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PC 83-214RESOLUTION N0. PC83-214 A RESOLUTION OF THE ANAHGIM CITY PLANNING COMMISSION THAT PETITION POR CONDITI~NAL USE PERMIT NO. 2499 BE GRAN'rED~ IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from GLORIA H. MILLER, 80 karbor Ridge Drive, Newport Beach, California 92660 and DOROTHY H. HURLEY, 22 Cherry Hills, Newport Beach, California 92660, owners, and G. G. P. ASSOCIATES, INC., 24982 Del Monte, Laguna Hills, California 92653, ATTN: BILL PENE, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24~ TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES AS PER MAP RECORDED IN BOOK 51~ PAGE 11 OI' MISCELLANEOUS P1APS~ RFCORDS OF ORANGE COUNTY~ CALIFORNIA. EXCEPT THE WEST 132 FEET THEREOF. ALSO EXCEPT THE SOUTH 328 FEET THEREOF. ALSO EXCEPT THE BAST 262.30 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 17, 1983, 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 proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commissiorx meeting of November 14, 1983; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration af all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is pro~~erly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.34.050.130 to wit: to permit a 79-unit senior citizens' apartment complex with waivers of the following: (a) SECTION 18.34.061.010 - Minimum buildina site area (b) SECTION 18.34.062.012 - Maximum structural hei ht (c) SECTION 18.34.062.020 - Maximum site coveraae (d) SECTION 18.34.062.032 - Minimum floor area (e) SECTION 18.34.063.032 - Minimum recreational-leisure area #Q086r PC83-214 ~-^~- ,;.,<:.: .. , ,~ (f) SECTION 18.34.063.0321- Minimum urivate recreation-leisuce area (g) SECTION 18.34.~64.020 - Permitted encroachments into reauired ards (h) SECTI~N 18.34.065.010 - Minimum distance between buildinqs 2. That the requested waivers were deleted by submittal of revised plans by the petitioner; said plans specifying the proposal will be a senior citizens' apartment complex. 3. That the proposed use is hereby granted subject to the petitioner s stipulation at the public hearing to provide L•l~at temporary louvered-type screen device shall be constructed on top of the carports located adjacent to the southwesterly four ("C") units. The screening shall be approximately eighty (80) feet long, and shall adequately screen the proposal from the adjacent dwellings and shall be approved by the City's Building Division. Said screening shall remain on the carports until the adjacent property to the west, currently zoned RS-A-43,000 with a resolution of intent to RM-1200 and developed with a single-family dwelling, is ultimately developed for uses other than single-family residential. 4. That the proposed use, as approved, will not adversely affect the adjoining land uses and the gcowth and development of the area in which it is proposed to the 'located. 5. That the size and shape ~f the site proposed for the use, as approved, 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 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, as proposed, will not impose an u~due burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That one person indicated his presence at said public hearing in opposition; and that one let~er was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the R8-A-43,000 (Residential, Agricultural) Zone to the RM-1200 (Residential, Multiple-Family) Zone to permit a 79-unit senior citizens apartment complex on a rectangularly-shaped parcel of land consisting of approximately 1.74 acres, having a frontage of approximately 272 £eet on the south side of Ball Road~ and further described as 2620 West Ball Road; and does hereby approve the Negative Declaration upon finding 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 initial study and any comments received that there iF no substantial evidence that the project will have a significant eEEect on the environment. -Z Pc83-2i4 ~-~.,._.. . . . .., . . ,,-_- CommissionNdoes hereby gran t subject~Petitiontfor C ndit onal Use1Permita^upon the following conditions which are hareby found to be a necessary prerequisite to khe 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 sidewalks shall be installed along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. Z. That stree* lighting facilities along Ball Road shal.l be installed as required by the Utilities General Manager i~ accordarce with s~ecifications on file in the Office 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 C±ty to guarantee the satisfactory completion of the above-mentioned improvements. Said securi.ty shall be pocted with the City of Anahein prior to approval of building permits. The above-required improvements shall be installed prior to occupancy. 3• That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Ball Road in an amount as determined by the City Council. 4• That prior to issuance of building permits, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 5• That prior to issuance of building permits, 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. 6• That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7• That subject property shall be served by underground utilities. 8• That prior to commencement of structural framing, fire hydrants jhall be installed and charged as required and oetermined to be necessary by the Chief of the Fire Department. 9. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That prior to issuance of building permits, the applicant shall present evidence satisEactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 •Sound Attenuation in Residential Projects'. 11> That the owner of subject property shall restrict occupancy of the dwelling units to a maximum of two occupants per unit, at least one of whom must be at least 55 years of age or older and record a covenant in a form approved by the City Attorney's Office to run with the land so restricting occupancy of such units. -3- PC83-214 '`,,' ';;'-` 12, That thi.s Conditional Use Permit is granted subject to the complptiou f R o eclassification No. 83-84-7, now pending. ' 13. That subject property shall be developed substantially in accordance wit~ lz~ ;''/, p ns and specifications on file with the City of Anaheim marked Revisi,n N ~ o. 1 of Exhibit Nos. 1 through 3, provided, however, that temporary louvered-type s ~ ' . '~~ creen devices shall be constructed on top of the carports located adjacent t ~'`~ o the southwesterly four ('C") units. The screening shall b i ~~ e approx mately eighty (80) feet long, and shall adequately scre !'. en the pcoposal from the adjacent dwellings and shall be ~;;. approved by the City's Building Division. Said screening shall remain ~.,~ :~'~.: on the carports until adjacent ptoperty to the west zoned RS-A-43,000 with a resolution of intent ~;'~ to RM-1200 and developed with a single-family dwelling, is ultimately developed for ~` uses other than sinqle-family residential. 14• That prior to the commencement of the activity authorized under this resolution, or prior to the time that a buiiding permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 11 and 12, above-mentioned, 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 Co~e. 15. That prior to final building and zoning inspections, Condition Nos. 1, 6, 7, 9 and 13, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Ananeim City 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. ~hould any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any co~art op competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of November, 1983. i / l.~'~~ ,~ /~1~~~: CHAIRW ~~ ANAHEIM CITY PLANNING COMMISSION ATTEST: i .s = SECRETARy~ NAHEIM CITY PLA ING COMMISSION -`~ PC83-214 .r~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF P.NAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planninq Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 14, 1983, by the following vote ~f the members thereof: AYES: COl9MISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CL'AIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIQNERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November, 1983. - ~(Q,~_~ ~ %~`L7/ln_.. SECRETARY, ANAdEIM CITY PLANNING COMMISSION -5 PC83-214