PC 85-224RESOLUTION PJU. PC85-224
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETIi'ION FUR CONDITIONAL USE PERMIT N0. 2724 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from IBIS ANAHEIM, LTD., C/O ABCO
CUNSTRUCTTON COMPANY, 2535 Maricopa Street, To[rance, California 90;03, ATTN:
ALBERT G. GEZGELE, owner, and AMERICAN DIVERSIFIED CAPITAL CORPORATION, 3200
Park Center Drive, Costa t9esa, California 92626, ATTN: JAMES CARZ'ER, and
PHILLIPS BRANDT REDDICK, 1801~ Sky Park Circle, Irvine, California 92714,
ATTN: KEN kYAN, agents tor cartain real property situated in the City of
Anaheim, County of Orange, State oE California, described as:
PARCEL A;
PARCEL 1~ IN THE CITY OF ANAHEIM, COUNTY OF ORANGE~ STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190, PAGES 26 AND
27 OF PARCEL t4APS, AS AMENDED BY A CERTIFICATE OF CORRECTION
RECURilED NUVE[4BER 13, 1984 AS INSTRUMENT N0. $4-465783, OFFICZAL
RECURDS~ IN THE OFFSCE OF THE RECORDER OF SAID COUNTY.
WEIERE.~S, the ~ity Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 14, 1985, at 1:30 p.m.,
notice of said public hearing havinq 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 ~-~idence for and against said proposed conditional use
permit and to investigate ano 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 ~ffered at said Izearing, does find and determine the
following facts:
1. That the propoced use is properly one for which a conditional use
permit is authorized by Anaheim ~9unicipal Code Section 18.48.050.140 to wit:
to permit a 152-unit senior citizens congregate care facility.
2. That the proposed u~e will not adversely affect the adjoining
land uses and the growth and development of the acea in which it is proposed
to be located.
3. That 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 of the Citizens of the City of Anaheim.
4. Thal- the granting of the Conditional Use Permit under the
conditions imposed, iE any, will not be det~imental to the peace, health,
safety and general weiface of the Citizens of the City of Anaheim.
5. That the trafFic generated by tt~e pcoposed use will not impose an
undue burden upon the streets and highways designed and improved to carry the
tiaffic in the area.
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PC85-224
6. That no one indicated their presence at said public hearing in
opposition; and that no co[respondence was received in opposition to the
subject Fel•ition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has revie~ed the proposal to permit a 152-unit senior citizens
congreyate care facility on an irregularly-shaped parcel of land consisting of
aoproximate.ly 119 feet on the south side of Freedman Way, and approximately 90
£eet on the northeastecly side of the nocther].y terminus of Zeyn Street, and
fucthe!- described as lOfl West Freedmzn Way; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
Geclaration together ~.i~~h any comments received during the public review
urocess and further finding on the basis of the initial study and any comments
received that th4re is no substantial evidence that the project will have a
significant effect on the environment.
NU~, TH~REFORE, BE IT RESGLVEL that the Anaheim City Planning
Commis,ion does he=eby grant subject Petition foc Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed uso of the subject property in order to preserve the safety
anil general welfare of the Citizens of the City of Anaheim:
1. Tt~at prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid ~o the City of Anaheim in an
arnount as determined by the City Council foc each new dwellin9 unit.
2. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
3. That subject property sh<~11 be served by underground utilities.
4. Ttiat in tt~e event subject pcoperty is to be divided for the purpose
oi sale, lease, or financing, a r.rcel map to record the approved
division of subject property shall be submitted to and approved by
the City of Anaheim and tnen ~e recordea in the Uffice oc tne Grange
County Recorder.
5. That street lighting facilities along Freedman Way shall be installed
as required by the Utilities General Manager in accordance with
speciiications 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 ko the
City o£ Anaheim, shall be posted with the City tc guarantee the
satisfactory completion of the above-men*_ianed improveme~ts. Said
security shall be posted with the City of Anaheim prior to issnance
of building permits. The above-required improvements shall be
installed prior to occupancy.
6. That priur to commencement of structural framing, fire hydrants shall
be installed and charged as requiced and determined to be necessary
by th~ Ciiief of the Fire nepartment.
7. That trash stotage areas shall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
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8. That prior to issuance c_° building permits, the applicant shall
present evidence satisfactory to the Chiei Building Inspector that
the proposed project is in confurm~nce with Council Policy Number 542
"SOUnd Attenuation in kesidential Projects" and with Noise Ins:ilation
Standards specified in the California Administcative Code, Title 25.
3. That all driveways shall. be constructed to accommodate ten {10) foot
radius curb returus as required by the City Traffic Engineer.
10. That prior to issuance oE a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City oP Anaheim in an
amount as determined by the City Council.
11. That fire sprinklers shall be installed as required by the City Fire
Plarshall.
12. That the tenancy of each unit of subject facility shall be restricted
to persons at least one (1) of whom in each unit is sixty two (62)
years of age or older; until such time as the total number of units
within the project equals or exceeds 150 units, a*_ which time at
least one person in each unit shall be at least fifty-five (55) years
of age or older; and that a covenant shall be recorded by the
property owners in a Eorm approved by the City Attorney so limiting
such occupdncy. n copy of said covenant shall then be presented to
the Planning Department.
13. That the owner of eubject property shall submit a letter requesting
termination of Conditional Use Yermit No. 1679 and 735 to the
Planning Department.
14. That all air conditioning facilities and other roof and ground
mounted equipmenL- shall be properly shielded from view.
~ 5• Thaf jz tt:~ evtr,L ~ Narcel m~ p is recorded on subject property, a
reciprocal acces~ and parking agreement, in a form satisfactory to
the City Attorney, shall be cecorded with the Office of the Orange
County Recorder. A copy of the recorded agreement ~hall then be
submitted to the Planning Department.
16. That a stceet i~~:provement and vehicular 3ccess plan shall be
submitted to and approved by the City Traffic EnSineer. If required
by the City Traffic Gngineer and baeed on the submitted plans, the
existing traffic signal on Freedman Way shall be relocated prior to
occupancy.
17. That subject property shall be developed substantially in accordance
with plans and ;p~cifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 3.
18. That prior to issuance of a building permit, or within a period of
one year fcom the date of this resolution, whichever occurs first,
Condition Nos. 1, °~, 8, lU, 12, 13 and 16, 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 Municip~l Code.
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PC85-224
19. That prior to final building and zoning inspections, Condition Nos.
Z, 3, 5, 7, 9, 11, 14 and 17, above-mentioned, shall be complied with.
B~: IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hezeby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance witn 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 j~dgment of any couct of
competent jurisdicl•inn, then this Rasolution, and any approvals herein
contained, shall be deemed null and void.
THE FOkEGOING RESOLUTIOM is signed and approved by me this 14th day
of October, 1985,
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CHAIRWOMAN~ ANAHEIM C TY PLA~NNING COMMISSION
ATTESi:
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SECRET Y, ANAHEZM CITY PLANNING COMPIISSIOt7
STATE OF CALIFORNIA )
COUIITY OF GkANGG ) Sg,
CITY OF ANAHEIPI )
T, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby cectify that the foregoing resolution was passed ar.d
adopted at a meeting of the nnaheim City Planning Commission held on October
14, 1985, by the following vot~a of the members thereof:
AYES: COF1hiISSIONERS: FRY, LA CLAIRE, LAWICKI, MESSB
NOES: CODIMISSIONERS: flONE
A-S.:`T; COI;;;iSSiut~t;KS: tiGUAS, HERBST, MC BURNEY
ItJ WITNESS WHEREOF, I have hereunto set my hand this 14th day of
October, 1985.
~ Aw i
SECREP RY~ ANAIiEIP1 CITY PLANNING COMMISSION
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PC85-22Q