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1985-114RESOLUTION NO. 85R-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2653. 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 CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, owner, and WESTPORT CENTERS, agent, to permit a 165-unit senior citizens' retirement facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 150 PAGES 2-3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL AND GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY, AS RESERVED BY ANNA M. MC DUELL, RECORDED ON APRIL 2, 1959 IN BOOK 4654 PAGE 47, OFFICIAL RECORDS, AND AS AMENDED BY GRIFFITH BROS., A PARTNERSHIP, RECORDED APRIL 16, 1959 IN BOOK 4671 PAGE 103, OFFICIAL RECORDS AND AS RESERVED BY ERWIN FRANK MILLER AND MELVIN LENSING MILLER, IN THE DEED RECORDED ON FEBRUARY 1, 1963 IN BOOK 6416 PAGE 247, OFFICIAL RECORDS AND AS RESERVED IN BOOK 5438 PAGE 54, OFFICIAL RECORDS; 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. PC85-09 granting Conditional Use Permit No. 2653; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2653 be, -2- and the same is hereby, granted permitting a 165-unit senior citizens' retirement facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.01.130 - Required lot frontage. (all lots required to abut a public street or alley; 1 lot without such frontage) SECTIONS 18.06.050.013, - Required type of parking spaces. 18.060.080 (132 covered spaces required; AND 18.44.066.050 172 open 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 Medical Center Drive in an amount as determined by the City Council. 2. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. 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 each new dwelling unit. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. 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. 7. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 8. That street lighting facilities along Medical Center Drive 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 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 permits. The above-required improvements shall be installed prior to occupancy. -3- 9. That fire sprinklers shall be installed as required by the City Fire Marshall. 10. That all engineering requirements of the City of Anaheim along Medical Center Drive, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, 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 issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 11. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 12. 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. 13. That in the event subject property is divided by a parcel map, a reciprocal access agreement shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 14. That a public utility easement as required by the Director of Public Utilities be granted to the City of Anaheim. 15. That not less than two (2) personnel shall be on-duty at all times. 16. 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, at 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 form approved by the City Attorney so limiting such occupancy. A copy of said covenant shall then be presented to the Planning Department. 17. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. -4- 18. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 19. 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". 20. That in the event construction of subject development is phased, the circulation and parking facilities for the entire seniors retirement project shall be installed prior to occupancy of the first phase. 21. That as required by the City Traffic Engineer a revised circulation plan shall be submitted and approved prior to issuance of building permits. Said revised plan shall minimally indicate reconfiguration of the grade level parking area for the medical office facility and, reconfiguration of the "looped" driveway accessway for the seniors project to a minimum clear width of 25 feet. 22. That a 6-foot high masonry block wall shall be constructed and maintained along the northerly, westerly and easterly property lines. 23. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 24. 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, 8, 10, 14, 16, 18, 19 and 21, 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. 25. That prior to final building and zoning inspections, Condition Nos. 4, 5, 7, 9, 11, 17, 20, 22 and 23, above-mentioned, shall be complied with. 26. That use of the dining area or restaurant area shall be limited to tenants and their guests only. 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, shall be deemed null and void. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th~d~ay of March, 1985. ~~~~ /~ /, ~~~~ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 3396M 040385 -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. 85R-114 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on 'te'''n., the 12th day of March, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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-114 on the 12th day of March, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of March, 1985. ~. ~.~^-~ CITY 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. 85R-114 duly passed and adopted by the Anaheim City Council on March 12, 1985. ~~ CITY CLERK .....~.