohibited by that zone. The project is located in the M-1 (N)
zone which does not expressly prohibit crematoriums; therefore the use is
authorized by the zoning Code within the M-1 (N) zone subject to a Conditional
Use Permit.
b. That the said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located.
The use is necessary for the development of the community. Just as human
crematoriums are needed, pet crematoriums are needed for residents who have
particular concern for the way their pets are laid to rest. The project is in
harmony with the objectives and polices of the General Plan, including General
Plan Objective 3.30.a and General Plan Polices 3.30.5, 3.30.6, and 3.30.9.
The project is located in the M-1 (N) zone, which is designed for clean and
unobtrusive industrial and commercial uses. The project will not be intrusive to
permitted uses in the M-1 (N) zone or in the area, as it will not produce odor,
smoke, dust, heat or glare.
c. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping and other
features required in order to adjust said use to those existing or permitted future
uses of land in the neighborhood.
The site is adequate in shape and size to support the crematorium. The project
does not include expansion of the existing building nor does it include exterior
modifications. All activities will be performed inside the building and outdoor
storage is not proposed. The suite that the use is proposed is large enough to
accommodate the cremation system, a reception area, office area and restroom.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The proposed use will not generate inordinate amounts of traffic. The site is
located on a site that fronts on a Local Street (Camino Parocela) and side on a
Collector Street (Vella Road). The project does not include substantial amounts
of truck traffic or other bulk deliveries. Traffic generated by the use includes
customers and employees (3 maximum employees, 1 full-time). The use is
generally less intensive then other uses permitted under the M-1 zone.
Therefore, streets and highways related to the project site are designed and
improved to carry the type and quantity of traffic anticipated by the use.
000005
City Council Resolution September 5, 2007
Case No. 5.1158 CUP Page 3 of 4
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Code requirements and to ensure public health and safety. Adequate
measures will be taken to make sure that the applicant complies with all the
conditions of approval that addresses matters concerning public health, safety
and general welfare.
SECTION 2:
NOW, THEREFORE, BE IT RESOLVED THAT, based upon the foregoing, the City
Council hereby approves Case No. 5.1158 CUP, subject to those conditions set forth in
Exhibit A, which is attached hereto and made a part of this resolution.
ADOPTED this 5"' day of September, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
. 00000s
City Council Resolution September 5, 2007
Case No 5.1158 CUP Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 5, 2007, by the
following vote:
AYES:
NOES.
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
000007
RESOLUTION NO.
Case No. 5.1158 CUP
Pet Passages
4515 Camino Parocela
August 8, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a farm
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS-
PLANNING
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
la. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its legislative body,
advisory agencies, or administrative officers concerning Case No. 5.1158 CUP.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant shall
not, thereafter, be responsible to defend, indemnify, or hold harmless the City of
Palm Springs. Notwithstanding the foregoing, the City retains the right to settle
or abandon the matter without the applicant's consent but should it do so, the
City shall waive further indemnification hereunder, except, the City's decision to
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4515 Camino Parocela August 8, 2007
Case No. 5,1158 CUP Page 2 of 4
settle or abandon a matter following an adverse judgment or failure to appeal,
shall not cause a waiver of the indemnification rights herein.
2. Non-compliance with any of the conditions of this approval, or with City codes
and ordinances, State laws; any valid citizen complaints or policing and safety
problems (not limited to excessive alcohol consumption, noise, disturbances,
signs, etc) regarding the operation of the establishment; as determined by the
Chief of Police or the Director of Planning Services, may result in
commencement of proceedings to revoke the Conditional Use Permit pursuant to
Section 94.02.00 of the Zoning Code. In addition, violations of City Codes and
Ordinances will result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in accordance with law.
3. Commencement of the Conditional Use Permit approval shall be valid for a period
of two (2) years. Extensions of time may be granted by the City Council upon
demonstration of good cause.
4. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal period
has concluded.
5. Separate architectural approval and permits shall be required for any proposed
sign.
6. No sirens, outside paging, music speaker system or any type of signalization will be
permitted, except approved alarm systems.
7. No outside storage of any kind shall be permitted except as generally permitted
by the City's Zoning Code.
$. This use shall comply with the provisions of Section 11.74 Noise Ordinance of
the Palm Springs Municipal Code. Violations may result in revocation of this
Conditional Use Permit.
9. This use shall not emit smoke, dust, heat or glare in such quantities or degree as
to be detectable on any boundary line of the lot on which the use is located a
required by Section 92.16.04 (E) of the Palm Springs Zoning Code. Violations
may result in revocation of this Conditional Use Permit,
10. This use shall not emit obnoxious odors of any kind as require by Section
92.16.04 (F)(1) of the Palm Springs Zoning Code. Violations may result in
revocation of this Conditional Use Permit.
4515 Camino Parocela August 8, 2007
Case No, 5.1158 CUP Page 3 of 4
11. Manufacturer's specifications and limits on animal size shall be strictly adhered
to.
12. Human remains or other materials are not permitted to be cremated and/or
incinerated.
13. Cremated remains shall not be disposed of in any trash receptacle or in any
public right-of-way. The scattering of cremated remains on private property may
be done so only after the express consent of the property owner is given.
14. This permit allows for operation of one (1) Matthews Cremation Division Power-
Pak Jr. pet cremation system (Model No. IE43-PPJR). Any changes in the
number of cremation systems to be operated or changes to the type or model of
cremation system to be operated shall require staff review and approval.
15. Prior to issuance of certificate of occupancy, the applicant shall secure permits
from the South Coast Air Quality Management District (SCAQMD) as required by
the agency.
16. Prior to issuance of certificate of occupancy, the applicant shall secure permits
from the Riverside County Department of Environmental Health as required by
the agency.
FIRE
17. Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. (901.4.4 CFC)
18. The use shall comply with all requirements, rules and regulations of the Palm
Springs Fire Department.
19. The permitted cremation system shall be installed in accordance with
manufacturer's recommended installation specifications for clearance.
20. Any changes to clearance specifications shall be reviewed and approved by the
Fire Department.
21. The permitted cremation system stack shall be installed in accordance with
manufacturer's specifications.
22. Prior to installation of the cremation system, plans shall be submitted to the Fire
Department for review and approval.
00-001G
4515 Camino Parocela August 8, 2007
Case No. 5.1158 CUP Page 4 of 4
23. One (1) model 2A-10B:C fire extinguisher shall be placed and properly
maintained in the office portion of the suite, in accordance with the requirements
of the Fire Department. Extinguishers shall be mounted in a visible, accessible
location 3 to 5 feet above floor level. Preferred location is in the path of exit
travel or near an exit door.
24. One (1) model 2A-10B:C fire extinguisher shall be placed and properly
maintained in the crematorium portion of the suite, in accordance with the
requirements of the Fire Department. Extinguishers shall be mounted in a
visible, accessible location 3 to 5 feet above floor level. Preferred location is in
the path of exit travel or near an exit door.
BUILDING
25. The applicant shall obtain permits for installation of the cremation system and
occupancy, as required by the Building Department.
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p A L M SpP
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I
Planning Commission Staff Report
Date: August 8, 2007
Case No.: 5.1158
Application Type: Type II Conditional Use Permit
Location: 4515 Camino Parocela
Applicant: Mark Matthews, Wiefels & Son
Zone: M-1 (N) (Service/Manufacturing (Non-Suit Covenant))
General Plan: IND (Business/Industrial)
APN: 680-093-011
From: Edward Robertson, AICP, Acting Director of Planning Services
Project Planner: Christopher Brown, Contract Planner
PROJECT DESCRIPTION
The applicant is requesting a Type II Conditional Use Permit to operate a pet
crematorium at 4515 Camino Parocela within the M-1 (N) zone as permitted under
Section 94.02.00(A)(2)(d) of the Palm Springs Zoning Code (PSZC). The proposed use
will be located in an existing building and no expansion of the building is requested.
The applicant is proposing to install a Matthew Cremation Division Power-Pak Jr. pet
cremation system.
RECOMMENDATION
That the Planning Commission recommend approval of a Conditional Use Permit to the
City Council for Mark Matthews of Wiefels & Son to operate a pet crematorium at 4515
Camino Parocela.
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Planning Commission Stsff Report August 8,2007
Case:5.1158 Page 2 of 8
BACKGROUND AND SETTING
The pet crematorium would be located in a 1,280 square foot suite in an existing cinder
block building located on the northwest corner of Camino Parocela and Vella Road_
The approximately 20,562 square foot project site lies on the northwest portion of the
parcel. The front 300 square feet of the suite would be designated as a reception/office
area with the remaining 815 square feet and 165 square foot mezzanine being utilized
for cremation services. Access to the back of the building is taken via Vella Road where
a twelve (12) foot roll-up door is located. The building contains four (4) suites with
additional warehousing located in the rear of the site. The suite that the pet
crematorium would be located in is currently used for storage. The remaining suites are
occupied and include a training center, an air conditioning repair company, a health
screening establishment and a cabinet workshop (which operates from the warehouse
portion of the site).
The project site is located in a largely commercial portion of the City. To the north lies a
small church and deli. A general contractor and engineering firm is located to the east.
To the south is a mortuary services, a chapel and a human crematoriums operated by
the project applicant. The parcel to the west is an undeveloped residential parcel_
Table 1: Surrounding land uses, General Plan, Zoning
Land Use General Plan zoning
North Commercial IND M-1 N
East Industrial IND M 1 N
South Commercial IND M-1 N
West Vacant IND R-1-C (N
The pet crematorium is proposed to handle small to large sized pets (under 200 Ibs at
75 Ibs per hour). The applicant proposes to install a Matthews Cremation Division (no
relation to the applicant) Power Pak Jr. pet cremation system. The unit processes
material in the primary chamber at 1,2W F to 1, 5000 F and 1,400' F to 1,800' F in
the secondary chamber (afterburner). This unit includes features that eliminate smoke
and odor and automatically monitors and regulates stack emissions. Animal remains
are generally returned to the pet owner. In the case that the owner does not request the
remains, arrangements are made to deposit the remains in a pet cemetery or they may
be scattered as directed by the pet owner.
The applicant owns two (2) human crematoriums at 690 South Vella Road (south of the
project site) and a review of Code Enforcement records did not find any violations from
these facilities.
2 000013
Planning Commission Staff Report August 8 2007
Case:5.1158 Page 3 of 8
ANALYSIS
General Plan Consistency
The project is located within the IND (Business/Industrial) land use designation of the
General Plan. The General Plan promotes industrial and commercial activities which do
not disturb the resort-residential environment of the City.
General Plan Policy 3.30.a promotes service industries that do not create smoke, odor
or soot in a manner which might be obnoxious or offensive. The applicant is proposing
to install a Power Pak Jr. cremation system. This system includes Smoke Buster 65,
which eliminates smoke and odor through an intense afterburner process.
General Plan Policy 3.30.5 requires unobtrusive operations which do not pose a danger
to adjacent uses or the environment. The proposed cremation system is constructed in
compliance with the standards of Underwriter Laboratories (UL) and Incineration
Institute of America to ensure the safety of the unit. The unit includes ultraviolet flame
detection and safety interlocks to further ensure safety. Additionally, specifications for
the unit have been reviewed by the Building and Fire Departments, who did not identify
any extraordinary safety concerns. The use does not pose an undue threat to the
environment as well. The unit includes pollution and emission control systems and
controls for smoke and odor. Operation of the unit is subject to permitting by the South
Coast Air Quality Management District (SCQAMD) who sets specific operating
conditions of approval and performs inspections to ensure that the use is conforming
with the terms of the permit.
General Plan Policy 3.30.6 allows for the service commercial uses, which is consistent
with the applicant proposal for a pet crematorium.
General Plan Policy 3.30.9 discourages outdoor storage. The applicant is not proposing
any outdoor storage in conjunction with this use.
After review of the General plan and the proposed use, Staff finds that the project is
consistent with the intent of the General Plan.
Zoning Consistency
The proposed use is located within the M-1 (N) (Service/Manufacturing (Non-Suit
Covenant)) zoning district. Pursuant to Section 92.17.00 (a) and (b) of the PSZC, the
M-1 service/manufacturing zone is intended for commercial service uses that will not
disrupt other uses in surrounding areas or disrupt the resort-residential environment of
the City. Per Section 94.02.00 (A)(2)(d) of the PSZC, a crematorium may be
conditionally permitted by the City Council if crematoriums are not expressly prohibited.
Crematoriums are not expressly prohibited in the M-1 zone and therefore may be
conditionally permitted by the City Council. The project site is also located in the "N"
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Planning Commission Staff Report August 8,2007
Case:5.1158 Page 4 of 8
noise impact and nonsuit covenant combining zone. This overlay is designated to
protect new construction and sensitive receptors from impacts due to airport operation.
The project will not require additional conditions due to the "N" overlay zone in that it
involves no new construction and is not considered a sensitive receptor. (PSZC, Sec.
92.19.00)
Parking
The project is located on a site that is an existing non-conforming use in regards to
parking. The site currently includes ten (10) standard parking spaces and no
handicapped parking spaces. Under the current PSZC, the property is required to
provide 28 parking spaces, as follows:
Table 2: Existing Building - Required Parking Spaces
Use Quantit Unit Divisor Required Spaces
Office non-medical 4,800 s . ft. 200 24
Warehouse 3,060 sq. ft. 800 4
Total Spaces 28
In accordance with Section 93.06.00 (13)(3)(a), additional parking is not required if the
building is not being expanded and therefore the applicant is not required to provide
additional parking spaces. Section 93.06.00 (13)(3)(d) requires that when an existing
use is replaced by another use, the new use must meet the intent of the current parking
requirements. Under the current code, the applicant would be required to provide three
(3) parking spaces, as follows:
Table 3: Proposed Use - Required Parking Spaces
Use* Quantity Unit Divisor Required Spaces
Office non-medical 300 1 sq. ft. 200 1
Industrial 980 sq. ft- 500 2
Total Spaces 3
Staff believes that the use is compatible with the current parking arrangement and the
intent of current parking regulations is met. The proposed use is a low traffic use with
few employees, similar to the other uses in the building.
Performance Standards
The proposed use is subject to performance standards under Section 92.17.04 of the
PSZC. Performance standards set specific requirements for the operation of uses
within a zone that are to be abided by at all times.
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Planning Commission Staff Report August 8,2007
Case-5,1158 Page 5 of 8
The use does not require the storage of inflammable or explosive materials. Section
92.17.04 (A)(1) and section 92.17,04 (A)(2) of the PSZC specifically prohibits
incineration- However, after Staff's review of the project and discussions with the Fire
Department, it has been determined that cremation and incineration are different uses.
Incineration involves the burning of materials, such as trash, medical waste and other
substances. These substances have the potential for toxic chemical releases,
explosions and other hazards. Cremation only involves the burning of remains, and
therefore does not have the same hazards associated with it-
The use is required to operate in a manner such that smoke, dust, heat and glare are
not readily detectable on any boundary line per Section 92.17.04 (F) of the PSZC. The
use would not emit dust or glare, in that the use is in an enclosed structure and
operations will not take place outside. The unit would not exhaust smoke, due to built in
controls designed to eliminate smoke. The unit would not produce excessive amounts
of heat that will be detectable from the property line. The unit includes insulated brick
and insulated block, constituting over twelve (12) inches of insulation for both chambers.
Section 92.17.04 (F) of the PSZC prohibits the emission of obnoxious odors- The
project would not emit obnoxious odors, as the cremation system is designed to
eliminate odors.
After review of the Zoning Code, Staff finds that the project is consistent with the
provisions of the Zoning Code.
Fire and Building Department Review
The project was reviewed by the Fire Department and the Building Department. Fire
noted that a 2A-10B:C fire extinguisher would be required in both the office and
crematory areas of the suite- Fire also indicated that the unit would need to be installed
according to manufacturer's recommendations. Staff received manufacturer's
specifications for installation of the unit and has included the manufacturer's
recommended installation requirements as conditions of approval. The recommended
specifications make it easier for the unit to be serviced- Installation of the exhaust stack
is also required to be installed in accordance with manufacturer's specifications.
South Coast Air Quality Management District
The applicant is required to obtain a Permit to Operate and Construct (Form 400-A)
from SCAQMD. The permit includes conditions, including:
That the afterburner operate at all times during the process
• That the afterburner be kept at 1,5000 F
• Limitations on pounds per day and/or pounds per month that may be
processed
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Planning Commission Staff Report August 8,2007
Case:5.1158 Page 6 of 8
A condition of approval has been included to ensure that the applicant obtain any
appropriate permits from SCAQMD.
County of Riverside Environmental Health
The applicant may be required to obtain permits from Environmental Health
depending on the amounts of chemicals and/or compressed gas the operation
may require. A condition of approval has been included requiring the applicant to
obtain permits from Environmental Health, as needed.
REQUIRED FINDINGS
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the
permit. Those findings are analyzed by staff below:
a. That the use applied for at the location set forth in the application is properly one
which a Conditional Use Permit is authorized by the Zoning Ordinance.
Section 94.02.00 conditionally permits crematoriums to be located in any zone
unless expressly prohibited by that zone. The project is located in the M-1 (N)
zone which does not expressly prohibit crematoriums; therefore the use is
authorized by the zoning Code in the M-1 (N) zone subject to a Conditional Use
Permit.
b. That the said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located.
The use is necessary for the development of the community. Just as human
crematoriums are needed, pet crematoriums are needed for residents who have
particular concern for the way their pets are laid to rest. The project is in
harmony with the objectives and polices of the General Plan, including General
Plan Objective 3.30.a and General Plan Polices 3.30.5, 3.30.6, and 3.30.9.
The project is located within the M-1 (N) zone, which is designed for clean and
unobtrusive industrial and commercial uses. The project will not be intrusive to
permitted uses in the M-1 (N) zone or in the area, as it will not produce odor,
smoke, dust, heat or glare.
c. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping and other
features required in order to adjust said use to those existing or permitted future
uses of land in the neighborhood.
The site is adequate in shape and size to support the crematorium. The project
does not include expansion of the existing building nor does it include exterior
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Planning Commission Staff Report August 8,2007
Case:5.1158 Page 7 of 8
modifications. All activities will be performed inside the building and outdoor
storage is not proposed. The suite that the use is proposed is large enough to
accommodate the cremation system, a reception area, office area and restroom.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The proposed use will not generate inordinate amounts of traffic. The site is
located on a site that fronts on a Local Street (Camino Parocela) and side on a
Collector Street (Vella Road). The project does not include substantial amounts
of truck traffic or other bulk deliveries. Traffic generated by the use includes
customers and employees (three (3) maximum employees, one (1) full-time).
The use is generally less intensive then other uses permitted under the M-1
zone. Therefore, streets and highways related to the project site are designed
and improved to carry the type and quantity of traffic anticipated by the use.
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Code requirements and to ensure public health and safety. Adequate
measures will be taken to make sure that the applicant complies with all the
conditions of approval that addresses matters concerning public health, safety
and general welfare.
ENVIRONMENTAL ASSESSMENT
The use has been determined to be Categorically Exempt from the provisions of the
California Environmental Quality Act (CEQA) as a Class 3 New Construction or
Conversion of a Small Structure pursuant to Sections 15303 of the CEQA Guidelines.
The project involves the conversion of an existing small structure from one use to
another. The suite that the project will take place in is under 10,000 square feet and
does not involve the use of significant amounts of hazardous materials.
NOTIFICATION
A public hearing notice was advertised and was mailed to all property owners within 400
feet of the subject property/adjacent property owners. As of the writing of this report,
staff has not received any comment.
000018
7
POnn g omm ion Staff Report August 8.2007
Gas '5 1158 � Page 8 of 8
Christopher Brown Ldward 0. o ertson
Contract Planner Acting Director of Planning Services
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution
I Site Plan
4, Power-Pak Jr. Pet Cremation System Product Cut-Sheet
5. Power-Pak Jr. Plan View and Elevations
6. Power-Pak Jr. Stack Detail
8 000019
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Legend i
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000020
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING APPROVAL OF CASE NO. 5.1158 CUP
TO THE CITY COUNCIL FOR A CONDITIONAL USE
PERMIT FOR OPERATION OF A PET CREMATORIUM AT
4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19.
WHEREAS, Mark Matthews of Wiefels & Son (Applicant) has filed an application with
the City pursuant to Section 94.02.00 of the Zoning Code for a Conditional Use Permit
to allow the operation of a pet crematorium; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1158 CUP was given in accordance with applicable
law; and
WHEREAS, on August 8, 2007, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposal is considered a "project" under the provisions of the California
Environmental Quality Act (CEQA) and has been determined to be Categorically
Exempt as a Class 3 Conversion of a Small Structure pursuant to Section 15303 of the
CEQA Guidelines; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
SECTION 1:
The Conditional Use Permit process outlined in Section 94.02.00(B)(6) of the Zoning
Code requires the Planning Commission to make a number of findings for approval of
the permit. The Planning Commission finds:
a. That the use applied for at the location set forth in the application is properly one
which a Conditional Use Permit is authorized by the Zoning Ordinance.
Section 94.02.00 conditionally permits crematoriums to be located in any zone
unless expressly prohibited by that zone. The project is located in the M-1 (N)
zone which does not expressly prohibit crematoriums; therefore the use is
authorized by the Zoning Code within the M-1 (N) zone subject to a Conditional
Use Permit.
b. That the said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located. 0 00 02 1
Planning Commission Resolution August 8, 2007
Case No, 5.1158 CUP Page 2 of 3
The use is necessary for the development of the community. Just as human
crematoriums are needed, pet crematoriums are needed for residents who have
particular concern for the way their pets are laid to rest. The project is in
harmony with the objectives and polices of the General Plan, including General
Plan Objective 3.30.a and General Plan Polices 3.30.5, 3.30.6, and 3.30.9.
The project is located in the M-1 (N) zone, which is designed for clean and
unobtrusive industrial and commercial uses. The project will not be intrusive to
permitted uses in the M-1 (N) zone or in the area, as it will not produce odor,
smoke, dust, heat or glare.
c. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping and other
features required in order to adjust said use to those existing or permitted future
uses of land in the neighborhood.
The site is adequate in shape and size to support the crematorium. The project
does not include expansion of the existing building nor does it include exterior
modifications. All activities will be performed inside the building and outdoor
storage is not proposed. The suite that the use is proposed is large enough to
accommodate the cremation system, a reception area, office area and restroom.
d, That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The proposed use will not generate inordinate amounts of traffic. The site is
located on a site that fronts on a Local Street (Camino Parocela) and side on a
Collector Street (Vella Road). The project does not include substantial amounts
of truck traffic or other bulk deliveries. Traffic generated by the use includes
customers and employees (3 maximum employees, 1 full-time). The use is
generally less intensive then other uses permitted under the M-1 zone.
Therefore, streets and highways related to the project site are designed and
improved to carry the type and quantity of traffic anticipated by the use.
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Code requirements and to ensure public health and safety. Adequate
measures will be taken to make sure that the applicant complies with all the
conditions of approval that addresses matters concerning public health, safety
and general welfare.
900022
Planning Commission Resolution August 8, 2007
Case No. 5,1158 CUP Page 3 of 3
SECTION 2:
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission recommends approval of Case No_ 5.1158 CUP to the City Council,
subject to the recommended conditions contained in Exhibit A, which is attached hereto
and made a part of this resolution_
ADOPTED this St" day of August, 2007,
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Craig A. Ewing, AICP
Director of Planning Services
000023
RESOLUTION NO.
Case No. 5.1158 CUP
Pet Passages
4515 Camino Parocela
August 8, 2007
DRAFT LEGISLATIVE CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS:
PLANNING
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations-
Ia. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its legislative body,
advisory agencies, or administrative officers concerning Case No. 5.1158 CUP.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant shall
not, thereafter, be responsible to defend, indemnify, or,hold harmless the City of
Palm Springs. Notwithstanding the foregoing, the City retains the right to settle
or abandon the matter without the applicant's consent but should it do so, the
City shall waive further indemnification hereunder, except, the City's decision to
000024
4515 Camino Parorela August 8, 2007
Case No. 5,1158 CUP Page 2 of 4
settle or abandon a matter following an adverse judgment or failure to appeal,
shall not cause a waiver of the indemnification rights herein.
2. Non-compliance with any of the conditions of this approval, or with City codes
and ordinances, State laws; any valid citizen complaints or policing and safety
problems (not limited to excessive alcohol consumption, noise, disturbances,
signs, etc) regarding the operation of the establishment; as determined by the
Chief of Police or the Director of Planning Services, may result in
commencement of proceedings to revoke the Conditional Use Permit pursuant to
Section 94.02.00 of the Zoning Code. In addition, violations of City Codes and
Ordinances will result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in accordance with law.
3. Commencement of the Conditional Use Permit approval shall be valid for a period
of two (2) years. Extensions of time may be granted by the City Council upon
demonstration of good cause.
4. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal period
has concluded.
5. Separate architectural approval and permits shall be required for any proposed
sign.
6. No sirens, outside paging, music speaker system or any type of signalization will be
permitted, except approved alarm systems.
7. No outside storage of any kind shall be permitted except as generally permitted
by the City's Zoning Code.
8. This use shall comply with the provisions of Section 11.74 Noise Ordinance of
the Palm Springs Municipal Code. Violations may result in revocation of this
Conditional Use Permit.
9. This use shall not emit smoke, dust, heat or glare in such quantities or degree as
to be detectable on any boundary line of the lot on which the use is located a
required by Section 92.16.04 (E) of the Palm Springs Zoning Code. Violations
may result in revocation of this Conditional Use Permit.
10_ This use shall not emit obnoxious odors of any kind as require by Section
92.16.04 (F)(1) of the Palm Springs Zoning Code. Violations may result in
revocation of this Conditional Use Permit.
000025
4515 Camino ParOoela August 8, 2007
Case No. 5.1158 CUP Page 3 of 4
11, Manufacturer's specifications and limits on animal size shall be strictly adhered
to.
12_ Human remains or other materials are not permitted to be cremated and/or
incinerated.
13. Cremated remains shall not be disposed of in any trash receptacle or in any
public right-of-way. The scattering of cremated remains on private property may
be done so only after the express consent of the property owner is given.
14. This permit allows for operation of one (1) Matthews Cremation Division Power-
Pak Jr. pet cremation system (Model No. IE43-PPJR). Any changes in the
number of cremation systems to be operated or changes to the type or model of
cremation system to be operated shall require staff review and approval.
15, Prior to issuance of certificate of occupancy, the applicant shall secure permits
from the South Coast Air Quality Management District (SCAQMD) as required by
the agency.
16. Prior to issuance of certificate of occupancy, the applicant shall secure permits
from the Riverside County Department of Environmental Health as required by
the agency.
FIRE
IT Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. (901.4.4 CFC)
18, The use shall comply with all requirements, rules and regulations of the Palm
Springs Fire Department.
19. The permitted cremation system shall be installed in accordance with
manufacturer's recommended installation specifications for clearance.
20. Any changes to clearance specifications shall be reviewed and approved by the
Fire Department.
21. The permitted cremation system stack shall be installed in accordance with
manufacturer's specifications.
22. Prior to installation of the cremation system, plans shall be submitted to the Fire
Department for review and approval.
000026
4515 Camino Parocela August 8, 2007
Case No. 5,1158 CUP Page 4 of 4 7
23. One (1) model 2A-10B:C fire extinguisher shall be placed and properly
maintained in the office portion of the suite, in accordance with the requirements
of the Fire Department. Extinguishers shall be mounted in a visible, accessible
location 3 to 5 feet above floor level. Preferred location is in the path of exit
travel or near an exit door.
24. One (1) model 2A-10B:C fire extinguisher shall be placed and properly
maintained in the crematorium portion of the suite, in accordance with the
requirements of the Fire Department. Extinguishers shall be mounted in a
visible, accessible location 3 to 5 feet above floor level. Preferred location is in
the path of exit travel or near an exit door.
BUILDING
25. The applicant shall obtain permits for installation of the cremation system and
occupancy, as required by the Building Department.
000027
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000028
Who is Matthews
Cremation Division?
Matthews Cremation division
is the successor of the two
rpremier manufacturers of
cremation equipment—
Industrial Equipment&
Engineering(IEE)and ALL
Crematory(ALL).We are the
- , global leader in cremation
equipment sales,service
and repair.Representing the
highest standards for safety,
we manufacture a wide
i
range of human and animal
cremation equipment.As a
full-service provider,we offer
accessory equipment,supplies
and memorial products to meet
your business requirements.
c
Over 95/o of our cremators
i
are still operating,including
some manufactured more than
40 years ago.Discover why
Matthews Cremation Division
Is the most trusted name
In cremation products
and services.
1
@IEM
The Standard of Excellence in Cremation Solutions. Insglalle°`"'`"Dess—
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•Steel frame canstruction,finisbed '
wHh'heavy'gauge Stainless steel:
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Deluxe Processing'Wur4tation
Similar features to the ECP and YPS•1 i
Processing station with additional benefits:'
•Cooling station for cremated remans
•'Built in temporary container filler, ,`
•No perforated screens or drums to clog
and eliminates potential'commingling.
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DOOR HOOD
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V-10 3/s• COIITROL- STACK CCdITRCL-
DOOR LATCH �. i`n FOR R{STALJr RECEIVER STACK
ITT ER
SYSTEM �11� [,5B m] 1
CONTROL n AFTER
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CONTROL CREMATION
CABINET
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LOADING RECORDER TEMPERATURE
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LOADING i o [ G9 m]
[1.D2 m3—'1 ROLLERirxrSPE.e r.YCL�
3o COLLECTIaN m BLOWER
PAN a
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s-a [1.6 m]----I JACKING Luc 8'-8 1/2" [2.455 m]--{
6,MY [1.95 m] (4) TOTAL W-10' C.1..T m] MAX. LENGTH
MAX. %1Ghl
FRONT RIGHT SIDE
ELEVATION NOTES: ELIVA71ON
1) CONTROL CABINET SIDES.
HO'J NTS av D.ELY. [.51 m]R
LEFT OR RIGCABIN SICES, T R 14 UN1T'S 2' [51 mm] FIP GAS CONN .m E
2) CHAMBER WIDTH f5 39- [0.99m]. 024' [00.61 m] I
OUTSIDE DIAMETER STACK
i
Ir� STACK CR BURNER
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'WHISPER SY:£LD" {+ LIFTING LUGS �AFTER
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(4) TOTAL 1O z CABINE7 ON SIDE OF UNIT
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ANCHOR LUG ACCESS I 2'-8" [.E m] M44. REAR
{2) TOTAL 11. PANEL CLEARANCE RECOVENDED
REAR PLAN
ELEVATION
� VIEW
POWER—PAK Jr DATE: i0-26-0I SCALE: 1/4'=1'
Q Lf�1CW5 20045 Sprint Boufcvard DRAS'.N. JG PLOT SCALE: ]r48
�a 1 popka, Florida 32703 PLAN & ELEVATIONS INCL: CLEARANCES, APRVD. SiHEET: 1 OF. 2
USA R£QUIR£NENTS & RECOMENDATIONS D" FILE. AP9-MorkeMnrrP[a�eeYR2
CREMATOR CLEARANCES CREMATOR REQUIREMENTS STACK INSTALLATION INSTRUCTIONS
RECOMMFNDE FAINIl.3UM FUEL: A PRESSURE REGULATOR AOJUSTABLE 1. APPLY A 1/2' THICK MORTAR JOINT TO EXPOSEDJi EFRACTORY SURFACE IN
O TO 7' [17L mm] W.C. FOR NATURAL GAS. SiACX RD4G. LONER THE BA S_ STACN SEC10Y 6 ONTO STACK RING ® ANO
TOP; 2 FEET [6110 mm] 1 INCHES [152 mm) OR 1f' [279 mm] W.G. FOR LP GAS. FASTEN WTTH HARDWARE PROVIDED (NO MORE THAN (2) STACK SECTIONS STALL
CABNET 510[. 4 FEET 1.22 m] 4 FEET [1,22 m] RE LIFTED TOGETHER]. REPEAT PROCESS FOR REMAINING STACK SECTIONS. F
OTRER 510E 2 FEET fit❑ mm] 5 INCHES [152 rcm] CAPACITY: RANGES FROM 2.0 TO 3.0 MILLION SECTIONS OF VARYIND LENGTHS ARE SUPPLIED, ASSEMBLE AS TO AVOID
FRONT: 9 FEET 2.74 m] B FEET [2.44 m] BTO/}{R [2A TO 3.1 MILLION FLANGES & LIFTING EYES 11ffERFERiNO WITH RAIN COLLAR LOCATION.
REAR: 3 FEET (0.91 m] 72 INCHES [612 mm] KiLOJCULES/FJR] DEPENDING UPON
STACK: 6 INCHES [152 mm] 6 INCHES (152 mm] AMOUNT LT BURNERS 2. INSTALL STORM. COLLAR ON STACK, ]' [72 mm] ABOVE NON-COMBUSTIBLE
ELECMCAU 230 VOLT, 34. (40A BREAKER) LINER (FLASHING), ALLOWNG FOR PROPER VENTILATILIV (SEE DETAIL).
1. FM CLEARANCES OTHER THAN TH O� SMCD OR FOR AND 115v 10A BREAKER). DR 230 VOLT, 3. APPLY A }
SPECIAL REQUIREMENTS. CONSULT YOUR MCD REP. 10, (70A BREAKER] AND 115Y (1OA /4„ [B mm] TEED IN HIGH-TEA{p TEE STORM
SILICON SEALANT
(PRD4IDEQ BY L1CDJ i0 THE JOINT BETWEEN THE STORM COLLAR C� AND THE
O2. FROM HIC F'cST POINT 0.V UNIT.i. BREAKER[ 50/60 HERB STACK �B
3. CONTROL CABINET MOUNTS ON UNITS LEFT OR RIGHT AIR. LOUVER NEAR THE REAR Of THE UNIT 4. STORM COLLAR 15 FURNISHEO BY MOO. ME NON-0012USTIBLE LINER
SIDES, CR REMOTELY. (SEE PLAN VIEW. SHEET 1). CAPABLE OF PASSING 2,500 CU FT/MIN (FLASHING) TO BE PRONOED BY THE OTHERS,
[70.6 CU M/MN] OF FREE AIR (36" X
36") 1914 mm X 914 mm] & IF FIFTY PERCENT OF THE STACK LENGTH IS ARO',E ME ROOF, GUY PARES MAY
THAN THE SAC 4. REAR OF U REFERS TO THE 'BACK PLATE', RATHER BE REQUIRED. CONSULT WITH YOUR MCD REP.
N OF' THE '1Yd�5FE4 SHiEVJ" (SBE PLAN NEW,
SHEET 1}, G. RAIN CAP HOT REQUIRED
24"0 O.D.
(.61 m) STACK 15"o I.D.
TEST PORTS (2) LIFTLYG EYES
TO E I PER STACK SE
�0 L A
15 D. ABOVE ROOF LINE ROOF NE 36' [,91 mj NIN ILIUM STACK 8
(.38 rn) (IF EQUPPED) ABOVE ROOT PEAK
(MAY VARY BY LOCATION).
m 43' [1.09 m] STORM COLLAR / SEE fl.
•O• DRAN9AND 24"o 0.D. �RBOL'E.
CONNECTION
C FASTEN FLANGES TOGETHER
STORM COLLAR WTH HARDWARE PROVIDED. I
1 I
3' [762 mm] STACK INSTALLATION
DETAIL
ROUND FLASHING
(NON-COMBUSTIBLE OVER) 8
MUST BE 40' [1.E2 m] / 6" [152.+ mm] MINIMUM SEE f1.
DIAMETER FOR PROPER J FLASHING ABOVE HiCHEST STACK BASE SECTION HAS �AB OVC
STORM COLLAR OVERLAP r RCOF OPINING POINT POLLUTION CONTROL PORTS WHICH STALL
(SEE STACK INSTALLATION INSTRUCTG0. s d3 & A AIR FLOW AROUND FACE FRONT AND REAR RELATIVE TO UNIT
STACK MUST NOT FASTEN FLANGES TOGETHER
BE OBSTRUCTED WITH HARDWARE PROVIDED.
6" [152,4 mm] SECTON JOINING FLANGE t A
IAIKIL{DM FLASHI:G +I �1
BELOW ANY ROOF PENETRATION STACK RING
COMBUSTIBLES. DETAIL ATTACHED TO UNIT
C 040' [1.02 m]
REQUIRED FOR PROPER POWER—PAK Jr DATE: 10-26-03 SCAIE: 1 z"=1'
Q STACK CLEARANCE 2045 Sprint Boulcvard DRAM: JG PLOT SCALE: 1:24
m 9 Apopka. FlDrldo 32703 STACK DETAILS, CLEARANCES & APRVO: SHEET: 2 OF: 2
W USA INSTALLATION INSTRUCTIONS, DiNr FLE: PPJr—MarkeliS Bla CxRe IS2R4
REFRACTORY STACK DETAIL 0 c Jp, Qoaes+
City of Palm Springs
Planning Commission Minutes
of August 8, 2007
S. Case 5.1168 CUP - An application by Mark Matthews, on behalf of Wiefels &
Sons, for a Conditional Use Pen-nit to operate a petianimal crematorium
located at 4515 Camino Parocela, Zone M-1, Section 19, APN: 680-093-011.
(Project Planner: Christopher Brown, Contract Planner)
Christopher Brown, Contract Planner, provided background information as outlined in
the staff report dated August 8, 2007.
Chair Hochanadel opened the public hearing:
-Jim Cioffi, architect for the project, was available for questions from the Commission.
There being no further appearances, the public hearing was closed.
M/S/C (Ringlein/Scott, 6-0, 1 absent/Chair Marantz) To recommend approval to the
City Council, subject to Conditions of Approval.
6. Case 5.1161 CUP - An application by D.R. West, LLC for the construction of
two Building Pads and the use of a drive-through facility within the
Gene Autry Plaza shopping center located at the southeast corner of Ramon
Road and Gene Autry Trail, zone M-1, Section 20, APN: 680-170-
044. (Project Planner: David A. Newell, Assistant Planner)
David Newell, Assistant Planner, provided background information as outlined in the
staff report dated August 8, 2007.
Commissioner Scott requested staff address how many drive-through facilities will be
allowed. Staff confirmed the drive-through use is for only one facility.
Chair Hochanadel opened the public hearing, and there being no appearances, the
public hearing was closed.
M/S/C (Scott/Cohen, 6-0, 1 absent/Chair Marantz) To approve, subject to Conditions of
Approval.
7. COMMISSION WORK PROGRAM: Work Program Priorities and
Subcommittee Assignments
Craig A. Ewing reported the City Council extended the urgency ordinance for office uses
on the first floor in the CBD zone and therefore the Commission will discuss this topic at
their September study session.
000034
4
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
4)
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
City Council Meeting Date: September 6, 2007
Subject: APPLICATION BY MARK MATTHEWS OF DESERT CREMATION
SOCIETY, INC. FOR A CONDITIONAL USE PERMIT TO OPERATE A
SMALL PET CREMATORIUM
AFFIDAVIT OF MAILING
1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on August 22, 2007, in a sealed envelop, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(60 notices mailed).
I declare under penalty of perjury that the foregoing is true and correct.
A�Wer
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk an August 22, 2007.
I declare under penalty of perjury that the foregoing is true and correct.
Dolores Strickstein, Secretary
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on August 25, 2007.
1 declare under penaltyof perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk 0000315
0
PROOF OF PUBLICATION This is space for County Clcrk's Filing Stamp
(2015.5.C.C.P)
No. 2661
STATE OF CALIFORNIA NOTICE OF COLT CILC HEARING
CITYCounty of Riverside CITY OF PALM SPRINGS -
CASE 5.1158 CONDITIONAL OSE PERMIT
4515 Camino Parocela
NOTICE IS HEREBY GIVEN that the City Council
of the City of Palm Springs California,will hold a
ppublic hearing at Ito mee{Ing of September 5
2007. , a city Councl meeanp begins at 6,00
p m., in the Counctl Chainbar at Cdy Hell. 3200
EJst Tall Canyon Way, Palm SSprings.
I cm a citizen of the United States and a resident of
the Countyaforesaid;I am over the age of ei hteen The ppurpose of this hearing is to consider-an-ap-
g g pIlcatIon by Mark Matthews of Desert-Cremation
years,and not a party to or interested ill the Satiety,Inc.for a Conditional Use Permit to oper.
ate a small pet crematorium In an existing, 1,280
above-entitled matter.I am the principal clerk of a square fact commercial site,The proposed pet
cromatlon system Is an Underwriter Laboratories
printer of the,DESERT SUN PUBLISIIING (ILL) listed unit that consumes and destroys
COMPANY a newspaper of eneral circulation smoke and odors and automatically regulates pol-
lution emissons.The site Is located at 451S Cam.
printed and published in the city of Palm Springs, [no Psrocoia,Zone M-1(N). Section 19.
County of Riverside,and which newspaper has been ,.. ..
adjudged a newspaper of general circulation by the .,,M
Superior Court o£the County of Riverside,State of
California under the date of March 24,1989.Case
Number 191236;that the notice,of which the -
annexed is a printed copy(set in type not smaller -
than non pariel,has been published in each regular -i •Jy, ^ .;I -
and entire issue of said newspaper and not in any
supplement thereof on the fallowing darts,to wit: II _ '•, = I° ",�'I .
August 25",2007 li -�— T• 'I Y .
All in the year 2007 ENVIRONMENTAL DETERMINATION:The pro-
ject has been declared Categorically Exampt as a
Class 3 exemption from CEQA per Section
I certify(or declare under mall a£ er•u that the 15303((0 (Now Construction or Conversion of
( ) penalty P 1 ty Smell 5 ructuree) of the CEGA Guldellneu, Mem-
foregoing is true and correct. hers of the public may view this document at the
Planning Services Department, 01% Hell 3200
East Ttlhqultz Canyon Way, Palm pringg' and
m suomlt written comments at, or prier to, }rye City
Dated at Palm Springs.California this---27 ,----day Qnuncu
(REVIEW OF PROJECT INFORMAT16N:The staff
of---- August -- ,-----,2007 repport and other suppporting documents rogarding
This matter are avallable for public review at Cdyy
j' Hall between the hours of e,00 am. and 5:00
pp i,,, Monday Thrauph Friday. Please contact the
Olgce of the so
Clerk at p60) 323-0204 If you
/ would Ilka to
sc edule an appointment to review
t �'t these documents,
y --� S-'---"•`^"�-`-- COMMENT ON THIS APPLICATION: Res Onus
— �Si naturC I —` to this notice may be made verbally at the Publlc
Hearing and/or In writing before the I lrinpp,WrIt-
tan comments may be made to the CIty CounCIl
by letter(for mall or hand delivery)to:
3200 E.Tahqultz 6anlyyon Way
/t Palm Springs, CA 82262
L) u1 .O 1 Any chsilonge of the proposed protect In court
mayy be limited to ralsing only those issues mssed
at the public nearing described In this notice or
in written uooprrdrespondonce, delivered to the CIty
�. r� -•'rJ 1V mark Code 9ecClo n6500g bhllc hearing. (Govern-
( I(zll•
-� An opportunity will be given at said hearing for all
.- Interested persons to be heard.Queshona negerd-
C� irGwnl,PlanningaServices Eapairected rtmencriato(Q60)
323-8245,
SI neceslta ayuda con esta carts. porfavor(lame a
Is Ciudad de Palm Springs y suede hablyr con
Nadine Fleger telafono(760)y23-8245,
James The—m soi�- ,ark
Published:8/25/2D07
NEIGHBORHOOD COALITION REPS
Case 5,1158 CUP MR PETE MORUZZI
Desert Cremation Society, Inc. MODCOM AND PALM SPRINGS MODERN COMMITTEE
PHN for CC Meeting 09.05.07 HISTORIC SITE REP I I I PO BOX 4738
PALM SPRINGS CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT CASE 5.1158 CUP
VERIFICATION NOTICE I I I ATTN SECRETARY MRS.JOANNE BRUGGEMANS
PO BOX 2743 506 W-SANTA CATALINA ROAD
PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
AGUA CALIENTE BAND OF CAHUILLA INDIANS
INDIANS 1 I 1 1 1 1 2401 DINAH SHORE DRIVE
PALM SPRINGS CA 92264
MR MARK MATTHEWS
SPONSORS I A A DESERT CREMATION SOCIETY, INC.
-- 690 VELLA ROAD
PALM SPRINGS, CA 92264
Y;
� ed\
David Adanis Roly A Agresor Daniel A &Rufina Agriam
583 S Oleander Rd 4425 E Camino Parocela 4411 E Calle De Carlos
Palm Sprigs, CA 92264-7503 Palm Springs, CA 92264-7443 Palm Springs, CA 92264-1435
Poul &Anty Bahnson Fe Cabading M Capozzi
570 S Oleander Rd 4305 N Sunflower Ave 44850 Guadalupe Dr
Palm Springs, CA 92264-1521 Covina, CA 91724-2326 Indian Wells, CA 92210-7405
Esrneraldo &Mary Cara Wendy Carrel City Of Palm Springs
4475 E Camino San Simeon 4377E Camino San Simeon PO Box 2743
Palm Springs, CA 92264-1410 Palm Spr-ings, CA 92264-1410 Palm Springs, CA 922 63-2 74 3
Delatorre Family Trust Desert Air Conditioning Inc Dba Max G &James Dilhnan
4373 E Camino Parocela 590 S Williams Rd 1322 E Oceanfront
Paln Sprigs, CA 92264-7443 Palm Springs, CA 92264-1551 Newport Beach, CA 92661-1435
,Iingelina B Doyle Roger A Evans Fred P &Menita Fernandez
4470 E Camino San Miguel 49275 Croquet Ct 4022 E Cammo San Miguel
Palm Springs, CA 92264-1413 huiio, CA 92201-8801 Palm Springs, CA 92264-1328
Four Crown Inv Michael S Hoffrnarr Hilario C &Marciana Jove
575 S Williams Rd 650 S Eugeuc Rd 4372 E Camino Parocela
Patin Spnngs, CA 92264-1550 Palm Spnngs, CA 92264-1514 Palm Springs, CA 92264-1444
K&R Takao &Rose Konmra Alexander&Soledad Leano
606 S Oleander Rd 4410 E Camino San Miguel 4440 E Camino San Simeon
Palm Spnngs, CA 92264-1502 Palm Springs, CA 92264-1413 Palm Springs, CA 92264-1411
Lawrence P &.Helen Licon Paul J &Michele Mahoney Jeronimo &Maria Martin
5347 E Bergh Dr 495 Carnio Norte 4380 E Camino San Miguel
Anaheim, CA 92807-3736 Palm Spnngs, CA 92262-4213 Palm Springs, CA 92264-7413
Joan Miller Mario Recinos Richard Redmond
4445 E Ca1le De Carlos 4480 E Camino San Simeon 29352 W Laguna Dr
Palm Spnngs, CA 92264-1435 Palm Springs, CA 92264-1411 Cathedral Cif, CA 92234-9404
Harley Ridley Mafalda R &Huntberto Robles Simon C &Nattie Rodarte
39161 Karen St 4420 E Camino Parocela PO Box 391
Cathedral Cit, CA 92234-2335 Palm Springs, CA 92264-1444 Indio, CA 92202-0391
Cti ite S. //'k
Rely &Rosario Rodas Sarafin Living Trust A W&Teke Scott
3108 California St 24323 Pennsylvania Ave 1155 E Marion Way
Oakland, CA 94602-3910 Lomita, CA 90 71 7-141 7 ,Palm Spnngs, CA 92264-9258
Frances L Stafford Brook G Stevens Maria Stjohn
4492 F Caumo San Miguel 31370 San Eljay Ave 4410 E Calle De Carlos
Palm Springs, CA 92264-1413 Cathedral Cit, CA 92234-3053 Palm Spnngs, CA 92264-1436
Shelby C Strong Shelby C Strong Shelby Strong
PQ Bux 2247 PO Box 2247 PO Box 2247
Rancho Santa, CA 92067-2247 Rancho Santa, CA 92067-2247 Rancho Santa, CA 92067-2247
Shelby Strong Shelby Strong Sts Michael & Gabriel Romanian C
PO Box 2247 PO Box 2247 590 S Vella Rd
Raizcho Santa, CA 92067-2247 Rancho Santa, CA 92067-2247 Palm Springs, CA 92264-1456
Carolyn G Thomas Dennis &Doris Thorson Charles C Wamsley
4485 E Camino San Simeon 590 5 Oleander Rd 3492 F Loma Vzsta Czr
Palrri Springs, CA 92264-1410 Palm Springs, CA 92264-1504 Palm Springs, CA 92264-3528
Whitehead Prop Whitehead Prop Whitehead Prop
4511 Sunny Dunes Rd B 4511 Sunny Dunes Rd B 4511 Sunny Dunes Rd B
Palm Spnngs, CA 92264-7553 Palm Springs, CA 92264-75.53 Palm Springs, CA 92264-1553
Wiefels &Son Wiefels &Son Dba Wiefels &Son Dba
530 S Vella Rd 630 S Vella Rd 630 5 Vella Rd
Palm Spnngs, CA 92264-1454 Palm Springs, CA 92264-1454 Palm Springs, CA 92264-1454
Donald E &Emily Williams Donald E &Emily Williams Sean &Sheila Wood
4511 E Sunny Dunes Rd 4511 E Sunny Dunes Rd B 670 5 Oleander Rd
Palm Spnngs, CA 92264-1553 Palm Springs, CA 92264-1553 Palm Springs, CA 92264-1502
Sean & Sheila Wood ***55 Printed ***
670 S Oleander Rd
Palm Spnngs, CA 92264-7502
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1158 CONDITIONAL USE PERMIT
4515 Camino Parocela
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold
a public hearing at its meeting of September 5, 2007. The City Council meeting begins at 6:00
p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by Mark Matthews of Desert Cremation
Society, Inc. for a Conditional Use Permit to operate a small pet crematorium in an existing, 1,280
square foot commercial site. The proposed pet cremation system is an Underwriter Laboratories
(UL) listed unit that consumes and destroys smoke and odors and automatically regulates pollution
emissions. The site is located at 4515 Camino Parocela, Zone M-1(N), Section 19.
ENVIRONMENTAL DETERMINATION; The project has been declared Categorically Exempt as a
Class 3 exemption from CEQA per Section 15303(c) (New Construction or Conversion of Small
Structures) of the CEQA Guidelines. Members of the public may view this document at the
Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and
submit written comments at, or prior to, the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at City Hall between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-
8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council
by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Christopher Brown, Planning Services Department at (760)
323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar_con
Nadine Fieger telefono (760) 323-8245.
a es Thompson, City Clerk
000036
pLM 'Y
Department of Planning Services w+E
Vicinity Map s
�R+,renA`P
Legend
400' Radius
Project Site
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CASE NO: 5.1158 CUP DESCRIPTION: Application for a Conditional Use
Permit to operate a pet crematory at 4515 Camino
APPLICANT: Mark Matthews Parocela, Zone M-1(N), Section 19-
Desert Cremation Society, Inc APN: 680-093-011.