Resolution-PC 94-91`~ ~'. ~ w~" ~
RESOLUTION NO. PC~~4-~1
A RESOLUTION OF THE ANAHEIM GITY PLANNING COMMISSION
1'HAT PETI710N FOfi CdNDITIONAL l1SE PEFlMIT NO, 3697 B~ GRANTED
WHEREAS, the P,nahoim City Planning Commisslon did racaive a varliled Petltlon for
Conditional Use Permit fur certair~ real property situated in the City of Anaheim, Gounty of Jr~n9o, Stnte
of Californla, described as:
PARCEL 1: THA7 fyORTION OF L07 10 OF THE MILES RpNCHO, Ifv THE CITY
GF ANAHEIM, COUN7Y OF QRANGE, STATC OF CALIFORNIA, AS SHOWN ON
A MAP RECORDEU IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECURQER OF SAID COUNTY, DESCRI6ED AS
FOLLOWS:
BEGINNlhG AT A POINT ON THE NORTH[RLY LINE OF SAID LOT 9,
WESTERLY 328.98 FEET FROM THE NORTFIEAST CORNER OF SAID LOT 1~;
THE~ICE SOUTH 1319.30 FEE7 TO A POINT ON THE SOUTHERLY LINE OF
SAID LQT 10, WESTERLY 330.98 FEET FROM THE SOUTHEIST CORNER
TMEREOF; TF'ENCE WESTERLY 346.48 FEE? ALQNG S,41D SOUSHERLY LINE
TO THG SOUTHWEST CARNER THEREOF; THENCE NOA?HERI.Y 1319.98 FEET
ALQNG THE WESTERLY LINE OF S~\ID LOTS TO THE NORI"HWES~' CORNER
pF $~41D LOT 9; THENVE EASTERLY 346.9II FEf.T ALONG THE NORTHERLY
LINE OF SAID LOT 9 TO THE POINI' OF t3EGINNING.
kXCEPT TI-IE NORTf~ 770.OQ FEET THEREQF.
ALSO EXCEPT THE SOUTH 285.00 FE~? 7H~RFOF, MEASUR~D FROM TME
CENTERI_INE OF LA PALMA AVENUE,
ALSO EXC~PT THE WESi 170.00 rEET THFREOF, MEASL'RED FROM "HE
f;EhTEFlLINE OF WEST STP,EE? ADJOINING SAID LOT ON THE WEST.
ALSO EXC~PT THAT PORI'IUN OF THE WcST 185.~70 FEET THEREOF,
MEASURED FHOM THE GENTERLINE OF ~vEST STREET, LYING SOUTHERLY
OF THE FOLLOWING DESCRIfiED I.INE:
gEGINNING AT A POINT ON TME CENTF.RLINE OF WEST STR~ET 110.00 FEET
SOUTH FROM TFIE SOUTHWEST CORNER OF THE L~NU CONVEYED TO JOHN
STOPJCH BY L~EED RECORDE~ APRIL 3, 1951 IN BOOK 2168, PAGE 618 QF
OFFICIAL RECrJRDS; THENCE NORTH 89 ~EG. A3' 20" EAST 135.00 FE~T
PARALLEL WITN THE SOUTH LINE OF 5AID Ip.ND CONVEYED TO STONCH.
PARCEL 2: THE .iOUTH 60.00 FECl' OF THAT PORTION OF LOT 10 OF MILES
RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, A.~, SMUWN ON A MAP RECORDED IN BQOK ~, PAGE 7 QF
MISCELLANEOUS MAPS, iN THE OFFICE OF 7NE COUNTY RECORDER OF
SAID COUN'~Y, QESCRIBED AS FOLI.OWS:
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BEGINNING AT THE NORTHWEST' CORNER OF LOT 9 OF MILES RANCHQ,
BEING TI-IE C[NTERLfNE INTERSECTIO~J OF THE ROADS ApJ01NING SAIn
LOT, AS SHOWN QN SAlD MAP; TMENCE SOUTW 0 DEG. 25' 10" EAST 65e,00
FEEf ALdNG THE WEST I.INE OF Sh~D LOT 9 AND L.OT 10 TO THE TRUE
POINT OF BCGINNING; THENCE PVQR~ H 89 DEG. 43' 20" ENST 362.95 FEEf
PARAILEL WITH THE NORTH LINE OF SAID LOT 9 TO THE EASTERLY LINE OF
7HE LAND DESCAIBED IN TFIE DEED ~'O DAVID CORDERMAN, RECORDED IN
B001< 1156, PAGE 18 UF OFFICIAL RECORDS;'fHENCE SOUTH 0 DEG. 24' OQ"
EASI' 120.00 FEET AL.ONG SAID EASTERLY LINE; THENCE SOU7H 89 DEG 43'
20" WEST 362.77 FEET PARALLE~ WITH SAID NORTH LINE TO SAID WEST
LINE; THENCE NORTH 0 DEG. .~.9' 10" WEST 120.00 FEET TO THE 7RUE POlNT
OF BEGINNING.
EXCEPT THE WEST 170.00 FEEl' 7HEREOF,
PARCEL 3: THE NORTH GU FEET OF THAT PORTION OF LqT 10 OF 7FIE
MILES ~iANCHO, IN THC CITY OF ANAHEIiVI, COUNTY OF ORANGE, STATE QF
CALIFORNIA, AS uHOWN ON A MAP RECURDED IN BOOK ~l, PAGF 7 OF
MISCELLANEOUS MAPS, IN TH[ nFFICE OF TME COUNTY RFCQRD~R OF
SAID COUNTY, DESCRIBED AS FOLI!JWS;
B~GINN(NG A THE NORTHWESI' LINE OF LOT 9 OF SAID MILES RANCHO,
BEING THE CENTERLINE INTERScCT10N OF Tf-IE ROADS ADJAINlNG SAID
LOT, AS SHOWN ON SAI~ MAP; TI~{ENCE SO~1TH 0 DEG. 29' 10" EAST 656.00
FEtI' ALONG THE WES'1' LINE OF SAID LOT 9 AND LOT 10 TO TI-IE TRUE
POINT OF 6EGINNING; THEIVCE NORTH 89 DEG. 43' 2Q" EAST 362.95 FEET
PARAI.LkL WITH THE NORTH LINE OF SAID I.OT 9 TO THF EASTERLY LINE OF
THE LAND LIESCRIBED IN THE DEED TO DAVID CORUERMAN HECORDED IN
500K 1156, PAGE 18 OF QFFICIAI. RECORUS; THENCE SOUTH 0 QEG. 24' Op"
EAST 120.00 FEET ALOiVG SAID EASTERI_Y LINE; 71-IENCE SOUTH 89 DEG. 43'
20" WEST 062.77 FEEI' P/1RALLEL NJITH SAID NOR7H LlNE T(~ SAip W~BT
I.INE; THEtVCE NOR7H 0 DEG. 29' tU" WE5T 120.00 FEET TO TME TRUE POINT
nF BEGINNING.
EXCEPT T'rIE W~ST 1 i0.00 FEET THFREOF.
WHEREAS, th~ City Planning Commission dfd hold a publlc hearlnq at the Civfc Centor
fn the City of Anahefm on July 11, 1994 at 1:30 p.m., notfce of said public hearing havfng boen duly given
as roqu(red by I~w and in Accordanco with the provisfons of the Anaheim Municipal Code, Chapter 18.n3,
to hoar and consider avidence tor and ~gainst said proposed conditfonal use per•mit and to inve~tigate and
make findings and recommondatfons in connoction therewith; and
~'1HERtAS, sald Commission, aiter due Inspoction, investiga:lon and study mado by Itself
and in fts behaif, and after duo considerat(on of all evidence and reports oHered at safd hsaring, does find
and determine the followfng facts:
1. That the propo~~d use Is properly one for which a conditfonal ~~so pormit is authorized by
Anahelm Munic~hal Code Sections 18.34.050.080 and 18.21.050.180 to permit tho additlon of a stqrage
bullding to an existfng skiilod nurs(nc~ tacility with waiver of the foltowing:
SoctlQn 18.Oa.0~t2.020 - Min(ms~m setback for institutional uses adjacent ta
res(dqntial zone bounc~,yr .
(t 5 feet required between (nstitutionai uses and
adjacent residential zani~~g; 5 feot proposed alonp
north and east properry I(nes abutting RM-1200 zoning)
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2, That there are special circumstances applicable to the property consisting of Its irregular
shape, location and surroundings, which do not apply to othor ldentically zoned proporties In the vlcinity
because subject bullding wlll be located along the same bullding Iine as thv existing mafn structure
(~pprovod under a previous Codo waiver) und, th~refore, will not impose any additlonal burden on the
adjoining nroperty; ~nd that the proposed structure will have Iittle, if any, visual impact on tha adjacent
FiM-1200 zoning becauso the parcel to the north is developed with carports afc~ng the shared property Iino
and tho ~rarcel to the east Is devel~ped with a driveway alon~7 the sharod property Ilne;
3. 1'het ;trict application of the Zoning ~ode deprfves the propert,y of privileges enJoyed by
other propaities under ldentical zoning classi(fcation in the vicintry;
4. That the proposod use is properly one for vvhich a cond(tional use permft is authorizod by
the Zoning Code;
5. Thai the proposed use will nat adversely aiiect the adjoining land uses end tho growth and
development of the area in which it is proposed ie be located;
6. 'that the s(ze and shape of the sito ~or the proposed use is adequate to allow the full
developmont of tho proposed use ~n a manner not detrimental to the particular area nor to the peace,
health, safety, and goneral welFare, and that tho proposoc! storage building will create additional usoable
space for the faclllty and will provide improvecl service (or its residents;
7. That ?ho trafflc generatod by the propasod use wiil not impose an undue burden upon the
streets and hlghways designed ~nd fmproved to carry the traffic in the area because the ptoposed storage
buildfnq wiil not requfre any addit(on21 parl<fnq and Sho current parking suppiy will be adequate t~nd in
compliance with Code requireme.~ts;
8, That the c~rantfng of the conditional uso permit under the conditlons imposed wlll not be
detrimental tp the poace, health, saFety and peneral welfare of the citizens of the City of Anaheim; and
9. That no one indicate.~i thelr prosencc~ at sa(d public hearing In opposiNon; and that no
correspondence was rece(ved in oppositSon to th~a subJect pet(tion.
CALIFORNIA ENVIRONMENTAL C~UALITY ACT FINDING: That tho Anaheim Cfty Pianning
Commission has revfewed the proposal te pormit the addit(on of a storage building to an existing skilled
nursing facflity with wafvor of min(mum setback for (nstitutional uses adjacent to residentfal zono
boundarfe~ on an irregularlyshepod parcol of land consistfng of approximately 1.34 acros, having a
frontage of approximately 240 feot on tho v~est side of Lelsure Court, having a maximum depth of
approximately 1n7 feet, being located 285 fe~t norch of the cento~ifne of La Palma AvQnue and further
descrlbed as it35 North Leisure CouK; and ~loes hereby approve the Negative Declaratlon upon finding
that the deciaration refiects the independent 'udgement of the lead agency and that it has considerod the
Negative Declaratlon tegether with anv com n~nts received during ttie public revlew procoss and further
f(nding on the basis of the initiat study antl any comments roceived that there fs no substantial evidence
tha4 the proJect will have a sfgnii(cant efiec: on the anvironment.
NOW, THEFiEFORE, BF iT RESOLVED that the Anaheim City Plannfng Cnmm(ssion does
hereby grant subJect Petition for Conditio~ial Use Pe:mit, upnn the following condltions wl~ich are hereby
found to be a necessary prerequisite to tt~e propos~d use of the subJsct property fn order to preserve the
safety and general welfare of the Citizen3 of tho City of Anaheim:
1. That sub~ect property shall be dQ~ ~loped substantiaily in accordance with pians and specifications
submitted to the City of Anaheir:- by tho petit(oner and whfch plans are on file with the rlanning
Deplrlment marked Exhlbit Nos. 1 through 3.
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2. That with(n a period of one (t) year Irom the dato of approval of this resolution or prior to final
building and zoning inspecti~ns, whir.hevor occurs tfrst, Conditlon No. 1, above-mentionod, shalt be
cumplied witti. Extensions tor furlher tfine to complete 3aid conditions may be 4ranted in accordance
with Section 18.03.090 oi ihe Anaho(m Municipal Code.
3. 7hat approvai of this application consti!utes approval ot the proposed request cnty to the extent that
ft complios with th9 Anaheim Municfpal Zoning Code and any other applicr~ble Cfty, Stata snd Federal
regulatlons. Approval d~es not Include any action or 11nc1?ngs as to compliance or ~pprovs~l of the
roquest regarding any other applicable ord(nance, reg~~lation or requlrement.
9E IT FURTHER RESOWED that the Anaheim City Planning ~•,mmisslon doAS horeby tind
and determine that adoptlon of this Resolution ts expressly pradfcatecl u , applicant's compliance with
oach and all o} the cc~ditiuns horefnabov¢ sot forth. Should any such ca~dftion, or any part thereoi, be
declared invnlid or unenforceaMe by the Ifnal ~udgment oi any court ot competent J;irisciictfon, then this
Resolution, and any approvals hereln contained, shall be deomec! null and void.
THE FhREGOING RcSOLUTION was adopt~i at the Planning Cortimisslon neoting of
July 11, 19J4.
~
CHAIRMAN ANA EIM CI~NG COMMISSION
ATT~5T:
,~~~
-~ ~r•~=~~'~ ~~ ~.~y(~.:.-~==~ai-~__~
5ta.;RETARY, ANAFILIM CITY PLANNING COMMISSION
STATE OF CM.IFORN(A )
COUNTY AF ORANGE ) ss.
CITY OF ANAFIEIM )
i, Janet L,lansen, Socrotary of thn Anaheim C~ty Planning Commtssion, do hereby certHy
that the foregoing res~lutlon was passed ancl adopted at a meetlnd c~f the Anahelm City Plor,ntng
Commisslon hold cn July 11, 1994. by the idlowlnq votP of the mombers thereol:
AYE3: COMMIS510NEHS: CAL~YV~I.I. HENNINGER, MAYEN, PEfiA7J1
NOES~ COMMISSIONERS: NONE
ABSENT: CON,MI,riSIONERS: BOYOStUN, MES~E, TAIT
IN WITME53 WHERE4F, I have hereunto sot my hand this 1 L. /~,~ day ot
, ~ i~_, 1994.
f~ .~..E ~~~ .s..'L ' ~+L ' L~~:.yi '-
~S7CRET/WY, ANAHHM CITY Pl1~NNINC~ COMMISSION
..~. ?C9~4•91