1985-510RESOLUTION NO. 85R-510
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2730.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from AMERICAN MEDICORP DEVELOPMENT COMPANY, 1 River Front Plaza,
Louisville, Kentucky 40201, ATTN: MARCIA BAKER, owner, and
GOLDRICH, KEST & ASSOCIATES, 15233 Ventura Boulevard, #816,
Sherman Oaks, California 91403, ATTN: MANNY AFTERGUT, agent, upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEID4,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 175, PAGES 39 AND 40 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH
00° 11' 18" EAST 281.49 FEET TO THE SOUTHEAST CORNER
OF SAID PARCEL 3; THENCE ALONG THE SOUTH LINE OF SAID
PARCEL 3, SOUTH 89° 35' 41" WEST 182.00 FEET TO A
POINT ON A LINE PARALLEL WITH AND DISTANT 182.00 FEET
WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
ABOVE-HEREIN MENTIONED EAST LINE; THENCE ALONG SAID
PARALLEL LINE NORTH 00° 11' 18" WEST 281.49 FEET TO A
POINT IN THE NORTH LINE OF SAID PARCEL 3; SAID POINT
BEING DISTANT THEREON SOUTH 89° 35' 38" WE5T 182.00
FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE ALONG SAID NORTH LINE NORTH 89° 35' 38" 182.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 1.176 ACRES, MORE OR LESS; 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. PC85-233 approving
Conditional Use Permit No. 2730; 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 adjoin-
ing 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission approving said conditional use permit be, and the same
is hereby, affirmed and that Conditional Use Permit No. 2730 be,
and the same is hereby, granted permitting a 100-unit senior
citizens' retirement facility on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS 18.06.040.031,
18.06.050.0131,
18.06.080 AND
18.44.066.050
- Minimum number and type of
parking spaces. (80 spaces
required with a maximum 25~
small car spaces permitted;
44 spaces with 45~ small car
spaces proposed)
subject to the following conditions:
1. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Beach
Boulevard 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 new commercial buildings.
3. That prior to issuance of a building permit,
appropriate park and recreation in-lieu fees shall be paid to the
City of Anaheim in an amount as determined by the City Council.
4. That all engineering requirements of the City of
Anaheim along Beach Boulevard, including preparation of
improvement plans and installation of all improvements such as
curbs and gutters, sidewalks, water facilities, street grading
and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and
in accordance with specifications on file in the Office of the
City Engineer; 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 said
improvements. Said security shall be posted with the City prior
to approval of improvement plans, to guarantee the installation
of the above-required improvements prior to occupancy.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That street lighting facilities along Beach Boulevard
shall be installed as required by the Utilities General Manager
in accordance with specifications 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
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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 approval of improvement plans.
The above-required improvements shall be installed prior to
occupancy.
7. That subject property shall be served by underground
utilities.
8. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
9. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
10. That in the event a parcel map is recorded on subject
property, a reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded
agreement shall then be submitted to the Planning Department.
11. That in the event subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map to record
the approved division of subject property shall be submitted to
and approved by the City of Anaheim and then be recorded in the
Office of the Orange County Recorder.
12. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view,
and the sound buffered from adjacent residential properties.
13. That prior 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 and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
14. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
15. That a six (6)-foot high masonry block wall shall be
constructed and permanently maintained along the southerly
property line, excepting the required front setback area along
Beach Boulevard.
16. That the tenancy of subject facility
restricted to persons at least one (1) of whom
sixty-two (62) years of age or older; and that
be recorded by the owners of the property in a
the City Attorney so limiting such occupancy.
covenant shall then be submitted to the Planni
shall be
in each unit is
a covenant shall
form approved by
A copy of said
ng Department.
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17. That the owner of subject property shall submit a
letter requesting termination of Variance No. 2284 and
Conditional Use Permit No. 1097 to the Planning Department.
18. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 3.
19. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 4, 6, 13, 16 and 17,
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 Code.
20. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 6, 7, 9, 12, 15 and 18, above-mentioned,
shall be complied with.
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, steal1 be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 10th day of December,
1985.
i~" [ ~
MA OR OF THE CI'T'Y F ANAHEIM
ATTEST:
GL `//~
CITY CLERK OF THE CITY OF ANAHEIM
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123185
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CLERK
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. 85R-510 was introduced and adopted at a regular ''
meeting provided by law, of the City Council of the City of Anaheim held on
the 10th day of December, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-510 on the 10th day of December, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of December, 1985.
~ i~~~
CITY. CLERK OF THE CITY OF ANAHEIM
(sEAL3
I, LEGNORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-510 duly passed and
adopted by the Anaheim City Council on December 10, 1.985.
CITY CLERK