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Resolution-PC 93-99~. ~ RE ~ N0. P~,'~-99 A RESOLUTION OF THE ANAHEIM CITY Pl '~~NINt~ COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3623 EE GRANT~D, IN PART VVHEREAS, the Anahelm City Planning Commfsslon did receivo a verffied Potition for Conditlonal Use Permit for cartain rea~ property situated In the City of Anahelm, Counry of Orange, State of Calfiornia, dascribed as; PARCEL 1: THAT PORTION OF THE SOUTH'cAST QUARTER OF SECTION 36, TnWNSHIP 3 SOUTH, RANG~ 9 WEST, SAN BERNARDINO BASE AND MEF1101AN, DESC(~IBED AS FOU.OWS: BEGINNING A7 THE SOUTHEAST CORNER OF SAIQ SECTION 36; THENCE WEST TO A POINT, 195 FEEi EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEI. OF LAND CONVEYED TO WILDUR E. RASEY AND WIF~ BY DEED RECORQED JANUARY 15, 1944 IN BOOK 1230, PA(3E 230 OF OFFICIAL RECORDS; ~ HENCE NORTH 28 DEG. 01' WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LANQ CONVEYED TO MICHAEL C. BINDER AND WIFE BY DEED RECOWDED MARCW 1, 1947 IN BOOK 1492, PA(3E 86 OF pFFICIA4 RECORDS TO A POINI' 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT STRIP OF IAND DESCRIBED IN OEED TO STATE OF CALIFORNIA, RECORDED JUNE ~t, 1934 IN 80QK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTH~ASTERLY HAVIrJG A NRpIUS OF 8~54.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FRdM A TANC9ENT BEARINC3 NOR~TH 46 DEG. 29' 11" EAST, THRGU~H AN AN(3LE OF 1 DEG. 41' S5", AN ARC DISTANCE OF 250.83 FEET TO THE INTERSECTION THEREOF WITH 7NE SOUI'HWESTERLY lIN[ OF THAT CERTAIN 80 F007 STRIP OF LAND DESCRIBED IN PARCEL ~ OF D~ED TO HENfiY F. DEL GIORGIO AND WIFE, RECORDED AUC3UST 7, 1948 IN BOOK 1682, PAG~ 364 OF OFFICIAL RECORDS; TF~:?tJCE SOUTHEASTEALY ALONG SAID SOUTFIWESTERLY LINF OF TFlt 60 FOOT ~TRIP CONVEYED TO DEL (~IORGIO, TO THE EAS7ERLY LINE OF SAID SECi'ION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINc dF SAID SEC~ION 36 TO YHE POINT OF BEQINNING. PARC~L 2: THAT PORTION OF THE SOUTHEAST ~IJARTER OF 8~CTION 38, TOWNSHIP 3 SOU?H, RANGE 9 WEST, SAN BERNAFiDINO MERIDIkN, AC~UIRED BY THE STATE OF CALIFORNIA, BY A DEED RECORDED IN DOOK 2079, PAC3E 180 QF OFFICIAL RECORDB OF ORANCiE COUN fY, BOUNDED NGRTHWESTERLY BY A LING DESCRIBED AS FOLLOW~: BEGINNING AT A POINT Ifv Tt-IE SJUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH UNE EASTEFiLY 29.10 FEET FROM THE NORTHEASTERLY TERMlNUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44 DEG. Oy' 42" EAS1' E86.98 FEEt' IN PARCEL t OF A DEED RE"'~t~ED IN BOOK 1731, PAGE 521 OF SAID OFFICIAL RECOfiDS; TNENC~ NORiNEASTERLY If~ A QIRECT UNE TQ THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COUFtSE DESI:RIBED AS "SOUTH 25 DEG. 55' 27" EAST A DISTANCE OF F,4.83 FEET TO THE INTERSECTION THEREOF WI7H .4 CURVE' IN A QEED RECORDED IN BOOK 2285, PAGk A82 OF SAID OFFICIAL RECORDS. ;, ,~ ~ .,n CR1881 MiS.wp -1. PC93-99 .~ ~ PARCEL 3: THAT PORTION OF THE SOUTHEAST ~Ui>RTER OF SECTION 38, TOWNSI-IIP 3 SOUTH, RANGE 9 WEST, SAN BFRNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BE(31NNING A7 THE MQST WESTERLY CORNER OF THE LAND DESCRIBGD IN DEED TO FRANK MINISSAI.E AND WIFE RECORnED MARCH 13, 1970 IN BOOK 9238, PAQ~ 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTWF~ISTERLY ALONG TFIE NORTWWESTERI»Y LINE OF SAID LAND TO 7HE MOST SOUTHERLY CORNER OF THE 1~4ND DESCRIBED IN DEEO TO THE S7ATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952 IN DOOK 2295, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONf3 THE SOUTHF~IS7ERLY LINE OF SAID LAST MENTIONED LAND, BEIN~ A CURVE CdNCAVE SOUTHEASTERLY HAVINC3 A RADIUS OF 8454.00 FEET, (A RADIAI. LINE OF SAID CURVE PASSING ThIROUGH SAID MOST SOUTHERLY CORNER BEAFiS NOR7H 43 QEG. 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN A3 HAVINC3 A DISTANCE OF 42.00 FEET MORE OF LESS ON 7HE MAP A71'ACHED TO EASEMENT DEED RECORDED MhY 9, 1977 IN BOOK 12185, P~4GE 1245 OF SAID OFFICIAL RECORDS; THENC:E /1LONCi NORTHWESTERLY PROLONC3ATION OF SAID COURSF NORTH 3tl DEC3. 07' 15" WEST 0.82 FEET TO TWE BEQINNINt3 OF A TANGENT CURVE ~ONCAVE SOUTHERLY HAVING A RADIUS OF /8.00 FEET; THENCE VIItSTERLY ALONCi SAID CURVE THROUC3H A CENTRAL ANGLE OF 93 DEG. 48' 56" AN ARf; pISTANCE OF 29.47 FEET TO A COMPOI'NQ CURVE CQNCAVE SOUTHEASTERLY HAVING A RADIUS OF 8a7a.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANaLE OF 02 DEG. a3' 3~" AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 38; THENCE AL.ONG SAID SOUTHERLY LINE NORTH 89 DEG. 54' 12" EI4ST TO '~HE POINT OF BEGINNING. WHEREAS, the City Plannfng Commisslon did hofd a publlc hearing at tha CNic Center in the Cfty of Anahoim on July 26, 1993 at 1:30 p.m., ~otice of said public hearing havinp been duly given as required by taw and in accordence with the provlsions of the Anaheim Municiral Cqde, Chapter 18.03, to hear and consider evidence for and against sald propossd conditiarial uso permit and to investigate and make ftndings and recammend~tfono in connection therowith; and tiiat sald publfc hearing was continued to the August 9, and September 8, 1993 Planning Commfssion meetings; WHEREAS, sald Commission, after duo Inspection, (nvestigatfon and st~dy made by ftself and In ftg behalf, and aRer due consfderatfon of ail t~idonce and reports oHered at said h~;aring, does find and determine the following factg: 1, Thet the proposed use is prope~ly one for which e aonditlonal use permft is authorized by Anahefm Munici~al Code Section 18.21.050.180 to permlt an 89•~ ed convaloscert facliiry wfth waiver of the followinQ: ,~ctions 1~.06.059~42~ - ~i,inimu _ pymbor of aarkina soacd~. ~1,~QQ (55 aQa~@ proposed, as determ(ned by parking study; and 18.21.066,010 y1 ,9~ces required by Code) 2. That the perking waNer is hereby denfecl on the basfs that such waiver wlll cause an increaso in traific congestfon In the Immediate vicinfty and adversoly aHect adJoinin~ land uses; 3. That the grenting of the perkin~ v~riar~ce will be detrimental to the peace, health, satety or general wolfaro ot the citizens of the City of Anahefm; I Y ~~ ;~; ~ ~ ~ i { i ~ 1`~e. -2- PC93-99 f~ ~ , i, 4. That the proposed use Is properly one for whlch a condftional use permit is authori,,ed by ,~ the Zonfng Code; u ~~, 5. That the use Is hereby approved, In part, tor an 00•bed facility Instoad of 94 beds, as ~v advertised, or 89 beds, as revised following the advortisemont; } B, 7hat the praposed use, as gra~~ted, wlll not adverseiy affect the adJolning land uses and ! the growth and development of the area in whlah ft is proposed io be located; ~ 7. That the sl:e and shape of the sfte for the proposed use, as granted, Is adequate to altow ; the full development of the proposed use in o manner not detrlmontai to the particular area nor to the ~ peace, health, sa(ety, and general weltare; ' 8. That tha traffic peneratad by the propose9 use, as {~rAnted, wlll not imposa an undue burden upon the streets and highways deaigne!i and Improved to carry the treNic in the area; 9. Thet the granttng of the condftional use pgrmit under tiie conditlons imposed will nat be detrimental to the peace, heaith, satety and genoral welfare of the citizens uf the City of Anahelm; and 10. That two (2) poopio indicated their presence at said puh~lic hearing in oppositfon; and that correspondence wes received fn opposition td the subJect petitlon. CgLIFORNIA ENVIRONMFNTAL QUALI~ ACT FINDING: That ihe Anaheim City Plsnning Commission has revfewed the proposal to permit an 80-bed cnnvalesceM tar,liiry (94 bed3 orlpinally proposed) with waiver of minimum number of parking spaces on an Inegularly ahaped parcel of land consist(ng of approximately 1.~9 acrea located at tha southwest corner of Santa Ana Cbnyon Roed and Mohler Drive, having approximate frontages of 406 ieAt on the south side of Santa Ana Canyon Rosd and 300 foet on the west sido of Mohlor Drive and further described as 111 So~~th Mohlsr Qrhie; and dooa hereby approve the Negative Declaratfon upan finding that ine declaration reflacts the Independent judgement of the lead agency and that it has consfderad the Nogetfve Declaration togethsr wlth any comments recoived during the public revfew process and turther ilndine on the basia of the fnitial at~dy and any comments rscoived thet there Is no substantial evldence tFiat the proJect will have a slgnificant effoct on the enviroriment. NOW, THEREFORE, BE IT RESOWED that the Anahelm Cfry Plenning Commiaslon doea horeby grant subject Petition ior Conditional Use Permit, In part, upon the following conditlons whlch are hereby found to be a nocessary prerequisite to the proposed use of the sub~~ct pruporty In order to preserve ths satery and general wolfare of the Citizens oi the City of Anaheim: 1. That the potftioner shail develop the equestrian and hiking trefl aasement In accardance with City Standard No. 603, anu that development of the trail shall be subJect to revlew by the Parks, R~crRation and Community Servfces Department. 1'he trnil improvements ahall be completod prlor to or.cupancy. 2. That street Iigtiting facilitfes along Santa Ana Canyon Road shall be inetelled as requtred by the Utilftles General Manaper In accordance with specHicationa on flle In thP ~fflco of the UNlfties Genaral Manager; or that security In the form of a bond, certiflcate of deposft, letter of crodft, or cash, in an amount and form satisiactory to the Cky of Anahefm, shait be posted wfth the Ciry to guarantee the satisiactory completion of the above•mer~4loned improvements. ~aid security shall be posted with tho Cicy of Anaheim prior to issuance of a buliding permft. The above-requlred fmprovements shall be installed prior to occupancy. ' ::... :;.~~~ ~. PC93•99 r. ~ i , ~ 3. That the southem driveway sh~ll be alipned wkh the eastem portlon of Mohlor Drive and j reconstructed to accommodate ton (SO) toot nadiua ctirb returns, es required by the City TraHic and d :, Transportation Manager. ~: k ~ 4. That an on•site tresh truck tum-erouncl area ahall be provkied and maintained to the aetlataction ot S the Depenment of Maintnnance. Said tum-around erea shall be specHically showr- on plans subm~ted ~ tor building permfts. ~ 5. That t~ash storage areas shall be providecl and malntalned In a locatl~n acceptabla to the Department of Mainlensnce and in eccardance with eppra~ed plans on fNt with aaid OepaKment. Such intorm9tion ahall be spocl~c:a~lY shown on the plans submitted for buUdlny permfta. 6. 7hat a plan aheet for solid waste etonge and cdlection, and a plan for recyclinp Rhall be aubmiKed to the DepeRment oi MafMenance tor revlew end approval. 7 That prbr to lasuance of e buAdinQ permlt, a Lot Une Ad~ustment Plat to combtne ths three (3) Enpin er~~ Fd owtnp epprrn+a~~'sheligbemrecordtedtwKh the ~ONlce d e Oranp ~CouMy Recunier. 8. Thet prior to commencement of atntcturnl iraming, fire hyclrants shall Ce Instailed and charqed as roquired end approved by the Firo DepaKmerR. g, That e~l ~xkabie pedestrian and/or vohlculer access pates shall be equfppad wRh 'knox bo~ devicea as requlred and approved by the Fire DapaRment. 10. That a Iocai tire alarm synert~ shall be Installed as required by thA Flre bepeRment. t 1. Thet sub~ect facAity shall be IlmRed to e max~mum of efyhty (80) beds. 12. ~fhat prlor to Issubnce d a buUdfng permR, preclsa ptans shel~ be subminad to the Planninp Commi~ for revlew arxi opproval at e duly noticed pubic hee~. Bu~Ject property ahaU thereaRer be dwelopdd in acc~rdenca wlth aaid appro~-ed plans. 13. Thet e rr.'nimum MreMy lire (~5) foot ~etbeck, es meeaured from the proper~Y line, ahN~ be P~~~ alony Sama Ana Cerryon Road. 14. Thst prlor to F~wance of e buAdiny permlt or wlthln s pei~cd of one (1) yeer from the dato of thls retdullon. which~+r9r occura flrst. CondRlon Nos. 2. 4. 5. 6. 7 and 12, abcnr~m~ntku~sd~ thall bo complfed with. Extenalons tor fuRhor t(me to completo ~afd corr,iRlon~ may be prentad In sccnr0ance with Sect~x 18.03.090 0l tho Anehelm Municipel CeAe. 15. That pdor to tlnel buNdin~ .nd zon(np Inspoctiont. Gondnlon Nos. t, 2, 3. 0, 10. 12 and 13, : ebclv~B•nteMfonod~ ~hell be COmplled wRh. 18. Tl~~et epprovo~ a ~hi~ applk~tlon cauthutos approval ot the propored roqu~a~ ~Y to the extent thet 1 It compllet wlth the Meholm Munk~ipel Zoninp Ceda and ony d'ar applicablo Gty~ State and F~eral ,..~~1 reqdattons. Approval doo~ not Indude any actbn or tindinpt es to oompllanct or epproval -oqu~ri roqerdinp ony Wta~r spplicabls ordMsnct~ reyulatbn ~c -equ~r~rnoM. BE IT FUHTHER RESOWEO thst 1ha AneNetm GN P~arn~r~l Comml~ion doo~ hixoby find and determine thet ed~ptlon d this Ro~polutlon it mcpro~Ny P~icatod upon applicant's compllenc~ wlth eech snd ell of ihe c~nddbns horolnabovo at torth. Sheuld any such condll~on. ar any PeR thoroot. be Resolution~and any eMxovala Mrel contaab d. sha ~ do~o1rtwd rn~! e~~ ~urtedktlo~, th~n thls ~t- ~ THE FOREGOINd RESOLUTION was adopted at the Planning Commisalon moeting oi ~ 8optember 8, 1993. ~~~~.~~~:1.~_'.~.r~ CHAIRMAN ANAHEIM CITY PLANpI1NQ COMM~ 188~ON ATTEST: ~ ~ f . /$E ETARY, ANAHEIM C~tfiY PLANNING COMMISSION ~ STATE OF CAUFORNIA ) COUNTY OF ORAN(3E ) ss. CITY OF ANAHEIM ) I, J3net L. Jensen, Secretary of the Anat-elm City Plann(ng Commtss!on, do hereby ceKtfy that the foreyo~ng resdutlon was pa~sed and adopted at a meeting of the AnAhatm Ciry Planninp Carmir~sion hc!d on 3eptember e, t993, by the toltowfng vote oi the members thereof: AYES: COMMIS310NERS: BOYDSTUN, HFNNIN(iER, MESSE, PERA7~- NOES: CQMMISS14NEF3: CAI.DWEU., MAYER ABSENT: GOMMIS310NER3: TAIT i; IN WITNESS WHEREOF, I have hereunto set my hand thls ,.~4~ dey ot ,~ `y~~.11993. _,_ _r_ ~ CRETARY, AN HEI CITY PIANNINQ COMM{3SIVN / ~ ~~~. .~~ .~- Pc~.~ 1 ~ ~, ;