PC 85-233..
_ _ . _ r
;:.r,
RESOLUTION N0. PC85-2J3
A RESOLUTZON OF TFlF ANAfiEIt•i CITY PL'ANNING COMMISSION
THAT PETITION FOk C^v[dil2TI0NAL USE PERt4IT N0. 2730 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from AMERICAN M~DICORP DEVELOPMENT
COFIPANY, 1 River Front Plaza, i,ouisville, Kentucky 40201, ATTi:~ MARCIA BAKER,
owner, and GOLDRICH, KEST & ASSOCIATES, 15233 Ventura Boulevard, ;316, Sherman
Oaks, California 91403, ATTN: MANNY AFTERGUT, agent for cerkain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT P012TION OF PARCEL 3, IN THE CITY OF ANAFIEIM, COUNTY OF
ORANGE~ STATF OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
175, PAGE~ 39 AND 40 OF PARCEL MAPS IN THE OFFICE OE THE
COUNTY RECJRDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BF.GINNING AT TF1E NORTH$AST CORNER QF SAID PARCEL 3; THENCE
ALONG THE EASTERLY LINE OF SAID P;Ri;EL 3, SOUTH 00° 11' 18°
EAST 28:.49 PEET TO THE SOUTHEAS; CORNER OE SAID PARCEL 3;
THE~lCE ALONG THE SOUTH LINE OF SATD PARCEL 3~ SOUTH 89° 35'
41' WEST 182.00 FEET TO A POINT UN A LINE PARALLEL WITH AND
DISTANT 182.00 FEET WESTERLY~ MEASURED AI' RIGHT ANGLES~ FROM
THE ABOVG-HEREIN MENTIONED Er1$1~ LINE; THGNCe. ALQNG 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 SOOTEi 89° 35' 3II" WES'P 1k12.UU h'GE;T FitGi•i TG.^. ,";p.^,'"u~'Tem
CORNER OP SAID PARCEL 3; THENCE ALUNG SAlL 140RT[~ LIt7S PIOP.TH
89° 35' 38" 1II2.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.176 ACRES, MORE OR LESS.
wHEREAS, the City Planning Commission did hold a public hearing at
the Civia Center in the City of Anaheim on October 28, 1985, at 1:30 p.m.,
notice of said oublic hearing having ~eer. duly yiveu a,:, rcyuired by law and in
accordance with the provisions of the Anaheim Municipal Code, 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; at~d
WHF:REAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and repor.ts offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one f.or which a conditional use
permit is authorized by Anaheim Dlunicipal Code Section 18.44.050.170 to wit:
to construct a lOC-unit senior citizens' retirement facility with waiver of
the following:
SECTIONS 18.06.040.031. - Minimum number and type of parking spaces.
18.06.050.0131, (AO spaces required with a maximum 25g small
18.06.080 AND cac spaces permitted; 44 spaces with 458
18.44.066.050 small car spaces proposed)
Oo39r
~ PC85-233
f ,,,
• 2• That the requested waiver is hereby granted on the basis that the
parking waiver will not cause an increase in traffic congestion in the
immediate vicinity r.or adversely affect any adjoining land uses and 9ranting
of the parking waiver under the conditions imposed, if any, will not be
detrimental to the peace, health, safety and qenera.l welfare of the citizens
of the City of Anaheim.
3• That the pcoposed 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.
4• ihat 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
generalnwellare f theaCitizens ofrl•he City oP Anaheimace, health, safety and
conditions.im hat t'~e granting of the Conditional Ose Permit under the
posed, if any, will not be detrimental tu the peace, ).=a.lth,
safety and general ~aelfare of the Citizens of the City of Anaheim.
6• That the traEfic generated by the proposed use will not impose a^
undue burden upon the streets and highways designed an~ improved to cacry rhe
traffic in the area.
~- That no one indicated their presence at said public hearing in
opposition; and tF:at no correspondence was received in opposition to the
subject peL•ition.
ENVIRONA]ENTAL 2MPACT FINDING:
Commission has reviewed the mhat4 the Ananeim Cit.y Planning
~_t_"m`~` `Yyiii` proposal to cons_rucr. a~p0-unit senior cirizPns'
r ~aiLL waiver o1 minimum number and type of parking spaces
~n a re~tangularly-shaped parcel of land consisting of approximately 1.18 acre
havin9 a frontage of approximately 281 feet on the wpst side of Beach
Boulevard, being located approximately 390 feet ~u4L-; o° t~A ~ar.tcriine of
Orange Avenue, and Lurther described as 631 South Beach Boulevard; and dues
hereby approve the Negative Declaration uo~n findinq that it nas considered
th~ p~~g4Live Deciaration together with anp comments received during the public
review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effecc on the environment.
NOW, THEREFORE, BE IT RESOLVE~ that the Anaheim City Planning
Commiccion does hereby grant subjPct Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety
and yeneral welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall pay to the City of Anaheim a
fee for tree plantiny purposes along Beach Boulevard in an amount as
determined by the City Council.
2. That prior to issuance of a buildi.ng permit, the appropriate traffic
signal assessii;ent Pee shall be paid to the City of Anaheim in an
amount as determined by the City Council for new commercial buildings.
-z-
PC85-233
'
_ . . __.,
. ,:-:.~
' r\
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 Ar.aheim along Beach
8oulevard, including preparation of improvement plans and
instaliation 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
speciEications 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
L-he City prior to approval of improvement plans, to guarantee the
instaZlation of the above-requiced 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 6ffice af Utilities General
Manager, anc~ that ~ecurity in the form oi a bond, certificate of
deposit, letter of crec!it, or cash, ir. an amount and Eorm
satisfactory to the City ot Anaheim, shall be posted with the City to
guarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with khe City of Anaheim
prior to approva.l of improvement plans, The above-required
improvements shall be installed pcior ~o ocrupanr.y.
7. That subject property sl~.,ll be secved by underground utilities.
8. That prior to commencernent of structural framing, fire hydrants shall
be installed and charged as required and determi~~A to ti~ ~~:e~~ury
L,y Liie ~niei or the Fire Uepartmenr..
9. That trash storagu ~reas shall be pruvided and maintained in
ar.cordance with approved plans on file with the street Maintenance
and Sanitation I~ivisio~.
lU. '1'hat in the event a parcel map is recorded on subject prop~rty, a
reciprocal access and ~arking agreement, in a tocm eatisfactory to
Lh~ r~ty Attorney, shall be recordecl with the Office of the Orange
County Recordec. ~;o~,y ut r.he recorded agreement shall then be
submitted to the Ylanning Departmenl.
11. That in the event subjecr. property is to be divided for the purpose
oP sale, lease, or fir.ancing, 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.
-3 PC85-233
" ,^.
12„ Thal all air conditioning facilities and other roof and ground
mounted equipment shall be proper].y shielded from view, ~nd th:~ sound
buEfered from adjacent residential properties.
13. That prior to issuance of building permits, the applicant shall
present Evidence satisfactory to the Chief Building Znspector that
the proposed project is in conformance with Council Policy Number 542
"Souna Attenuation in Residential Projects' and with Noise Insulation
Standards specified in the California Admi.nistrative Code, Title 25.
14. That the proposal shall comply with all signing reguirement~ of the
CL 'LOne, unless a variance allowing sign waivers is approved by the
Planning Commission qr City Council.
15. That a six (6)-foot high masonry block wall shall be construct?d and
permanently maintained along the scutherly property line, excepting
the required front setback area alony :~each Boulevard.
16. That the tenancy oE subject facility shall be restricted to persons
at least ure (1) of whom in each ~nit is ~ifty-five (55) years of age
or older; and rhat a covenant shall be recorded by the owners of the
property ;n a form approved by the City Attorney so limiting such
occupancy. A copy of said covenant shall tt~en be submitted to the
Planning Department.
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
witu plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 3.
19. That prior to iss~ance of a building permit, or ieithin 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, a6ove-mPntion~d, sha22
Le 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 Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upun 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 R2solution, and any approvals herein
contained, shall be deemed null and void.
-4 PC85-233
THE FUREGUING RESOLUTION is signed and apptoved by me this 28th day
of Uctober, 1985.
~.. ~(~/-,...r ~ ~Qi.~ Q i
CHAIRWOMAN, A1~AHEIM CITY PLA[dNING COMMISSION
ATTEST:
,~.~ ~ ~~,
SECRETAR't~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, EditF L. Harris, Secretary o: the Anaheim City Planning
Commission, do hereby certify that the forego~ng resolution was passed and
adogtPd at a meeting of the Anaheim City Planning Commission held ~n October
28, 1985, by the following vote of the members thereof:
AYES: COPIMISSIOtJEFS: BOUAS, FRY, HERBST, LA C:,AIRE, LAWICKI, MC BURNEY
MESSE
NUES: COMMISSiONERS: 6:GNE
ABSENT: COt4MISSIONERS: NONE
IN WITNESS WHEREOP, I have hereunto set my hand this 28th day of
October, 1935.
~~ ~ ~~
SECRETA Y~ ANAHEIM CITY PLANNING CODIMIaSION
-5- PC85-233