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PC 85-216.. _ _ FESOLUTION N0. PC85-21E fi RESOLUTION 0? THE ANAHiiIM CITY PLANNING COMMISuION THAT PETITION PUR CONDITIONAL US6 PERMIT NO. 2720 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a vetifie~3 Petition Por Conditional Use Permit from CORPORATION OF THE PRESZDENT CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, 50 East North Temple, Salt Lake City, Utah 84150, owner, and WESTPORT CENTERS, INC., 1601 Dove Street, Suite 155, Newport Beach, California 926GU, agent for certain real pcoperty situated in the City oi Anaheim, County of Orange, State of Califocnia, described ~is: PARCE7. 1: IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ ST',TE OF CALIFORNIA, P.S SHOf•1N ON A MAP FILED IN DOOK 150 PAGES ?-3 OF PARCEL MAPS~ IN THE OFFICE OP TNE COL~NTY RECORDER OI SAID COUNTY. WHEFtEAS, the City Planning Commissi.on did hold a publtc hearing at the Civic Center in the City of Anaheim on September 30, 1985, 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 Mun:cipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit an~3 to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Coramission, after due inspection, investigation end study made by itself and in its behalf, and -after due consideration of all evidence and reoorts offered at said hearing, does find and determine the following facts: 1. That the proposea use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.17Q to wit: to construcL a 179-unit senior citi.zens' retirement facility and a 99-bed skilled nursing facility with waiver of the following: SE~:SCY. 1£.0'_.130 - P.equir~d ]ot r-rontage, (a]] lots reauireci Co abut a nublic street or alley; 1 lot not abutt?rig proposed) 2. That the requested waiver is hereby granted on the basis that th?re are spacial circumstances applicable to the property such as size, shape, topography, location and surround~ngs which do not apply to other identically zoned property in the same vicinity; and that strict a~plication of the Zoning Code depcives the property oE privileges enjoyed by other properties in the identical zone and clascification in the vicinity; and on tt~e basis that a reciprocal vehicular access and parking agreement shall be recorded iE the property is subdivided. 3. That the proposed uses will not adversely affect the adjoining land uses and the growtl~ and development of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the uses 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 khe Citizens of the City of Anaheim. 0621r PC85-216 r~ 5. 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 welf.are of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed uses will not impose an undue burden upon the srreets and hiqhways designed and improved to carty the traffic in the area. 7. Tt,at no one indicated theic presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIROMP7ENTAL IMPACT FINDING: That the Anaheim City Planning Commission has ceviewed the proposal to construct a 179-unit senior citizens' retirement facility and a 99-bed skilled nursing facility with a waiver of requi[ed lot frontage on an irregularly-shaped parcel of land consisting of approximately 7 acres having a frontage of approximately 460 feet on the north side of Hiedical Center Drive, and being located approximately 585 feet west of the centerline of Euclid Stceet; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration to9ether with any comments ['eceived during the public review pcocess and further finding on the basis of the initial study and any comments r_ceived that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFURE, BE IT RESOLVED that the Anaheim City Planning Commission does he~eby grant subject Petition Eer Conditional Use Permit, upon the following conditions which are t~ereby found to be a necessary prerequisite to the proposed use of the subject pcoperty in o:der to preserve the safety and genecal welfare of the Citizens of the City of AnaY~cim: Part 1 Senio[ Citizens Reticement Facility: 1. That the owner of subject prope~ty shall pay to the City of Anaheim a fee for tree plan*_ing pur_~oses along Medical Center Dri~e in an amount as determined by the City Council. 2. That prior to issuance of a building permit, ptimary water main fees shall be paid to the City of Anaheim, in an amount as detecmined by the Office of the Utilities General Ptanager. 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 prioc to issuance of a building pezmit, the appropriate traffic signal assessment Eee shall be paid to the City of Anaheim in an amount as determined by the Citp Council for each new dwel:ing unit. 5. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Er~gineer. 6. That drainage oE subject prope~ty shall be disposed of in a manner satisfactory to the City Engineer. _z_ PC85-216 .4.. . . - . ~:.t~.`;;-rfti 7. That a six (6)-Foot high block wall shall be constructed and permanently maintained adjacent to the westerly, northerly and easterly ~roperty lines, excepting the cequired front setback area. 8. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement, in a form satisfactory to the Ci.ty Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agre?ment shall then be submitted to L-he Planning Department. 9. That subject property shall be served by underground utilities. 10. That rrash storage areas shall be provided and maintained in accordance with a~,proved plans on file with the Street Maintenance and Sanitation Division. 11. That street lighting facilities along [4edical Center Drive shall be installed ~s 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 fortn satisfactory to the City oE Anaheim, shall be 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 issuance of building permics. The above-required improvemen[s shall Le installed prior to occupancy. 12. That all engineering reyuirements of the City oE Anaheim along Ffedical Center Drive, including preparation of improvement plans and installation of all improvements such as curbs and gut~ers, sidewalks, water f.acilities, street yrading and pavement, sewer and drainage facilities, or other appurtenant work shall be cumplied 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 deoosit, letter of `~r"`~=t~ ~= ,=~= ~, ~;, ur~ .,uiour~L auci Locro saCisiactory to the City of Anaheim, shall be posted with the City to guacantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of bui.lding permits, to guaraatee the installation of the above-required improvements prior to occupancy. 13. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to recocd the approved division of subject property shall be submitted to and approved by L-he City of Anaheim and then be recorded in the Office of the Orange County Recorder. 14. That a public utility easernent as required by the Director of Public Utilities be granted to the City of Anaheim. 15. That all air conditioning facilities and ott~er roof and ground mounted equipment shall be properly shielded from view, and the sound buffered fror.iadjacent propecties, 16. Thac the owner of subject property sha].1 submit a letter requesting terminat.ion of Conditional Use Permit No, 2653 to the Planning Department. -3 PC85-216 .. , .... 17. That prior to issuance of a building permit, appropeiate park and recreation in-lieu fees shall be paid to the City oE Anaheim in an amount as determined by the City Council. 18. That prior to commencement o- structural framing, fire hydrants shall be instal].ed and ch~.rged as cequired and deteemined to be necessary b~ the rhieE of `:he Fire Department. 19. '?'hat fire sprinklers shall be installed as requiced by the City Fire Marshall. 20. That the proposal shall comply with all signing requi~ements of the CL 'Lone, unless a variance allowing sign waivers is apptoved by the Planning Commission oc City Council. 21. That the tenancy of each cnit 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 ~~ units within the project equals or exceeds 150 units, at which time at least one person in each unit shall be at least fifty-five (~~5) years of age or o2der; a~d that a covenant shall be recorded by t~~e propecty owners in a form approved by the City Atto[ney so limiting such occupancy. A copy of said covenant shall then be presented to the Planning Department. 22. That prioc to issuance uf buildiny ~ecmits, Che applicant shall ~resent evidence >acisfactory to the Chief Buildin9 Inspector that the proposed ~roject is in conformance with Council Policy Number 542 "SOUnd Attenuaticn in Residential Projects' and with Noise Insulation Standa[ds specified in the Califocnia Administrative Code, Title 25. 23, That subject property shall be developed substantially in accordance with plans and specifications on file witn the City of Anaheim marl;ed Exhibit Nos. 1 and 2. 24. That prior to issuance of a huilding permit, or within a period of one year from the date of this resolution, whichever occucs first, Condition Nos. 1, 2, 3, 4, 7, 10, 11, 12, 14, 15, 16, li, 19, 21 dnd 22, above-mentioned, shall be complied witn. Extecisions for further time to complete said conditions may be granted in accordance with Section 18.03.090 oE the Anaheim Municipal Code. 25. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, 9, 10, 11, 12, 15 and 23, above-mentioned, shall be complied with. Patt 2 Skilled Nursing FacilitY: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along [+ledical Center Drive in an amount as determined by the City Council. 2. That pcimary water main fees shall be ~aid to the City of Anaheim, in an amount as deter~nined by the Office oi the Utilities Ger.eral ~lanager. _q_ PC85-Z16 3. That the appropriate traffi.c ~i~nal assessment fee shall be paid to the ~ity of Ananeim in an amour.~ as ~etecmined by the City Council for new commercial buildings. 4. Ttiat all driveways ~hall be co~~structed to accommodate ten (10) foot i~dius curb returns as required by the City Traffic Enginee~. 5. That drainage ~f subject p:operty shall be disposed of in a manner satisfactory to the City Engineec. 6. That a six (6}-foot high block wall shall be constructed and permanently maintained adjacent to the westerly, noctherly and easterly property lines, excepting the required f~ont setback area. 7. That in the event a paccel map is recorded on subject property, a reciptocal access and packing agreement, in a form satisfactory to the City Attorney, shall be recorded ~oith the Office of the Orange County Recorder. A copy of the recocded agreement shall then be submitted to the Planning Uepartment. 8. That subject property shall be served by underground utilities. 9. That prior to ccmmencement of structural framing, fire hydrants ~hall be insLalled and cnarged as required and determined to be necessary by the Chief of the Fire Department. l0. That trash storage areas shall be provided and maintained in accordance with approved plans on file wi`_h the Street Maintenance and ~anitation Division. 11. That street liyhting facilities along medical Center Drive shall be installPd as required by ~he Utilities General Manager in accordancE with specifications on file in the Office of Utilities General Min?~er, r;nd ~-h~t ;;~~;;r1~y ;r, L'ur L~cm 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 the above-mentioned improvements. Said security shall be posted with tl~e City of Anaheim within a period of one (1) year from the date of ~his resolution. The above-required improvements shall be inst~lled prior to occupancy. 12. That all engineering requirements of the City of Anaheiin along Medical Center Drive, including p[eyaration of improvement plans and installation of all improvements such as curb~ and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as reguired by the City Engineer and in accordance witf: ~pecifications on file in the Office uf the City Engineer; and that security in the Eorm of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satis£actory to the City of Anaheim, shall be posted wi.th the City to guarantee the satisfactory completion of said improvements. Said security shall be posted :~ith the City within a period of one (1) year from the date of this resoZution, to yuarantee the installation of the above-required improvements prior to occupancy. -5- PCBS-216 ].3. That in the event subject property is t-o be divided for the purpose of sale, lease, oc financing, a parceJ. map to record the approved tlivision of sunject property shall be submitted to the approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 14. That a publir utility easement as required by the Director of Public Utilities be granted to the City of Anaheim. 15. That all air conditioning facilities shall be properly shielded from view, and the sound buEfered from adjacent properties. 16. That the ownec of subjecc property shall submit a letter requesting termination of Conditional Use Pe~mit No. 2653. 17. 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 Co~ncil. 18. That subject property shall be developed substantially in accordance with plans ar.d specifications on file with the City oE Anaheim marked Exhibit !los. 1 and 2. 19. That prior to the commencement of the activity authorized under this reselution, oc wilhin a peciod of one }•ear from the date of tt,is resolutior, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 10, 11, 12, 14, 15 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be gcanted in accocdance with Section 18.03.090 of the Anaheim F~~nicipal Code. 20. That prior to final building and zoning inspections, Condition Nos. 6, lU, 11, 1~ and 18, above-mentioned, shall be complied with. 9R TT FURTHER RES(II,VR~ that the Anah~im Cify Plannin~ Commissjqn does hereby fiad and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. 5hould any such conditions, or any pact thereof, be declared invalid or unenfucceable by the f.inal judgment of any court of competent jurisdiction, then Lhis Resol~tion, and any approvals herein contained, shall be deemed null and void. THE FOREGOZNG RESOLU:ION is signed and approved by ne this 30th day of Septe!nber, 1985. ~ ~ ~/I ~ I_.'.x~ ,il'4 ~~=c~ c~J CFiAIRWOFfAN, ANAH IM CITY PLANNING COMMiSSION ATTEST: ,~ / ~~ ~ ' - /~ ,~-t..G~ . .~; . .~'G(~i.r.~-~- SECh.~'PAi2 , AIdAFiEii•1 Ci4Y PLAI ivZNG COi•]i•fISSZOi~ -6- PC85-21b STATE OP CALZFORNIA ) COUNTY UF ORANCE ) ss. CZTY OF ANAHEI61 ) I, Edith L. Harcis, Secretary of the Anaheim City Planning Commission, dc hereby certify that the focegoing cesolution was passed and adopted at a meeting of the Anaheim City Planning Commis~ion held on September 30, 1985, by the following vote of the members thereof: AYES: COM6IISSZONERS: BOUAS, FRY, HERBST, LA CGAIRE, LAWICKI, MC BORNEY~ bIESSE NOES: COMMISSIOI~ERS: NONE ABSENI': CUMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hanc] this 30th day of SepL-embec, 1985, ~ `Y.~.~~ `'J . _ ~ . ~ - ~~,.~ ~..z SECRETARY, ANAHEIM CITY PLANNING COMMISSION -~' PC85-216 '~