PC 85-09RESOLUTION t~0. PC85-09
A RESOLUTION OF THE ANAHEIM CITY PLANNING CON,MISSION
THAT PETI7ION FOR CONDITIONAL USE PERMIT N0. 2653 BE GRANTED
WHGREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditiot~al Use Permit frum COP.PORATION OF T[IE PRESIDENT OF THE
TKE CHURCd OF JES(1S CHRIST OF LATTER-DAY SAINTS, 50 East North Tertiple, Salt
Lake City, Utah 34150, ATTD1: J. ALAN BLUDGETT, owner, and WESTPORT CENTERS,
1601 Dove Street, SuiLe 155, Newport Beach, California 92660, ATTN: JON
CHRISTENSON, agent for cer.tain r.eal property aituated in the City of Anaheim,
County of Orange, State oE Califotnia, described as:
PARCEI, 1~ IN THE CITY OF ANAHEIFf~ COUNTY UF ORANGE~ STATE OF
CALIFORNIA, 11S SHOWN ON A MAP FILED IN BOOK 150 PAGES 2-3 OF
PARCEL 61APS, I[J THE OFFICE OF' THE COr~,yTY RECORDER OF SAID
COUNTY.
EXCEPT THERtFROM ALL OIL AND GAS, MINERALS P.P7D OTHER
HYDROCARBON SUBSTANCES LYING BELOW 500 FEET FROM THE SURFACE
UF SAID LAND, 9UT WITHOOT iH6 RIGHT OF ENTRY, AS RESERVED BY
ANNA M. D1C DUELL, RECORAED (!N APRIL 2, 1959 IN BOOK 4654 YAGE
47, OFFICIAL RGCORDS~ AND AS AM6'NDED BY GRIFFITH BROS., A
PARTNERSHIP, RECORDED APRIL 16, i959 IN BOOK 4671 PAGE 103,
OFFLCIAL RECORDS AND AS RESERVED BY ERWIN FRANF MILLER AND
hIELViN LENSING MILLER, ZN THE DEED RECORDED GN FEBRUARY 1~
19G3 IN BOOK 6416 PAGE 24?, OFFICIAL RECORDS AND AS ~'tESERVED
IN BOGK 5438 PAGE 54, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public h°aring at
the Civic Center in the City of Anaheim on January 7, 1985, at 1:30 p.m.,
noti.ce oE said public hearinc having been duly given as required by la.t and in
accordance with the provisions of the Anaheim Municipal Co~e, 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
theCewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and aEter due considecation of all
evidence and reports offered at said hearing, dr.es find and determine the
following facts:
1. That the proposed use is properly one for which a cor~ditional
use permit is authorized by Anaheim Municipal Code Sections 18.44.050.170 and
18.44.050.30:, to wit: to construct a 165-unit senior citizens' retirement
facility witt~ waivers of the following:
a) SECTION 18.01.130 - Re4uired lot frontage. (all lots re4uired
to abut a public stceet o. alley; 1 lot without
such fcontage)
b) SECTIONS 18.06.OSU.013, - Required type oE parking spaces.
18.06.080 (132 covered spaces required;
AND 18.44.066.050 172 open spaces proposed)
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z. That the requested waiver (a) is hereby granted on the ~asis
that thece are specin_ circumstances applicable to ~;he property such as size,
shape, topogcaphy, location and surroundinac tiahich do not apply to other
ide~,tically zoned pcoperty in the same vicinity; and that strict application
of the ^,oning Code deprives the property of privileges enjoyed by other
ptoperties in the identical zone and classification in the vicinity.
3. That the requested waivec (b) is hereby grant2d on the trasis
that the open parking spaces will provide greater visability, security and
easier access to parking, and further that the parking variance will not cause
an increaae in traffic corigestion in che immediar_e vicinity nor adversely
affect any adjo.inin~ land uses; and that the granting of the parking variance
under the conditions imposed, if any, will not be detrimeiital to the peace,
health, safety or ger.eral wel£are of the cilizens af the City of Anaheim.
4• That the nro~osed 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.
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5. That the size and shape of the site proposed for the use is
adequate to allow th2 fill developm~nt of the proposed use in a manner not
detrimental to the particular a:ea 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 t}~e peace, health,
safety and general welfare oi the Citizens of the City of Anaheim.
7. That the traEfic generatad by the proposed use will not impose
an undue bucden upon ~he streets and highways designed and improved to carry
che traffic in the area.
8. That nc one indicated their presence at said public hearing in
cpposition; and that no correspondenc~ was received in opposition to the
~;ubject p?tition.
ENVIRONMENTAL IMR:aCT FINDI~IG: That the Anaheim City Planning
~ommission has reviewed the proposal to construct a 165-unit senior citizens'
retirement facility with waivers of require~9 lot frontage and cequired type of
parking spaces on an :rregularly-shaped paccel o£ lar.d consisting ap
approxinately 7 acres haviny a frontage of approximately 460 feet on the north
side of Medical Center Drive; and does hereby approve the Negative Declaration
upor: finding that it has considered the 1Jegative Declaration together with any
comments received during the public review process and further finding ~n the
basis of the initial study and any comments received that t5ere is no
sub<^.tantia2 evidence that the pcpject will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVEB thak the Anaheim City Planning
^ommission does hereby granl• subject Petition for Conditional Use Permit, upon
the following conditions which ar~ hereby found to be a necessary pterequisite
to the proposed use of the subject propert.y in ocder to preser~•e the safety
and general welfare of the Cit?ze~s of the City ~•f Anaheim:
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1• That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting P~~poses along Medical Center Drive in an
amoun~ as de~ermined by the City Council.
z• That prior to issuance of a building permit, primary water main fees
shall be pa~d to the City of Anat.eim, in an amount as determined by
the OfEice uf the Utilities General pfanage~,
3• That prior to issuance of a building permit, rh~ appropriate traffic
siynal assessment fee si,all bF paid to the City of Anaheim in an
amount as determine~] by r_he Cit}~ Council foc eac}i new dwelling unit.
n• That drainage of subjP~~ property shall be disposed of in a manne~
satisfactor.y to the City :'ngineer.
5• ihat subiect property shall be served by underground utilities.
G. That prior to commencement of structural framin
shall be instal.'.ed and charged as required and determinedYt oanbe
necessary by the Chief of the Fire Department.
7• That trash storaige areas shall be provi.ded and maintained in
accordance with app~o~ed plans on file with the Street Maintenance
and Sar.itaLion Di~ision.
B• :'~at street lighting facilities along Medical Center Drive shall be
insrallad as required by the Utilities General Manager in accordance
with specificationc on file in the Office of Utilities General
Planaget, and that security in the form of a bond, certificate of
dep~~;it, lett~ac of credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted wit~~ the City
~o guarantee Lhe satisfactocy completion of the above-mentioned
improvementr;. Said security shall be posted with the City of
Anaheim prior to issuance of building permit:;. The above-required
improvementa shall be insta.iled ~rior ~~o occura~.cy.
9• ThaL cire sprinklers shall be installed as required by the City Fire
Marshall.
10. That all engineering requic~ments of the City of Anaheim along
Medical Center Drive, includin9 oreparation of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, street grading ar.d pavenent, sewer aad drainage
facilitiec, or ~~,5er appurtenant work shall be complied with as
required by the Ci:y Engineer and in accordance with specifications
on file in th~; OfFice of the City Engineec; and that security in the
form of a bor,.:, ^~:tificate 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 ~atisfactory complet:on of
said improvements. Said securit~ shall be posted with the City
prior to issuance of building permits, to guarantee the installation
of the above-required improveme:ts prior to occupancy.
11. That all driveways shall be designed to accommodatp ten (10) foot
radius curb returns as requi.red by the City Traffic Engineer.
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1z• That in the event subject property is to be divided for the
oi aale, lease, or Ein_~r,ci~y~ a parcel map to record
di~~ision oE sub' rt purpose
the Cit• or p ~e' property shall be submitted to the approved
Y n~heim and then be r?cor~3ed and approved by
County Recorder, in the Office cf t5e Orange
13. Tl~at in the event subject property is divided ~y ~
r~rciprocal acce~s agreement shall be submitted to
tl;e City of Anaheim and then be pa~cel map, a
Cc~unk recorded and approved by
Y Racorder, in the O~tice of the Orange
'4• That a public uti!ity easement a~• re~~ire,~ b}• the Director ~~f Public
Utilities be ycanted to tt,e Cit~ of Anaheim.
15. That not less than two ;1) personnel shall be on-d~.;.y at all times.
16. The;: the renancy of each unit of suh,7ect facilit
restr.icted tc oer~ons at least one (1) of. whcm in
two Y sha.il be
(~z) years ~if age or older; untii such each unit is sixty
ef u,ii ts within che project equals ~_ time as the t~tal
time at least one ' exceeds 150 n~mber
(5~~ pecson in each unit units, at wf~i~h
peacs of age or older; ,>hali be at least fifty-five
ttie pi~pert~ owners and that a covenant shall be recorded h
limiticy such occu anc a form approved Y
Presenr,~d ~.o the F1 nni g DeA copy ~f said Y rhe City Attorney so
cov~nant shall then be
partment.
17• That all air coi~d;t~oning facilities shall be pcoperly shielded itom
view, and the sound buffereq from adjacent properties.,
ld. That prior to is;;uance of
pcesent evidence satisfacto~ building permits, the applicant
the residential units wi11. be in the ChieF Buildin ~hall
Standartis specified in the ~, conformance with Noisepectot that
lifornia Administrative Code I~sulation
ly• That prior t~ +'~itle 25,
'~~~..r~::e uf building permits, the applicant
present evidence satisfactory tu the Chief Buildin
the pr~posed shall
54Z project is in conf.o:mance with Council IpoPl~tor that
'Sound Attenuation in Residential Projocts",
Y Numbet
20• =hat in the event construction of suLject development is
circulation and parking facilities for the
project ~hall be Phased, the
installed prioc to occu entire seniors retirement
pancy of the first phase.
21. That as required by thc City Traffic Engineer a revised circulation
plan shall be submitted and approved prior to issuance of building
Pecmits. Said revised plan shall minimally indicate reconfiguration
of the grade level packing area for the medical office facilit
reconfiguration of the "looped" driveway accessway
P~:oject to a minimum cleac width of 25 feet. y and,
for the seniocs
~2• That a 6-foot high m:~onry block wall shall be constructed
maintained along the northerly, westerly and easterl•
tind
23. That ~ ProPerty lin~s.
with subject pcoperty ,hall be developed substantially in accordance
plans and specifications on file ~:ith the City of Anaheim
marked Exhi-,il- Nos, 1 and 2.
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24. That prior ro issuance of a b;iildiny permit, or within a period of
one year from the date of this resolution, whichever occurs first,
Condi.tion Nos. 1, 2, 3, 8, 10, 14, 16, 18, 19 and 7.1,
at~ove-mentioned, shall be complie9 with. Extensions for furkher
time to ccmi~lete said conditions ma• be gran:ed in accordance with
Section 18.03.090 of the Anaheim Muni.ci~al Code.
25. That pcior to final buildiny and zoning inspections, Condition Nos.
4, 5, 7, 9, 11, 17, 20, 22 and 23, aLOVe-mentioned, shall be
comp~ied with.
6E IT F'Uk~CHER RESOLVED that the Ananeim City Planning Commission
does hereby find and determi.ne t~.at adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
herr_inabove set forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the fina: judgment of any court of
conpetent jurisdiction, then this Resolution, and any 3pprovals herein
contained, sha.ll be deemed null and void.
TNE FOREGOING RESOLUTION is signed and approved by me this 7th day
of January, 1985.
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CHAIRMAN, ANAHEII TY PL'ANNING COMh]ISSION
ATTEuT: ~
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S~CRE`I'AkY, AMAH~'iFt CITY PLANNING COMIdISSIGn
STATE: OF CALIPURNZA )
COUNTY OF GkRNGE ) ~s.
CITY OF ANAHEiF1 )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoii:g resolution was passed and
adopted at a meeting of the Anaheim C.ity Planning Conmis~ion he2d cn .iqi~uacy
~~ ~~E~. ~s ~lie Loiiowing vote of the membcr~ Chereof:
AYES: COMPIISSIONERS: BOUAS~ BUSHORE FRY,
. HERBST, KING~ LA ~LAIRF,
MC BURNEY
NOES. COMMISSIUNERS: NONE
ADSENT: C04MISSIONERS: t70NE
jN WITNESS WHEREOF, I have hereunEo ~et my hand this 7th day of
January, 1985.
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_ `~~ ~ .~` i4,1-~,~, ~~.
SECRETARY~ ANAHEIDI CITY PLANNIDIG COMMTSSION
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