Loading...
PC 83-119. _ , ,,.~ RESOLUTION NO. PC83-119 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITIOII FOR CONDITIONAL USE PERMIT NO. 2458 BE GRANTEll, IN PART WHEREAS, tt,e Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from G. COMMUNITY HOSPITAL CORPORATION, INC., P. 0. Box 1438, Louisville, Kentucky 40201 owner, and ~ALMARK DEVELOPMENT CORPORAT?ON, P. 0. Box 2128, Santa Monica, California 90406, agent of certain real property situated in the City of Anahei,~~, County of Uranga, State of California, described as: THAT PORTION OI' TH~ WEST HALF OF THE SOUTHWEST QUARTER OP THE SOUTHEAST QUARTER OF SECTION 18~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO LOS COYOTES, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SATD SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OE LOT 51 IN TRACT N0. 2563; AS PER MAP RECORDED IN BOOK 78, page 19 OF MISCELLANEOUS P~APS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 89° 22' 14" EAST 360.33 FEET ALONG THE SOUTH LINE OF LOTS 51 TO 55 INCLUSIVE OF SAID TRACT TO THE WEST LINE OF LOT 57 OF SAIll TRACT; THENCE SOUTH 0° 37' 46" WEST 282.69 FGET ALONG THE 47EST LINE OF LOTS 57 TO 60 INCLUSIVE OF SAID TRACT TO THE SOUTHWEST CORNER OF SAID LOT 60 ON THE NORTH LINE OF THE ALLEY SHOWN ON THE MAP OF SAID TRACT NO. 2563; THENCE NORTH 89° 22' 14" WEST 360.27 FEET ALONG THE SAID NORTH LINE OF THG ALLEY TO THE EAST LINE OF GILBERT STREET SHOWN ON SAID TRACT MAP; THENCE NORTH 0° 37' 00" EAST 282.69 FEET ALONG SAID EAST LINE TO THE POI.NT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 1983, at 1:30 p.m., notice of said publ~c hearing hav?ng been duly qiven 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 propo~~d condit•ional 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 ac said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a eonditional use permit is authorized by Anaheim Municipal Code Section 18.34.050.130 to wit: To permit a 94-unit senior citizens apartment complex in the RM-1200 (Residential, Multiple-Family) Zone with waivers of the following: (A) SECTION 18.34.061.010 - Minimum buildi~g site area per dwelling (deleted) #0687I PC83-119 --. ,--` (B) SECTION 18.34.O61.012 - Maximum structural height (deleted) (C) SECTION 18.34.062.032 - Minimum floor area per dwelling unit (deleted) 2. That subsequent to advertisement of the waivers, it was determined that Anaheim Municipal Code Section 18.34.050.130 authorize~ the Plannin9 Commission to establish development standards for senior citizen projects pursuant to the conditional use permit procedure and not to the underlying zoning; therefore, no waivers are necessary for subject project. 3. That the proposed use is hereby granted subject to che following stipulations made by the petitioner at the public hearing: a. That the proposed carports located along the alley on the south property line shall be converted to enclosed garages with automatic garage door openers. b. That the six (6) foot high masonry block wall to be located on the north and east property lines shall be measured from highest finished adjacent gcade level. c. That the property owner shall record a covenant requiring that the occupancy of the units shall be limited to at least one person being no less than 60 years of age and that the complex shall be maintained for senior citizen housing for a period of no less than thirty (30) years. 4. That the proposcd use wi11 not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use is adequate to allow ~he f.ull development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the street:s and highways designed and improved to carry the traffic in the area. $. That 11 persons indicated their presence at said public hearinq in opposition; and that no correspondence was received in opposition to the subject petition. _z_ PC83-119 ENVIRONMENTAL II4PACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a 94-unit senior citizens apartment complex in the RM-1200 (Residential, Multiple-Family) Zone on a rectanyularly-shaped parcel of land consisting af approximately 2.33 acres, having a frontage of approximately 280 feet on the east side of Gilbert Street, and further described as 950 South Gilbert Street; an6 does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that ti.ere wculd be no significant individual or cumulative adverse environmental impact due to the approval of th;s Negative Declaration since the Anaheim General Plan designates the subject property f~r low-density residential land uses commensucates with the proposal; that no sensitive envizonmental impacts aze involved in the proposal; ~that the Initial Study submitted by the petitioner indicates no significan_ individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiatin9 the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which sre hereby found to be a nece~sary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting pucposes along Gilbert Street in an amount as determined by the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 3. That drainage of subject property shall be dispo~ed of in a manner satisfactory to the City ~ngineer which snail include extension of the storm drain in Gilbert Street to the northerly property line of subject property, 4. That street lighting facilities along Gilberc Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Of.fice of Utilities General Manager, and 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 ~o approval of building permits. The above-required improven~nts shall be installed prior to occupancy. 5. That subject property shall be served by underground utilities. 6. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to b? necessary by the Ch~ef of the Fire Department. 7. That trasl~ storage areas shall be provided in ac^ordance with approved plans on file with the Street Maintenance and Sanitation Division. -3- PC83-119 ~ 8. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3• That the owner(s) of subject property shall restripe Gilbert Street, providing a southbound left-*_urn access lane and shall modify existing parking restrictions on Gilbert Street, as recommended by the City Traffic Engineer, and subject to passage of a parking ordinance restricting parking along Gilbert Street. 10. That all driveway widths shall be a minimum of 25 feet wide. 11. That pr.ior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects", 12. That a 6-foot high masonry block wall measured from highest finished adjacent grade level, shall be constructed alon9 the north and east property line(s) (a) and/or that a bo,~d in an amount and form satisfactory to the City of Anaheim shal~ be posted with the City to guarantee the installation of said wall prior to final building inspection. 13. That the owner of subject property shall record a covenant requiring that the occupancy of these senior citizens units shall be lim3ted to at least one person being no less than sixty (60) years of age and that the complex shall be maintained for senior citizen housing for a period of no lesa than thi-ty (30) years~ The form and content of said covenant shall be reviewed and approved by the City Attorney's Office prior to recordation. 14. That the subject property shall be developed sub.,tantially in accordance with plans and specifications on file with the City og Anaheim marked Exhibit Nos. 1 through 5, provided, however, that aZl proposed carports frunting on the alley to the south shall be constructed as enclosed garages with automatic garage door openers. 15. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, and 13, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may tie granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final building and zoning inspections, Conditions Nos. 3, 5, 7, 9, 10, 12 and 14, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim Cit}~ 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. ahould any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment oL any court of competent jurisdict.ion, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- PC83-119 ^ r- THE FOREGOING RESOLUTION is signed and approved by me this 27th day of June, 1983. ~~~r ~~ CIiAI AN~ ANAHEIM CI PLANNING COMMISSION ATTEST: ~G~-¢ ~ii ~C • ~~~~ri SECRETARY~ ANAHEIM CITY FLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. 3arris, Secretary of the Anaheim City Planning Commisaion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plannin9 Commission held on June 27, 1983, by the following vote o: the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST~ KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June, 1983. ~ , /a~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC83-119