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Resolution-PC 99-188RESOLUTION NO. PC99-188 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4156 BE DENIED WHEREAS, the Anaheim City Pianning 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 THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE OF THE CENTER LINE OF THE SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED RECORDED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS OF ORANGE COUNTY, SAID BOLT BEING LOCATAED APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTIOP! OF SAID CENTERLINE BY THE WEST LINE OF SAID JUAN YORBA ALLOTMENT; THENCE NORTH 60° 22' 55" EAST 306.34 FEET ALONG THE TANGENT OF SAID CURVE AND THE CENTER LINE OF SAID HIGHWAY TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 249.22 FEET MEASSURED ALONG SAID CENTER LINE FROM THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO KARI AHRENS, RECORDED JANUARY 17, 1948 IN BOOK 1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 29° 13' 15" EAST, 411.74 FEET ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE SANTA ANA VALLEY IRRIGATION COMPANY ANU RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 78° 20' WEST 542.42 FEET ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LLINE OF LOIT 4 OF THE LNAD OF E. WALTER PYNE, AS SHOWN ON LICENSED SURVEY MAP FILED IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF SAID COUNTY; THENCE NORTH 3° 50' 40" EAST 78.70 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TANGENT LINE OF SAID CURVE; THENCE NORTH 74" 10' 25" EAST 71.97 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION OF SAID LAND, AS DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, BY DEED RECORDED JUNE 29, 1948 IN BOOK 1661, PAGE 227 OF OFFICIAL RECORDS, AND RE-RECORDED JULY 30, 1948 IN B(:OK 1678, PAGE 214 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 1999 at 1:30 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 18.03, to hear and consider evidence for and against said pr~posed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspoction, investigation and study made by itself and in its behalf, and after due consideration of a~l evidence and reports offered at said hearing, does find and determine the follov:~:~~~ f~cts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipai Code Section 18.2'l.050.180 to construct a two-story senior assisted lfving and Alzheimers care facility with the following waivers: Cr3790pk.doc -1- PC99-188 (a) Sections 18.04.042.020 - Reauired setback between institutional uses and and 18.21.063 residential zon~rla, (minirnum 15 feet required from residential zoning; 5 fee proposed from RS-7200(SC) zoning (b) Sections 18.05.080.030 - and 18.21.067.030 Permitted freestandina sian. (maximum one 4-foot hiah. 20 sa.ft. freestanding monument type identification sign permitted; one 7.5-foot hiah. 25 sQ.ft. freestanding dual-pole sign proposed) (c) Section 18.21.063.030 - Reauired reac vard setback. (minimum 25 feet required; 2.5 fee proposed) (d) Sections 18.06.050.026.0265 - Minimum number of oarkinq soaces. and 18.21.066.010 58 s aces required; 19 soaces proposed) (e) Section 18.21.062.020.0201 - Maximum 6uildina heiaht adiacent to a residentiai zone. 2.5 feet permitted when located five feet from a residential zone; 25 feet proposed from RS-7200(SC) zoning) 2, That the proposed use, a two-story senior assisted living and Alzhefiners care facility in the RS-A-4.',.000(SC) "ResidentiaVAgricultural - Scenic Corridor Overlay" zone, with waivers, is hereby denied. 3. That the requested waivers of (a) minimum st~uctural setback betwe~n institutional use~ and residential zoning, (b) permitted freestanding sign, (c) minimum rear yard setback, and (e} maximum building height adjacent to a residential zone are hereby denied based on 4. That waiver (d), minimum number of parking apaces, is hereby denied based the City Tra~c and Transportation Manager's recommendation that a minimum of 29 parking spaces (instead of 19 spaces) should be provided for this use; and, furiher, if the use were permitted and the proposed on- site parking proved to be inadequate, there would not be any alternatives for additional parking in the immediate vicinity. 5. That the proposed waivers could be eliminated or reduced if the densiry of the proposal was reduced. 6. That identification signage for the use could be adequately achieved with a sign that complies with the Zoning Code. 7. That the petitioner has not d~monstrated that the strict application of the Zoning Code would deprive this prope~ty of privileges enjoyed by other identically zoned ~roperli~s in the viciniry. 8, That the proposal, including the waivers, is more intense in terms of land use and density than is permitted under the General Plan for residential uses in this area. 9. That the proposal has the potential to adversely affect the adjoining residential land uses because Code-compliant setbacks are not provided to buffer and protect those adjacent land uses. 10. That the size of the property is not adequate to allow full development of the prnposal in a manner not detrimental to the generel welfare as evidenced by the numerous waivers for setbacks and parking. 11. That the traffic generated by thi; proposal may cause a burdera upon the public sVeets when vehicles are trying to enter or exit tkis property from Santa Ana Canyon Road at a drivEway located very close to th~ !r~tersection of Santa Ana Canyon Road and Anaheim Hiils Road. Cr3790pk.doc -2- PC99-186 12. That granting of this conditional use permit, as proposed, would be detrimental to the peace, safety and general welfare of the citizens of Anaheim, including the proposed 24-hour operation without adequate buffers to protect nearby residences. 13. That five people indicated their presence at the public hearing in opposition to the proposal; anc! that a petition with approximately 50 signatures in opposition was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the propos2l to construct a 2-story senior assisted living and Alzheimer's care facility with waivers of required setback between institutional uses and residential zones, permitted freestanding sign, required rear yard setback, minimum number of parking spaces and maximum building height adjacent to a rasidential zone on a irregularly-shaped 1.21-acre property located at the southeast corner of Santa Ana Canyon Road and Anaheim Hills Road, having frontages of 284 feet on the south side of Santa Ana Canyon Road and 44 feet on the east side of Anaheim Hills Road, and further described as 6100 East Santa Ana Canyon Road; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initiai study and any comments received that there is no substantiai evidence that the project will have a significant effect on the environment. NOW, 7HEREFORE, Bc IT RESOLVtl7 that the Anaheim City Planning Commission does hereby deny subject Petition for Conditionai Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of Ociober 25, 1999. ~~~~ ~~~ ~'/~-~~~~.~.; CHAIRPERSON, ANAHEINf CIT'Y PLANNING COMMISSION ATTEST: SECRETARY, ANA IM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning Commission held on October 25, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: BOYDSTUN ABSENT: COMMISSIONERS: ARNOLD i WITNESS WHEREOF, I have hereunto set my hand this °~~ day of 1999. , I~G,~a.2~~iu ~-Co~ SECRETARY, NAHEIM CITY PLANNING COMMISSION Cr3790pk.doc -3- PC99-188