84R-360
{"".
.-.,
RESOLUTION NO. 84R-360
A RESOLUTI~N OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM I GRANTING CONDITIONAL USE PERMIT
NO. 2597.
~,
WHEREAS, t e City Planning Commission of the City of
Anaheim did receive n applic.tion for a conditional use permit
with a waiver of cer ain provisions of the Anaheim Municipal Code
from TEXACO ANAHEIM ILLS, INC., owner, and SENIOR INNS OF
AMERICA, agent, to c hstruct a senior citizens retirement facility
with waivers of cert in provisions of the Anaheim Municipal Code
upon certain real pr~perty located within the City of Anaheim,
County of Orange, St_te of California, legally described as:
ALL THAT CERTA~. LOT, PIECE AND PARCEL OF LAND
SITUATE, LYING D BEING IN THE CITY OF ANAHEIM,
COUNTY OF ORANG , STATE OF CALIFORNIA, KNOWN AND
DESCRIBED AS P CEL 1 ON PARCEL MAP NO. 289 FILED
APRIL 5, 1973, IN BOOK 50, PAGE 43 OF PARCEL MAPS
THE OFFICE OF T~E COUNTY RECORDER OF SAID COUNTY;
SAVING AND EXCEfTING THEREFROM A STRIP OF LAND 26 FEET
WIDE LYING NORTEASTERLYOF THAT CERTAIN COURSE IN THE
WESTERLY LINE 0 SAID PARCEL 1 SHOWN ON THE AFORESAID
PARCEL MAP 289 S NORTH 190 08' 03" WEST 186.88 FEET,
WHICH SAID 26 FpOT STRIP OF LAND IS SHOWN ON LOT LINE
ADJUSTMENT PLATiRECORDED JUNE 27, 1978, IN BOOK 12706,
PAGE 1364, OFFI~IAL RECORDS OF ORANGE COUNTY,
CALIFORNIA.; ana
ON
IN
WHEREAS, tpe City Planning Commission did hold a public
hearing upon said aPt.lication at the City Hall in the City of
Anaheim, notices of hich public hearing were duly given as
required by law and .he provisions of Title 18, Chapter 18.03 of
the Anaheim Municipa~ Code; and
WHEREAS, s~id Commission, after due inspection,
investigation and stpdies made by itself and in its behalf and
after due consideratJon of all evidence and reports offered at
said hearing, did adppt its Resolution No. PC84-l48 granting, in
part, Conditional USf! Permit No. 2597; and
c'-",
WHEREAS, tpereafter, within the time prescribed by law,
an interested party pr the City Council, on its own motion,
caused the review of! said Planning Commission action at a duly
noticed public heari~g; and
,,-.
.-..,
WHEREAS, a~ the time and place fixed for said public
hearing, the City Copncil did duly hold and conduct such hearing
and did give all per~ons interested therein an opportunity to be
heard and did receiv~ evidence and reports; and
,"'-"'"
WHEREAS, tpe City Council finds, after careful consi-
deration of the reco~endations of the City Planning Commission
and all evidence andf reports offered at said hearing, that:
1. The propos~d use is properly one for which a conditional
use permit is author~zed by the Anaheim Municipal Code.
2. The propos~d use will not adversely affect the adjoin-
ing land uses and th~ growth and development of the area in which
it is proposed to be'located.
3. The size a~d shape of the site proposed for the use is
adequate to allow th~ full development of the proposed use in a
manner not detriment~l to the particular area nor to the peace,
health, safety and g~neral welfare.
4. The traffip generated by the proposed use will not
impose an undue burd,n upon the streets and highways designed and
improved to carry th~ traffic in the area.
5. The granti~g of the conditional use permit under the
conditions imposed wJll not be detrimental to the peace, health,
safety and general w.lfare of the citizens of the City of Anaheim.
WHEREAS, t~e City Council does further find with regard
to the hereinafter s~ecified proposed waiver(s) of Anaheim
Municipal Code requitements, other than the proposed waiver of
off-street parking r,quirements, as follows:
1. That thereiare special circumstances applicable to the
property, including ,ize, shape, topography, location or
surroundings, which ~o not apply to other property under
identical zoning cla+sification in the vicinity; and
2. That, beca~se of special circumstances shown in (1)
above, strict applic.tion of the zoning code deprives the
property of privileg+s enjoyed by other property under identical
zoning classificatio. in the vicinity; and
,.-..."
WHEREAS, tbe City Council does further find and
determine with regar~ to the proposed waiver of certain
off-street parking r+quirements that:
1. The varian,e will not cause an increase in traffic
congestion in the im,ediate vicinity nor adversely affect the
adjoining land uses; and
-2-
f
-
2. The granti~g of the variance under the conditions
imposed will not be ~etrimental to the peace, health, safety or
general welfare of tne citizens of the City of Anaheim.
NOW, THEREfORE, BE IT RESOLVED by the City Council of
the City of Anaheim ~hat the action of the City Planning
Commission granting, in part, said conditional use permit be, and
the same is hereby, ~ffirmed .nd that Conditional Use Permit No.
2597 be, and the sam~ is hereby, granted permitting a 46-foot
high, 123-unit seniot citizens' retirement facility on the
hereinabove describe~ real property with a waiver of the
following provisionsiof the Anaheim Municipal Code:
.~.
Section 18.06.0~0.013- Minimum number & type of parking
AND 18.44.066.050 spaces. (105 covered spaces
required; 30 open spaces proposed)
subject to the follo~ing conditions:
.~....-.....
l.
That the Orner of subject property shall pay to the
City of An heim a fee for tree planting purposes along
Anaheim Hi ls Road and Canyon Rim Road in an amount as
determined!by the City Council.
2.
That prior,to issuance of a building permit, primary
water mainifees shall be paid to the City of Anaheim,
in an amou*t as determined by the Office of the
Utilities $eneral Manager.
3.
That prior! to issuance of a building permit,
appropriat, park and recreation in-lieu fees shall be
paid to th, City of Anaheim in an amount as determined
by the City Council.
4.
That prior to issuance of a building permit, the
appropriat+ traffic signal assessment fee shall be paid
to the City of Anaheim in an amount as determined by
the City C~uncil for each new dwelling unit.
5. That prior to issuance of a building permit, the owner
of subject property shall pay the appropriate drainage
assessment fees to the City of Anaheim in an amount as
determined by the City Engineer.
6. That drain,ge of subject property shall be disposed of
in a mannet satisfactory to the City Engineer.
7. That subje~t property shall be served by underground
utilities.
-3-
~
lO.
ll.
l2.
l3.
l4.
15.
16.
",..-""
,....
I
..-.,
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
Depar tmen t ,.
9. That all r~quirements of Fire Zone 4, otherwise
identifiedl as Fire Administrative Order No. 76-0l,
shall be m~t. Such requirements include, but are not
limited to~ chimney spark arrestors, protected attic
and under ~loor openings, Class C or better roofing
material a~d one hour fire resistive construction of
horizontal'surfaces if located within 200 feet of
adjacent btushland.
That fire r' prinklers and smoke alarms shall be
installed n each residential unit as required by the
City Fire ~arshal.
That trash, storage areas shall be provided in
I . . .
accordance!w1th approved plans on f1le w1th the Street
Maintenanc~ and Sanitation Division.
That the vthicular access rights, except at approved
access poi~ts, to Anaheim Hills Road and Canyon Rim
Road shall!be dedicated to the City of Anaheim.
That all a~r conditioning facilities shall be properly
shielded ftom view, and the sound buffered from
adjacent ptoperties.
That in co,pliance with zoning Code Section
l8.84.06l.~32, no roof mounted equipment shall be
permi t ted. .
That prior to issuance of a building permit, the
applicant $hall present evidence satisfactory to the
Chief Buil~ing Inspector that the residential units
will be in'conformance with Noise Insulation Standards
specified in the California Administrative Code,
Title 25.
That prior to issuance of a building permit, the
applicant .hall present evidence satisfactory to the
Chief Buil~ing Inspector that the proposed project is
in conform4nce with Council Policy Number 542 "Sound
Attenuatio~ in Residential Projects."
l7. That the p.oposal shall comply with all signing
requiremen~s of the CL(SCO) Zone, unless a variance
allowing s~9n waivers is approved by the Planning
Commission or City Council.
-4-
("'"
-
l8. That all o~-site landscaping shall be perpetually
maintainediand irrigated in conformance with Code
standards.
19.
~>
20.
2l.
22.
23.
That any Proposed parking area lighting fixtures shall
be down-Ii hted with a maximum height of l2 feet. Said
lighting f,xtures shall be directed away from adjacent
property l~nes to protect the residential integrity of
the area.
That if ani. of the relocated specimen trees on subject
property fils to survive, each such tree shall be
replaced w th a tree from the replacement tree list as
required bt the SC (Scenic Corridor Overlay) Zone.
That the t~nancy of subject facility shall be
restrictedito persons sixty-two (62) years of age or
older; and! that a covenant shall be recorded by the
owners of the property in a form approved by the City
Attorney s~ limiting such occupancy.
That a min~mum of two (2) units shall be provided and
perpetuallt maintained for use as handicapped units, as
required by the Building Division.
That sUbjeit property shall be developed substantially
in accorda ce with plans and specifications on file
with the cty of Anaheim marked Exhibit Nos. 1 through
l2; provid+d, however, (i) that at least one elevator
shall be d+signed to accommodate a gurney in a
horizontal position, (ii) that a maximum of l3l units
may be con$tructed, and (iii) that the minimum floor
area of the efficiency units (Suite A) shall be 310 sq.
ft.
24. That in th. event a parking deficiency occurs following
occupancy ~f the subject property (said deficiency
having bee* demonstrated in a parking demand study to
be funded ~y the property owner at the request of the
City Traff~c Engineer and to be reviewed and approved
by the Traffic Engineer), additional parking (not to
exceed 35 +paces) shall be provided in a manner
approved bt the City Traffic Engineer; and that a
covenant s~all be recorded in a form approved by the
City Attor~ey's Office obligating the petitioner and
any future'assignees to provide such parking if a
deficiency is found to exist.
f~
-5-
r
-
....-.,
25. That prior to the commencement of the activity
authorized under this resolution, or prior to the time
that a bui~ding permit is issued, or within a period of
one year f~om the date of this resolution, whichever
occurs fir~t, Condition Nos. l, 2, 3, 4, 5, l2, lS, l6,
2l and 24,1 above-mentioned, shall be complied with.
Extensionsl for further time to complete said conditions
may be gra~ted in accordance with Section l8.03.090 of
the Anahei~ Municipal Code.
26. That prior to final building and zoning inspections,
Condition tios. 6, 7, 9, lO, ll, l3, 19, 22 and 23,
above-ment~oned, shall be complied with.
BE IT FURTPER RESOLVED that the City Council does
hereby find and dete"mine that adoption of this Resolution is
expressly predicated! upon applicant's compliance with each and
all of the condition~ hereinabove set forth. Should any such
conditions, or any p~~t thereof, be declared invalid or
111nenforceable by the' final judgment of any court of competent
jurisdiction, then tpis Resolution, and any approvals herein
contained, shall be deemed null and void.
City
~THE FOREGOi[NG RESOLUTION is approved and adopted by the
Counoil of the Cii ty of Ahaheim this 11th day of S.pt~J:>e;l:'.'.19~4.
MAd!:::E ~~M -
ATTEST:
c~40:!~ ANAaEIM
1650U
l2l784 I
/...-...,
-6-
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. 84R -360 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the llth day of September, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, 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. 84R -360 on the llth day of September, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this llth day of September, 1984.
cV"----)e'r2,t42 / (..E; -
ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R -360 duly passed and
adopted by the Anaheim City Council on September 4, 1984.
'
2 4 / L_ c...__) '
CITY CLERK