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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. 063or 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. -2- PC85-224 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. -3- 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, ~~ ' l-C-[-/)a~ ~~~f) o ' CHAIRWOMAN~ ANAHEIM C TY PLA~NNING COMMISSION ATTESi: ~ fj . ~~~ 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 -4- PC85-22Q