RES-2007-213RESOLUTION NO. 2007 -213
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2006-05146.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to permit a hospital campus with building heights in excess of 100 feet upon certain
real property located within the City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1:
THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A
MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE
NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK
2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43" EAST
79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH
62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY
2 /3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET
ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56
FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29"
EAST 479.15 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT
RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING
THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231
OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY
LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH
13° 55' 07" WEST 46.02 FEET; THENCE ALONG A NON TANGENT CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A
TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE
OF 130° 59' 58" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT
SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF
SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST 21.68
FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID
STA l'E; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST
68.49 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE
ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95-
0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2A:
A NON EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS
AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE
ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET
AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER
MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE
OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE
CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00
FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106
FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS
RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID
COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00
FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 77° 25' 53" AN ARC LENGTH OF 47.30 FEET;
THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' 59" AN ARC
LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL
WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT
ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE
SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' 54 EAST 1017,06"
FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF
SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH
LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND
DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM
SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL
LINE NORTH 3° 45' 54" WEST 978.30 FEET TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS
SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39 AN ARC
LENGTH OF 80.32 FEET TO A POINT ON A NON TANGENT LINE, A RADIAL
LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE
LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC
LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO
SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG
SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT
BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE);
THENCE SOUTH 3° 45' 29" EAST ALONG THE WESTERLY LINE OF SAID
LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29"
WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID
POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED
IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28,
1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST
ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET
TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2 /3RDS OF SAID
LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY
LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF
THE WESTERLY 2 /3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT
IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING
THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56
FEET TO THE POINT OF BEGINNING.
3
PARCEL 3A:
THE WEST ONE -THIRD OF LOT 2 AND THE EAST ONE -THIRD OF LOT 3,
BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6,
PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF
THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419
OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE
GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF
SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE
NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE
CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH
03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF
SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID
EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO
FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK
4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
APN: 345 121 -06, 345 121 -17, 345- 121 -24, and 345 121 -25
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 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. PC2007 -125 granting Conditional Use Permit No. 2006 05146;
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 consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing finds and determines as follows:
1. That the hereinafter mentioned waiver (a) is hereby approved based on the finding
that the portion of the landscape planter that is only 10 feet wide is adjacent to Grove Street
where emergency and delivery vehicles would access the property from the rear. A 30 foot wide
planter cannot be provided in this area since Grove Street abuts the freeway and the driveway
needs to be aligned with the Grove Street right -of -way; therefore, there is not enough physical
space to provide a planter adjacent to the freeway while maintaining safe and efficient ingress
and egress for emergency and service vehicles. The landscape plan indicates more trees than
required by code, an overall average planter width exceeding code requirements, and a mixture
of landscape plants to compensate for the reduction in depth adjacent to the emergency vehicle
driveway. Based upon the foregoing reasons, there are special circumstances applicable to the
property, including size, shape, topography, location or surroundings, which do not apply to
other property under identical zoning classification in the vicinity;
2. That the proposed master planned medical campus with building heights in excess of
100 feet, including a hospital with up to 360 beds, administrative offices, three medical office
buildings, a central utility plant, accessory retail areas, and two parking structures is properly one
for which a conditional use permit is authorized by paragraph .0522 of subsection .050 of
Section 18.120.090 of the Anaheim Municipal Code Section;
3. That the proposed hospital campus would not adversely affect the adjoining land uses or
the growth and development of the area in which it is proposed to be located. The project would be
compatible with adjacent land uses in the area and intensify land uses in close proximity to the
Metrolink Station. The campus would also create a distinctive employment setting in the Canyon
Area in a manner that showcases an attractive master planned campus adjacent to the freeway. The
project would also redevelop and improve underutilized industrial parcels with a modern, updated,
full service medical facility to support the needs of the residents of Anaheim and surrounding
communities;
4. That the proposed project would increase traffic volumes in the area roadways.
However, with the planned and recommended improvements, deficient intersections are expected to
operate at acceptable levels. This is considered to be a significant unavoidable adverse cumulative
impact. Environmental Impact Report No. 2007 -00337 includes the Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring Program No. 147 to address said traffic
impacts;
5. That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the action of the
City Planning Commission granting said conditional use permit be, and the same is hereby affirmed
and that Conditional Use Permit No. 2006 -05146 be, and the same is hereby, granted permitting a
master planned medical campus with building heights in excess of 100 feet on the hereinabove
described real property with a waiver of the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.120.090.090.0903
BE IT FURTHER RESOLVED that said conditional use permit be granted subject to
the following conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the Citizens of the City
of Anaheim:
Prior to final building and zoning inspections the following conditions shall be complied
with:
1. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 18, and as conditioned herein.
General Conditions:
2. That Conditional Use Permit No. 2006 -05146 is granted expressly conditioned upon
approval of Development Agreement No. 2007 00003, Specific Plan Amendment No. 2007-
00048, and Tentative Parcel Map No. 2007 -195, and the determination by the City Council
that EIR No. 2007 00337, along with Mitigation Monitoring Plan No. 147 are adequate to
serve as the environmental documentation for these actions.
3. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
4. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
5. 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.
6
Landscape setback adjacent to the SR -91
Freeway
(30 feet required; 10 to 100 feet proposed)
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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 6th day of November 2007, by the following roll call vote:
AYES: Mayor Pringle, Councilmembers Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
67068.v1/MGordon
OF THE CIT NAHEIM
CITY OF AHEIM
By:
MAYOR OF THE CI F NAHEIM