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94-039 RESOLUTION NO. 94R-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3623. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 94-bed convalescent facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944 IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26 DEG. 01' WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINDER AND WIFE BY DEED RECORDED MARCH 1, 1947 IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO A POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT STRIP OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934 IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46 DEG. 29' 11" EAST, THROUGH AN ANGLE OF 1 DEG. 41' 55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7, 1948 IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF THE 60 FOOT STRIP CONVEYED TO DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACQUIRED BY THE STATE OF CALIFORNIA, BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS OF ORANGE COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44 DEG. 07' 42" EAST 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 25 DEG. 55' 27" EAST A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE" IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970 IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952 IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 43 DEG. 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN AS HAVING A DISTANCE OF 42.00 FEET MORE OF LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977 IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38 DEG. 07' 15" WEST 0.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93 DEG. 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8474.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 DEG. 43' 31" AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE NORTH 89 DEG. 54' 12" EAST TO THE POINT OF BEGINNING; and 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, Chapter 18.03 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. 3623 granting, in part, Conditional Use Permit No. 3623 (with a reduction to an 80-bed facility); 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 consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3623 be, and the same is hereby, granted permitting an 80-bed convalescent facility on the hereinabove described real property, subject to the following conditions: 1. That the petitioner shall develop the equestrian and hiking trail easement in accordance with city Standard No. 603, and that development of the trail shall be subject to review by the Parks, Recreation and Community Services Department. The trail improvements shall be completed prior to occupancy. - 3- 2. That street lighting facilities along Santa Ana Canyon Road shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the city of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 3. That the southern driveway shall be aligned with the eastern portion of Mohler Drive and reconstructed to accommodate ten (10) foot radius curb returns, as required by the City Traffic and Transportation Manager. 4. That an on-site trash truck turn-around area shall be provided ~ and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on plans submitted for building permits. 5. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 6. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 7. That prior to issuance of a building permit, a Lot Line Adjustment Plat to combine the three (3) existing lots into one (1) lot shall be submitted to the Subdivision Section for ~ approval by the City Engineer. Following approval, it shall be recorded with the Office of the Orange County Recorder. 8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 9. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 10. That a local fire alarm system shall be installed as required by the Fire Department. 11. That subject facility shall be limited to a maximum of eighty (80) beds. 6277.1\JWHIT£\MarcH 23, 1994 -- 4 -- 12. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 3 of Exhibit Nos. 1, 2, 3, 4 and 5." 13. That a minimum twenty five (25) foot setback, as measured from the property line, shall be provided along Santa Ana Canyon Road. 14. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 6, 7, 17 and 18, herein, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That prior to final building and zoning inspections, Condition Nos. 1, 2, 3, 9, 10, 12 and 13, above-mentioned, shall be complied with." 16. 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. 17. That a landscape plan shall be submitted to the Planning Commission as a Reports and Recommendations item for review and approval. 18. That a sign program shall be submitted to the Planning Commission as a Reports and Recommendations item for review and approval. 19. That the employee working shifts shall break at non-peak traffic hours. 20. That the total number of employees shall be limited to thirty five (35). 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. 6277.1\JWHITE\March 23, 1994 -- 5 -- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of March, 1994. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 6277.1\J%4HITE\March 23, 1994 -- 6 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-39 was introduced and adopted at a regular meeting provided by law,~0f the Anaheim City Council held on the 22nd day of Mamh, 1994, by the following vote of the.memb&rs thereof: . AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-39 on the 23rd day of March, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of March, 1994. / .... CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-39 was duly passed and adopted by the City Council of the City of Anaheim on March 22, 1994. CITY CLERK OF THE CITY OF ANAHEIM