94-039 RESOLUTION NO. 94R-39
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3623.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 94-bed convalescent facility upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER
OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID
SECTION 36; THENCE WEST TO A POINT, 195 FEET
EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND
WIFE BY DEED RECORDED JANUARY 15, 1944 IN BOOK
1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH
26 DEG. 01' WEST ALONG THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL
C. BINDER AND WIFE BY DEED RECORDED MARCH 1,
1947 IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS
TO A POINT 64.83 FEET SOUTHEASTERLY FROM AN
INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE
OF THE 100 FOOT STRIP OF LAND DESCRIBED IN DEED
TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934 IN
BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID
POINT BEING IN AN ARC OF A CURVE, CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A
TANGENT BEARING NORTH 46 DEG. 29' 11" EAST,
THROUGH AN ANGLE OF 1 DEG. 41' 55", AN ARC
DISTANCE OF 250.63 FEET TO THE INTERSECTION
THEREOF WITH THE SOUTHWESTERLY LINE OF THAT
CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN
PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND
WIFE, RECORDED AUGUST 7, 1948 IN BOOK 1682, PAGE
364 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY
ALONG SAID SOUTHWESTERLY LINE OF THE 60 FOOT
STRIP CONVEYED TO DEL GIORGIO, TO THE EASTERLY
LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE OF SAID SECTION 36 TO THE
POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER
OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST,
SAN BERNARDINO MERIDIAN, ACQUIRED BY THE STATE
OF CALIFORNIA, BY A DEED RECORDED IN BOOK 2079,
PAGE 160 OF OFFICIAL RECORDS OF ORANGE COUNTY,
BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID
SECTION, SAID POINT BEING DISTANT ALONG SAID
SOUTH LINE EASTERLY 29.10 FEET FROM THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "NORTH 44 DEG. 07' 42" EAST 686.96
FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK
1731, PAGE 521 OF SAID OFFICIAL RECORDS; THENCE
NORTHEASTERLY IN A DIRECT LINE TO THE
SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "SOUTH 25 DEG. 55' 27" EAST A
DISTANCE OF 64.83 FEET TO THE INTERSECTION
THEREOF WITH A CURVE" IN A DEED RECORDED IN BOOK
2285, PAGE 482 OF SAID OFFICIAL RECORDS.
PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER
OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST,
SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO FRANK MINISSALE AND
WIFE RECORDED MARCH 13, 1970 IN BOOK 9238, PAGE
828 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LAND TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13,
1952 IN BOOK 2285, PAGE 482 OF SAID OFFICIAL
RECORDS; THENCE NORTHEASTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND,
BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 8454.00 FEET, (A RADIAL LINE OF SAID
CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER
BEARS NORTH 43 DEG. 30' 49" WEST) AND ITS
NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY
TERMINUS OF THE COURSE SHOWN AS HAVING A
DISTANCE OF 42.00 FEET MORE OF LESS ON THE MAP
ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977
IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL
RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION
OF SAID COURSE NORTH 38 DEG. 07' 15" WEST 0.82
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 93 DEG. 48' 56" AN ARC DISTANCE OF
29.47 FEET TO A COMPOUND CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 8474.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 02 DEG. 43' 31" AN ARC DISTANCE
OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID
SECTION 36; THENCE ALONG SAID SOUTHERLY LINE
NORTH 89 DEG. 54' 12" EAST TO THE POINT OF
BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the city of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. 3623 granting, in part,
Conditional Use Permit No. 3623 (with a reduction to an 80-bed
facility); and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the city Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3623 be, and the same is hereby, granted
permitting an 80-bed convalescent facility on the hereinabove
described real property, subject to the following conditions:
1. That the petitioner shall develop the equestrian and hiking
trail easement in accordance with city Standard No. 603, and
that development of the trail shall be subject to review by
the Parks, Recreation and Community Services Department. The
trail improvements shall be completed prior to occupancy.
- 3-
2. That street lighting facilities along Santa Ana Canyon Road
shall be installed as required by the Utilities General
Manager in accordance with specifications on file in the
Office of the Utilities General Manager; or 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 the City to guarantee the
satisfactory completion of the above-mentioned improvements.
Said security shall be posted with the City of Anaheim prior
to issuance of a building permit. The above-required
improvements shall be installed prior to occupancy.
3. That the southern driveway shall be aligned with the eastern
portion of Mohler Drive and reconstructed to accommodate ten
(10) foot radius curb returns, as required by the City Traffic
and Transportation Manager.
4. That an on-site trash truck turn-around area shall be provided
~ and maintained to the satisfaction of the Department of
Maintenance. Said turn-around area shall be specifically
shown on plans submitted for building permits.
5. That trash storage areas shall be provided and maintained in a
location acceptable to the Department of Maintenance and in
accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans
submitted for building permits.
6. That a plan sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
7. That prior to issuance of a building permit, a Lot Line
Adjustment Plat to combine the three (3) existing lots into
one (1) lot shall be submitted to the Subdivision Section for
~ approval by the City Engineer. Following approval, it shall
be recorded with the Office of the Orange County Recorder.
8. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department.
9. That all lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
10. That a local fire alarm system shall be installed as required
by the Fire Department.
11. That subject facility shall be limited to a maximum of eighty
(80) beds.
6277.1\JWHIT£\MarcH 23, 1994 -- 4 --
12. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Revision No. 3 of Exhibit Nos.
1, 2, 3, 4 and 5."
13. That a minimum twenty five (25) foot setback, as measured from
the property line, shall be provided along Santa Ana Canyon
Road.
14. That prior to commencement of the activity authorized by this
resolution or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition Nos. 2,
4, 5, 6, 7, 17 and 18, herein, 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
Municipal Code.
15. That prior to final building and zoning inspections, Condition
Nos. 1, 2, 3, 9, 10, 12 and 13, above-mentioned, shall be
complied with."
16. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable city,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
17. That a landscape plan shall be submitted to the Planning
Commission as a Reports and Recommendations item for review
and approval.
18. That a sign program shall be submitted to the Planning
Commission as a Reports and Recommendations item for review
and approval.
19. That the employee working shifts shall break at non-peak
traffic hours.
20. That the total number of employees shall be limited to thirty
five (35).
BE IT FURTHER RESOLVED that the City Council does hereby
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 or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
6277.1\JWHITE\March 23, 1994 -- 5 --
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of March, 1994.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
6277.1\J%4HITE\March 23, 1994 -- 6 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-39 was introduced and adopted at a regular meeting provided by law,~0f the Anaheim City
Council held on the 22nd day of Mamh, 1994, by the following vote of the.memb&rs thereof: .
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-39
on the 23rd day of March, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1994.
/ ....
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-39 was duly passed and adopted by the City Council of the City of
Anaheim on March 22, 1994.
CITY CLERK OF THE CITY OF ANAHEIM