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HomeMy WebLinkAbout22019 - RESOLUTIONS - 9/5/2007 RESOLUTION NO. 22019 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 THE 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. 5.1168 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: Resolution No, 22019 Page 2 ' 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. 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. Resolution No. 22019 Page 3 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 5th day of September, 2007. ' David H- Ready, onager ATTEST: imes Thompson, City Clerk Resolution No. 22019 Page 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. 22019 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 the 51h day of September, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. i mes Thompson, City Clerk City of Palm Springs, California Resolution No. 22019 Page 5 ' Exhibit A RESOLUTION NO. Case No. 5.1158 CUP Pet Passages 4515 Camino Parocela September 5, 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 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. 1a. 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 Resolution No. 22019 Page 6 ' 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 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 as required by Section 92.16.04 (E) of the Palm Springs Zoning Code. Violations may result in revocation of this Conditional Use Permit. 1 Resolution No. 22019 Page 7 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. 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. Resolution No. 22019 Page 8 22. Prior to installation of the cremation system, plans shall be submitted to the Fire Department for review and approval. 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. 1