Resolution-PC 2007-125• •
RESOLUTION NO. PC2007-125
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05146 BE GRANTED
(3400 - 3450 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning 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:
PARCEL 1:
THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A
MAP RECORDED 1N 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 1N 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 L1NE 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 THEREQF I~ESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED 1N BOOK 2613, PAGE 231
OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY
L1NE 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 RADNS OF 50.00 FEET, FROM A
TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE
OF 130° 59' S8" 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 L1NE SOUTH 3° 24' 32" EAST 21.68
FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID
STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST
68.49 FEET TO THE POINT OF BEGINNING.
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PARCEL 2:
PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT L1NE
ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS 1NSTRUMENT 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 L1NE OF LA PALMA AVENUE (106
FEET WIDE) AS DESCRIBED 1N 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 PO1NT OF BEGINNING; THENCE
EASTERLY ALONG SAID SOUTHERLY L1NE 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' S3" 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' S9" AN ARC LENGTH OF
94.18 FEET TO A PO1NT OF TANGENCY ON A LINE PARALLEL WITH AND
DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM
THE EASTERLY LINE OF SAID LpT 6; THENCE SOUTHERLY ALONG SAID
PARALLEL LINE SOUTH 3° 45' S4 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' S4"
WEST 978.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 95.00 FEET, A
RADIAL LINE FROM SAIla 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
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CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADNS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" 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 L1NE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POlNT
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 PO1NT
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 pF SAID LOT 3 SAID POINT
ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED 1N
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 COLJNTY; 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 BE1NG THE
NORTH LINE OF SAID LQT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET
TO THE POINT OF BEGINNING.
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,
LY1NG EASTERLY AND NORTHEASTERLY OF THE FOLLOWING
DESCRIBED L1NE: BEGINNING AT A PQ1NT ON THE NORTHERLY L1NE OF
SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE
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NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BE1NG 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 PO1NT 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.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 15, 2007, at 2:30 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 18.60, to hear and consider evidence for and against said proposed 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 of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. 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 Anaheim Municipal Code Section
18.120.090.050.0522 (Hospitals) with waivers of the following:
(a) SECTION NO. 18.120.090.090.0901 Landscape setback adjacent to La
Palma Avenue
(Withdrawn)
(a) SECTION NO. 18.120.090.090.0903 Landscape setback adiacent to
the SR-91 Freewav
(30 feet required; 10 to 100 feet
proposed)
2. That the proposed hospital campus would not adversely affect the adjoining land uses
and the growth and development of the area in which it is 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; and
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3. That the proposed project would increase traffic volumes in the area roadways.
However, with 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.
4. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That no indicated their presence at said public hearing in opposition; and that an email
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: The Anaheim
Planning Commission does hereby certify Environmental Impact Report No. 2007-00337, adopting
The Kaiser Hospital Environmental Impact Report Findings of Fact and Statement of Ovemding
Considerations and Mitigation Monitoring Program No. 147 and determines that said Environmental
Impact Report No. 2007-00337 fully complies with CEQA, reflects the independent judgment of the
Planning Commission and is adequate to serve as the environmental documentation for the
discretionary actions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon 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 health and safety of the Citizens of the City of Anaheim:
Prior to final buildin~ and zonin~ inspections the following conditions shall be complied with:
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.
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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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission 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 condition, 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation
of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
~ ~ n
~; ~~ ~1, , ! ~'~~/~~..-
CHAIltMAN,; NAHEIM PLAiI~ATING COMMISSION
,
ATTEST:
0 Y ~~~
ARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 15, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
,~~` IN WITNESS WHEREOF, I have hereunto set my hand this r~~ day of
~l~t"U ,P~r/ , 2007. --ti
Y / ~+C~ ~_ 4
SENIO~'SECRETARY, ANAHEIM PLANNING COMMISSION
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