Resolution-PC 99-188RESOLUTION NO. PC99-188
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4156 BE DENIED
WHEREAS, the Anaheim City Pianning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as
THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA
ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE OF THE
CENTER LINE OF THE SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED RECORDED
IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS OF ORANGE COUNTY, SAID BOLT BEING
LOCATAED APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTIOP! OF SAID
CENTERLINE BY THE WEST LINE OF SAID JUAN YORBA ALLOTMENT; THENCE NORTH
60° 22' 55" EAST 306.34 FEET ALONG THE TANGENT OF SAID CURVE AND THE CENTER
LINE OF SAID HIGHWAY TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY
249.22 FEET MEASSURED ALONG SAID CENTER LINE FROM THE NORTHEASTERLY LINE
OF LAND DESCRIBED IN DEED TO KARI AHRENS, RECORDED JANUARY 17, 1948 IN
BOOK 1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 29° 13'
15" EAST, 411.74 FEET ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF THAT
CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE SANTA ANA VALLEY IRRIGATION
COMPANY ANU RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTH 78° 20' WEST 542.42 FEET ALONG SAID
NORTHERLY LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF
THE EASTERLY LLINE OF LOIT 4 OF THE LNAD OF E. WALTER PYNE, AS SHOWN ON
LICENSED SURVEY MAP FILED IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF SAID
COUNTY; THENCE NORTH 3° 50' 40" EAST 78.70 FEET ALONG SAID SOUTHERLY
PROLONGATION TO THE TANGENT LINE OF SAID CURVE; THENCE NORTH 74" 10' 25"
EAST 71.97 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION OF SAID
LAND, AS DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY
PURPOSES, BY DEED RECORDED JUNE 29, 1948 IN BOOK 1661, PAGE 227 OF
OFFICIAL RECORDS, AND RE-RECORDED JULY 30, 1948 IN B(:OK 1678, PAGE
214 OF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 25, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said pr~posed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspoction, investigation and study made by
itself and in its behalf, and after due consideration of a~l evidence and reports offered at said hearing,
does find and determine the follov:~:~~~ f~cts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipai Code Section 18.2'l.050.180 to construct a two-story senior assisted lfving and
Alzheimers care facility with the following waivers:
Cr3790pk.doc -1- PC99-188
(a) Sections 18.04.042.020 - Reauired setback between institutional uses and
and 18.21.063 residential zon~rla,
(minirnum 15 feet required from residential zoning;
5 fee proposed from RS-7200(SC) zoning
(b) Sections 18.05.080.030 -
and 18.21.067.030 Permitted freestandina sian.
(maximum one 4-foot hiah. 20 sa.ft. freestanding monument
type identification sign permitted;
one 7.5-foot hiah. 25 sQ.ft. freestanding dual-pole sign
proposed)
(c) Section 18.21.063.030 - Reauired reac vard setback.
(minimum 25 feet required; 2.5 fee proposed)
(d) Sections 18.06.050.026.0265 - Minimum number of oarkinq soaces.
and 18.21.066.010 58 s aces required; 19 soaces proposed)
(e) Section 18.21.062.020.0201 - Maximum 6uildina heiaht adiacent to a residentiai zone.
2.5 feet permitted when located five feet from a residential
zone; 25 feet proposed from RS-7200(SC) zoning)
2, That the proposed use, a two-story senior assisted living and Alzhefiners care facility in
the RS-A-4.',.000(SC) "ResidentiaVAgricultural - Scenic Corridor Overlay" zone, with waivers, is hereby
denied.
3. That the requested waivers of (a) minimum st~uctural setback betwe~n institutional use~
and residential zoning, (b) permitted freestanding sign, (c) minimum rear yard setback, and (e} maximum
building height adjacent to a residential zone are hereby denied based on
4. That waiver (d), minimum number of parking apaces, is hereby denied based the City
Tra~c and Transportation Manager's recommendation that a minimum of 29 parking spaces (instead of
19 spaces) should be provided for this use; and, furiher, if the use were permitted and the proposed on-
site parking proved to be inadequate, there would not be any alternatives for additional parking in the
immediate vicinity.
5. That the proposed waivers could be eliminated or reduced if the densiry of the proposal
was reduced.
6. That identification signage for the use could be adequately achieved with a sign that
complies with the Zoning Code.
7. That the petitioner has not d~monstrated that the strict application of the Zoning Code
would deprive this prope~ty of privileges enjoyed by other identically zoned ~roperli~s in the viciniry.
8, That the proposal, including the waivers, is more intense in terms of land use and density
than is permitted under the General Plan for residential uses in this area.
9. That the proposal has the potential to adversely affect the adjoining residential land uses
because Code-compliant setbacks are not provided to buffer and protect those adjacent land uses.
10. That the size of the property is not adequate to allow full development of the prnposal in a
manner not detrimental to the generel welfare as evidenced by the numerous waivers for setbacks and
parking.
11. That the traffic generated by thi; proposal may cause a burdera upon the public sVeets
when vehicles are trying to enter or exit tkis property from Santa Ana Canyon Road at a drivEway located
very close to th~ !r~tersection of Santa Ana Canyon Road and Anaheim Hiils Road.
Cr3790pk.doc -2- PC99-186
12. That granting of this conditional use permit, as proposed, would be detrimental to the
peace, safety and general welfare of the citizens of Anaheim, including the proposed 24-hour operation
without adequate buffers to protect nearby residences.
13. That five people indicated their presence at the public hearing in opposition to the
proposal; anc! that a petition with approximately 50 signatures in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the propos2l to construct a 2-story senior assisted living and
Alzheimer's care facility with waivers of required setback between institutional uses and residential zones,
permitted freestanding sign, required rear yard setback, minimum number of parking spaces and
maximum building height adjacent to a rasidential zone on a irregularly-shaped 1.21-acre property
located at the southeast corner of Santa Ana Canyon Road and Anaheim Hills Road, having frontages of
284 feet on the south side of Santa Ana Canyon Road and 44 feet on the east side of Anaheim Hills
Road, and further described as 6100 East Santa Ana Canyon Road; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initiai study and any comments received
that there is no substantiai evidence that the project will have a significant effect on the environment.
NOW, 7HEREFORE, Bc IT RESOLVtl7 that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditionai Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
Ociober 25, 1999.
~~~~ ~~~ ~'/~-~~~~.~.;
CHAIRPERSON, ANAHEINf CIT'Y PLANNING COMMISSION
ATTEST:
SECRETARY, ANA IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning
Commission held on October 25, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: ARNOLD
i WITNESS WHEREOF, I have hereunto set my hand this °~~ day of
1999. ,
I~G,~a.2~~iu ~-Co~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
Cr3790pk.doc -3- PC99-188