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Resolution-PC 94-91`~ ~'. ~ w~" ~ RESOLUTION NO. PC~~4-~1 A RESOLUTION OF THE ANAHEIM GITY PLANNING COMMISSION 1'HAT PETI710N FOfi CdNDITIONAL l1SE PEFlMIT NO, 3697 B~ GRANTED WHEREAS, the P,nahoim City Planning Commisslon did racaive a varliled Petltlon for Conditional Use Permit fur certair~ real property situated in the City of Anaheim, Gounty of Jr~n9o, Stnte of Californla, described as: PARCEL 1: THA7 fyORTION OF L07 10 OF THE MILES RpNCHO, Ifv THE CITY GF ANAHEIM, COUN7Y OF QRANGE, STATC OF CALIFORNIA, AS SHOWN ON A MAP RECORDEU IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECURQER OF SAID COUNTY, DESCRI6ED AS FOLLOWS: BEGINNlhG AT A POINT ON THE NORTH[RLY LINE OF SAID LOT 9, WESTERLY 328.98 FEET FROM THE NORTFIEAST CORNER OF SAID LOT 1~; THE~ICE SOUTH 1319.30 FEE7 TO A POINT ON THE SOUTHERLY LINE OF SAID LQT 10, WESTERLY 330.98 FEET FROM THE SOUTHEIST CORNER TMEREOF; TF'ENCE WESTERLY 346.48 FEE? ALQNG S,41D SOUSHERLY LINE TO THG SOUTHWEST CARNER THEREOF; THENCE NOA?HERI.Y 1319.98 FEET ALQNG THE WESTERLY LINE OF S~\ID LOTS TO THE NORI"HWES~' CORNER pF $~41D LOT 9; THENVE EASTERLY 346.9II FEf.T ALONG THE NORTHERLY LINE OF SAID LOT 9 TO THE POINI' OF t3EGINNING. kXCEPT TI-IE NORTf~ 770.OQ FEET THEREQF. ALSO EXCEPT THE SOUTH 285.00 FE~? 7H~RFOF, MEASUR~D FROM TME CENTERI_INE OF LA PALMA AVENUE, ALSO EXC~PT THE WESi 170.00 rEET THFREOF, MEASL'RED FROM "HE f;EhTEFlLINE OF WEST STP,EE? ADJOINING SAID LOT ON THE WEST. ALSO EXC~PT THAT PORI'IUN OF THE WcST 185.~70 FEET THEREOF, MEASURED FHOM THE GENTERLINE OF ~vEST STREET, LYING SOUTHERLY OF THE FOLLOWING DESCRIfiED I.INE: gEGINNING AT A POINT ON TME CENTF.RLINE OF WEST STR~ET 110.00 FEET SOUTH FROM TFIE SOUTHWEST CORNER OF THE L~NU CONVEYED TO JOHN STOPJCH BY L~EED RECORDE~ APRIL 3, 1951 IN BOOK 2168, PAGE 618 QF OFFICIAL RECrJRDS; THENCE NORTH 89 ~EG. A3' 20" EAST 135.00 FE~T PARALLEL WITN THE SOUTH LINE OF 5AID Ip.ND CONVEYED TO STONCH. PARCEL 2: THE .iOUTH 60.00 FECl' OF THAT PORTION OF LOT 10 OF MILES RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, A.~, SMUWN ON A MAP RECORDED IN BQOK ~, PAGE 7 QF MISCELLANEOUS MAPS, iN THE OFFICE OF 7NE COUNTY RECORDER OF SAID COUN'~Y, QESCRIBED AS FOLI.OWS: CR213E1AlIS.WP -1- PC94-91 ,_ ,. ~~;,~,, BEGINNING AT THE NORTHWEST' CORNER OF LOT 9 OF MILES RANCHQ, BEING TI-IE C[NTERLfNE INTERSECTIO~J OF THE ROADS ApJ01NING SAIn LOT, AS SHOWN QN SAlD MAP; TMENCE SOUTW 0 DEG. 25' 10" EAST 65e,00 FEEf ALdNG THE WEST I.INE OF Sh~D LOT 9 AND L.OT 10 TO THE TRUE POINT OF BCGINNING; THENCE PVQR~ H 89 DEG. 43' 20" ENST 362.95 FEEf PARAILEL WITH THE NORTH LINE OF SAID LOT 9 TO THE EASTERLY LINE OF 7HE LAND DESCAIBED IN TFIE DEED ~'O DAVID CORDERMAN, RECORDED IN B001< 1156, PAGE 18 UF OFFICIAL RECORDS;'fHENCE SOUTH 0 DEG. 24' OQ" EASI' 120.00 FEET AL.ONG SAID EASTERLY LINE; THENCE SOU7H 89 DEG 43' 20" WEST 362.77 FEET PARALLE~ WITH SAID NORTH LINE TO SAID WEST LINE; THENCE NORTH 0 DEG. .~.9' 10" WEST 120.00 FEET TO THE 7RUE POlNT OF BEGINNING. EXCEPT THE WEST 170.00 FEEl' 7HEREOF, PARCEL 3: THE NORTH GU FEET OF THAT PORTION OF LqT 10 OF 7FIE MILES ~iANCHO, IN THC CITY OF ANAHEIiVI, COUNTY OF ORANGE, STATE QF CALIFORNIA, AS uHOWN ON A MAP RECURDED IN BOOK ~l, PAGF 7 OF MISCELLANEOUS MAPS, IN TH[ nFFICE OF TME COUNTY RFCQRD~R OF SAID COUNTY, DESCRIBED AS FOLI!JWS; B~GINN(NG A THE NORTHWESI' LINE OF LOT 9 OF SAID MILES RANCHO, BEING THE CENTERLINE INTERScCT10N OF Tf-IE ROADS ADJAINlNG SAID LOT, AS SHOWN ON SAI~ MAP; TI~{ENCE SO~1TH 0 DEG. 29' 10" EAST 656.00 FEtI' ALONG THE WES'1' LINE OF SAID LOT 9 AND LOT 10 TO TI-IE TRUE POINT OF 6EGINNING; THEIVCE NORTH 89 DEG. 43' 2Q" EAST 362.95 FEET PARAI.LkL WITH THE NORTH LINE OF SAID I.OT 9 TO THF EASTERLY LINE OF THE LAND LIESCRIBED IN THE DEED TO DAVID CORUERMAN HECORDED IN 500K 1156, PAGE 18 OF QFFICIAI. RECORUS; THENCE SOUTH 0 QEG. 24' Op" EAST 120.00 FEET ALOiVG SAID EASTERI_Y LINE; 71-IENCE SOUTH 89 DEG. 43' 20" WEST 062.77 FEEI' P/1RALLEL NJITH SAID NOR7H LlNE T(~ SAip W~BT I.INE; THEtVCE NOR7H 0 DEG. 29' tU" WE5T 120.00 FEET TO TME TRUE POINT nF BEGINNING. EXCEPT T'rIE W~ST 1 i0.00 FEET THFREOF. WHEREAS, th~ City Planning Commission dfd hold a publlc hearlnq at the Civfc Centor fn the City of Anahefm on July 11, 1994 at 1:30 p.m., notfce of said public hearing havfng boen duly given as roqu(red by I~w and in Accordanco with the provisfons of the Anaheim Municipal Code, Chapter 18.n3, to hoar and consider avidence tor and ~gainst said proposed conditfonal use per•mit and to inve~tigate and make findings and recommondatfons in connoction therewith; and ~'1HERtAS, sald Commission, aiter due Inspoction, investiga:lon and study mado by Itself and in fts behaif, and after duo considerat(on of all evidence and reports oHered at safd hsaring, does find and determine the followfng facts: 1. That the propo~~d use Is properly one for which a conditfonal ~~so pormit is authorized by Anahelm Munic~hal Code Sections 18.34.050.080 and 18.21.050.180 to permit tho additlon of a stqrage bullding to an existfng skiilod nurs(nc~ tacility with waiver of the foltowing: SoctlQn 18.Oa.0~t2.020 - Min(ms~m setback for institutional uses adjacent ta res(dqntial zone bounc~,yr . (t 5 feet required between (nstitutionai uses and adjacent residential zani~~g; 5 feot proposed alonp north and east properry I(nes abutting RM-1200 zoning) -2- PC94-91 Wif/~'A jb~. ~-V,` 2, That there are special circumstances applicable to the property consisting of Its irregular shape, location and surroundings, which do not apply to othor ldentically zoned proporties In the vlcinity because subject bullding wlll be located along the same bullding Iine as thv existing mafn structure (~pprovod under a previous Codo waiver) und, th~refore, will not impose any additlonal burden on the adjoining nroperty; ~nd that the proposed structure will have Iittle, if any, visual impact on tha adjacent FiM-1200 zoning becauso the parcel to the north is developed with carports afc~ng the shared property Iino and tho ~rarcel to the east Is devel~ped with a driveway alon~7 the sharod property Ilne; 3. 1'het ;trict application of the Zoning ~ode deprfves the propert,y of privileges enJoyed by other propaities under ldentical zoning classi(fcation in the vicintry; 4. That the proposod use is properly one for vvhich a cond(tional use permft is authorizod by the Zoning Code; 5. Thai the proposed use will nat adversely aiiect the adjoining land uses end tho growth and development of the area in which it is proposed ie be located; 6. 'that the s(ze and shape of the sito ~or the proposed use is adequate to allow the full developmont of tho proposed use ~n a manner not detrimental to the particular area nor to the peace, health, safety, and goneral welFare, and that tho proposoc! storage building will create additional usoable space for the faclllty and will provide improvecl service (or its residents; 7. That ?ho trafflc generatod by the propasod use wiil not impose an undue burden upon the streets and hlghways designed ~nd fmproved to carry the traffic in the area because the ptoposed storage buildfnq wiil not requfre any addit(on21 parl<fnq and Sho current parking suppiy will be adequate t~nd in compliance with Code requireme.~ts; 8, That the c~rantfng of the conditional uso permit under the conditlons imposed wlll not be detrimental tp the poace, health, saFety and peneral welfare of the citizens of the City of Anaheim; and 9. That no one indicate.~i thelr prosencc~ at sa(d public hearing In opposiNon; and that no correspondence was rece(ved in oppositSon to th~a subJect pet(tion. CALIFORNIA ENVIRONMENTAL C~UALITY ACT FINDING: That tho Anaheim Cfty Pianning Commission has revfewed the proposal te pormit the addit(on of a storage building to an existing skilled nursing facflity with wafvor of min(mum setback for (nstitutional uses adjacent to residentfal zono boundarfe~ on an irregularlyshepod parcol of land consistfng of approximately 1.34 acros, having a frontage of approximately 240 feot on tho v~est side of Lelsure Court, having a maximum depth of approximately 1n7 feet, being located 285 fe~t norch of the cento~ifne of La Palma AvQnue and further descrlbed as it35 North Leisure CouK; and ~loes hereby approve the Negative Declaratlon upon finding that the deciaration refiects the independent 'udgement of the lead agency and that it has considerod the Negative Declaratlon tegether with anv com n~nts received during ttie public revlew procoss and further f(nding on the basis of the initiat study antl any comments roceived that there fs no substantial evidence tha4 the proJect will have a sfgnii(cant efiec: on the anvironment. NOW, THEFiEFORE, BF iT RESOLVED that the Anaheim City Plannfng Cnmm(ssion does hereby grant subJect Petition for Conditio~ial Use Pe:mit, upnn the following condltions wl~ich are hereby found to be a necessary prerequisite to tt~e propos~d use of the subJsct property fn order to preserve the safety and general welfare of the Citizen3 of tho City of Anaheim: 1. That sub~ect property shall be dQ~ ~loped substantiaily in accordance with pians and specifications submitted to the City of Anaheir:- by tho petit(oner and whfch plans are on file with the rlanning Deplrlment marked Exhlbit Nos. 1 through 3. -3- PC94-91 p•u 2. That with(n a period of one (t) year Irom the dato of approval of this resolution or prior to final building and zoning inspecti~ns, whir.hevor occurs tfrst, Conditlon No. 1, above-mentionod, shalt be cumplied witti. Extensions tor furlher tfine to complete 3aid conditions may be 4ranted in accordance with Section 18.03.090 oi ihe Anaho(m Municipal Code. 3. 7hat approvai of this application consti!utes approval ot the proposed request cnty to the extent that ft complios with th9 Anaheim Municfpal Zoning Code and any other applicr~ble Cfty, Stata snd Federal regulatlons. Approval d~es not Include any action or 11nc1?ngs as to compliance or ~pprovs~l of the roquest regarding any other applicable ord(nance, reg~~lation or requlrement. 9E IT FURTHER RESOWED that the Anaheim City Planning ~•,mmisslon doAS horeby tind and determine that adoptlon of this Resolution ts expressly pradfcatecl u , applicant's compliance with oach and all o} the cc~ditiuns horefnabov¢ sot forth. Should any such ca~dftion, or any part thereoi, be declared invnlid or unenforceaMe by the Ifnal ~udgment oi any court ot competent J;irisciictfon, then this Resolution, and any approvals hereln contained, shall be deomec! null and void. THE FhREGOING RcSOLUTION was adopt~i at the Planning Cortimisslon neoting of July 11, 19J4. ~ CHAIRMAN ANA EIM CI~NG COMMISSION ATT~5T: ,~~~ -~ ~r•~=~~'~ ~~ ~.~y(~.:.-~==~ai-~__~ 5ta.;RETARY, ANAFILIM CITY PLANNING COMMISSION STATE OF CM.IFORN(A ) COUNTY AF ORANGE ) ss. CITY OF ANAFIEIM ) i, Janet L,lansen, Socrotary of thn Anaheim C~ty Planning Commtssion, do hereby certHy that the foregoing res~lutlon was passed ancl adopted at a meetlnd c~f the Anahelm City Plor,ntng Commisslon hold cn July 11, 1994. by the idlowlnq votP of the mombers thereol: AYE3: COMMIS510NEHS: CAL~YV~I.I. HENNINGER, MAYEN, PEfiA7J1 NOES~ COMMISSIONERS: NONE ABSENT: CON,MI,riSIONERS: BOYOStUN, MES~E, TAIT IN WITME53 WHERE4F, I have hereunto sot my hand this 1 L. /~,~ day ot , ~ i~_, 1994. f~ .~..E ~~~ .s..'L ' ~+L ' L~~:.yi '- ~S7CRET/WY, ANAHHM CITY Pl1~NNINC~ COMMISSION ..~. ?C9~4•91