PC 85-234RESOLUTION NU. PC85-234
A RESOLUTION OF THE AP~AHEIM CITY PLANNING COMbiISSION
THAT PLTITION FCR CONDITIONAL USE YERMIT NO. 2731 BE GRANTED
WEI~REAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from AMERICAN MEDICORP DEV~LOPMENT
COMPANY, 1 River F[ont Plaza, Louisviile, Kentucky 40201, ATTN: MARCIA BAKER,
owner, and GOLDRICh, KEST & ASSOCIATES, 15233 Ventura Boulevard, #816, Shetman
Oaks, California 91403, ATTN: MANNY AFTERGUT, agent for cettain real property
sil-uacea in the City of Anaheim, County of Orange, State of California,
described as:
THAT POR'lION OF PARCEL 3, IN THE CITY OF ANAHE:M, COUNTY OF
ORANGE~ STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED ZN BGOK
175~ PAGES 39 AND 40 OF PARCEL MAFS IN THE OFFICE OF THE
COUNTY RECORDER UF SAID COUNTY, DESCRIBEL AS FOLLOWS:
BEGItJNING A2' A YOINT ON THE NORTH LINE OF SAID PARCEL 3, BEING
DISTANT THEREON SOUTH 89° 35' 38" WEST 182.00 FEET FROM THE
NORTHEAST CORMER OF PARCEL 3; SAID POINT ALSO BEING ON A LINE
PARr1LLEL WITH AND DiSTANT 182.00 FEET WESTERLY~ PIEASURED AT
RIGHT ANGLES~ FROM TEfE BAST LINE OF SAZD PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 00° 11' 18' EAST 281.49 FEET TO
THE SOUTH LINE OF SAID PARCEL 3; SAID POINT BEING DISTANT
THEREON SOUTH 89° 35' 41" WEST 182.00 FEET FROM THE SOUTHEAST
CURNBR OF SAID PARCEL 3; THENCE ALONG SAID SOUTy LSNS 89° 35'
41' WEST 44U.22 FEET TO T HE SOUTfI'rJES~ CORNER OF SAID PARCEL
3; THENCE ALOt7G THE WEST LINE OF SAID PARCEL 3 NORTH 00° 11'
18' WEST 281.48 FEET TO TFIE NORTHWEST CORNER OF SASD PARCEL 3;
THENCE ALONG TNE NORTH LINE OF SAID PARCEL 3 NORTH 89° 35' 38"
EAST 440.22 FEET TO THE POINT OF BEGTNNING.
CONTAINItdG 2.845 ACRES, MORE OP. LESS.
47HEREAS, the City Planning Conmission did hold a pub.lic hearing at
~'~c Ci~i~ Centec iu ~iie City uf Anaheim on October 28, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisionc of the Anahe:m Plunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said pcoposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
wHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration pf all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Ananeim Flunicipal Code Section 18.44.050.170 to wit:
to construct a 138-bed convalescent home with waivecs of the following:
(a) SECTION 18.01.13U - Required lot Lrontaqe.
(all lots required to abut a publxc street o~
allev; 2 lots aot atuttinq proposed)
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(b) SECTIONS 18.06.050.0269 - Minimum number of patking spaces.
18.06.080 (69 spaces required; 53 spaces proposed)
AND 18.44.066.Q50
2. That the requested waive~ (a) is hereby 9ranted on the basis that
there are special circumstances applicable to the pcoperty such as size,
shape, tooography, location and surroundings which do not apply to other
identically zoned property in the same vicinity+ and that strict application
of the 2oning Code deprives the property of F:ivileges enjoyed by other
pcopecties in the identical zone an~ classification in the vicinity; and on
the basis that easements will be established to provide adequate and
reciprocal access to che nearby public street.
3. That the requested waiver (b) is hereby granted on the basis that
the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor adv2csely affect any adjoining land uses and granting
of the narking waiver under the conditions imposed, if any, will not be
~etrimental to the peace, health, safety and general welfare of the citizens
of the City of Anaheim.
4. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be .located.
5. That the size and shape oE the site proposed for the use is
adeguate to allow the full development of the proposed use in a manner not
datrimental to the particular area nor to the oeace, health, safety and
general welfare of the Citizens of the City of Anaheim.
6. That the granting o[ the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose an
undue burden upon the streets and higliways designed and improved to cacry the
t~IIffi_ i.n ~hn ?~na.
8. That no one indicated their presence at said pub.lic hearing in
opposition; and that no cocrespondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDINC: That the Anaheim City Planning
Commission has ceviewed the pcoposal to construct a 138-bed convalescent home
with waivers of required lot frontage and minimum number of parking spaces on
a rectangularly-shaped parcel of land consisting of approximately 2.64 acres
located approximately 222 feet west of the centerline of Beach Boulevacd and
appcoximately 390 feet south of the centerline of Orange Avenue, and further
described as 641 South Beach doulevard; and does hereby approve the Negative
Declaration upon finding that it has consideced the Negative Declacation
together with any comments received during the public review pcocess and
fucther finding on the basis of t.he initial study and any comments teceived
that there is no substar.tial evidence that tt~e prcject will have a significant
effect on the e:~•~iconment.
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NOW, THEREFORE, 8E i2• RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the followiny conditions which are hereby found to be a necesaary prerequisite
to the proposed use of the subject property in order to pceserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That primary water rtiain feee shall be paid to the City of Anaheim, in
an amount as determined by the Office of the Utilitie~ General
Manager.
2. That the appropriate traffic signal assessment fee shall be paid to
the City of Anaheim in an amount as determined by the City Council
for new commercial buildiegs.
3. That dcainage of subject pcoperty shall be disposed of in a manner
satisfactory to the City Engineer.
4. That in the event subject property is to be divided for the purpose
of sale, lease, cr finanr_ing, a parcel map to record the approved
division of subject property shall be submitted to and approved by
the City of Anaheim and then be recorded in the Office of the Orange
County Recorder.
5. That subject property shall be served by underground utilities.
6. That prior ro commencement of structural framing, Eire hydrants shall
be installed and charged as required and determined to be necessary
by the Chief of the Fice Department.
7. That trash storage areas shall be provided and maintained in
accordance wiLh approved plans on file with the Street Maintenance
and Sanitation Division.
8. That all engineering requirements of the City of Anaheim along Beach
Boulevard, including preparation of improvement plans and
instailation of all imnrovAmant~ s~i~h a~ ca_~~ ar,d gutters,
siclewalks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer .~nd in accordance with
specifications on file in the Office of the City Engineez; and that
security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, ~hall be posted with the City to guarantee the satisfactory
completion of said improvements. Said security shall be posted with
the City prior to approval of improvement plans, to guarantee the
installation of the above-required improvements prior to occupancy.
9. That street lighting facilities along Beach Boulevard shall be
installed as required by the Utilitie3 General h]anager in accordance
with specifications on file ir, the Office of Utilities General
Manager, and that security in the form of a bond, certificate of
deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with t!~e City to
guarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of. Anaheim
prior to approval of improvemenL• plans The above-required
improvements shall be installed prior to occupancy.
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{`~ ~'>n
lU. That in the event a parcel map is recorded un subject propecty, a
reciprocal access and parking agreement, in a form satisfactory to
the City Attorney, shall be recorded with the UfEice of the Orange
County Recorder. A copy of the cecorded aareement shall then be
submitted to the Planning Department.
11. That all air conditioning facilities and other rorf and ground
mounted eyuipment shall be properly shielded fcom view, and the sound
buEfered trom adjacent residential properties).
12. '~hat the proposal shall comp~y with all signing requirements of the
CL 7one, unless a variance allo.~ing sign waivers is approved by the
planning Commission or City Councii.
13. Tliat a six (6) foot high masonry block wall shall be constructed and
permanently maintained along the scutherly property line, excepting
the required front setback area alorig Beach Eoulevard.
14. That the ownec of subject property shall submit a letter requesting
termination of Variance No. 2284 and Conditional Use Permit No. 1097
to the Planning Department.
15. That subject property shall be developed substantially in accordance
with plans and specifications on file with thc City of Anaheim marked
Exhibit Nos. 1 through 3.
1G. That prior to the conmencement of the activity authorized under this
resolution, or witt~in a period of one year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 7, g,
9, 11, 12, 13, 14 and 15, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim t~iunicipal
Code.
uc ti~ bux~i~HtR xBSOLVED that the Ananeim City Planning Commissi.on does
heceby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared invalid oc unenforceable by the final judgment of any court oE
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and coid.
THE F~REGOING RESOi~UTION is signed and appcoved by me this 28th day
of October, 1985.
ATTEST: ~
r~ ,~~% ,~~.~
56CRETARY~ ANAHEIM CITY PLANNING CODIMISSION
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CHAIRWOMAN, ANAHEIM CITY PI~ANNING COMMISSION
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PC85-234
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHk:IM )
Z, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on October
28, 1985, by the followiny vote of the members thereof:
AYES: CUMMISSIONERS: BOU4S, FRY, H~RBST, LA CLAZRE, LAWICKI, MC BURNEY
MESSE
NGES: CODIDIISSIONERS: NONE
' ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
, Octobec, 1965.
+,' SECRETA ~Q n'A'
, ANAHEIPI CITY PLANNING COMMISSION
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