Loading...
1985-510RESOLUTION NO. 85R-510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2730. 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 AMERICAN MEDICORP DEVELOPMENT COMPANY, 1 River Front Plaza, Louisville, Kentucky 40201, ATTN: MARCIA BAKER, owner, and GOLDRICH, KEST & ASSOCIATES, 15233 Ventura Boulevard, #816, Sherman Oaks, California 91403, ATTN: MANNY AFTERGUT, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEID4, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 175, PAGES 39 AND 40 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH 00° 11' 18" EAST 281.49 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 3, SOUTH 89° 35' 41" WEST 182.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 182.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE ABOVE-HEREIN MENTIONED EAST LINE; THENCE ALONG 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 SOUTH 89° 35' 38" WE5T 182.00 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG SAID NORTH LINE NORTH 89° 35' 38" 182.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.176 ACRES, MORE OR LESS; 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. PC85-233 approving Conditional Use Permit No. 2730; 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. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission approving said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2730 be, and the same is hereby, granted permitting a 100-unit senior citizens' retirement facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.040.031, 18.06.050.0131, 18.06.080 AND 18.44.066.050 - Minimum number and type of parking spaces. (80 spaces required with a maximum 25~ small car spaces permitted; 44 spaces with 45~ small car 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 Beach Boulevard in an amount as determined by the City Council. 2. 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 new commercial buildings. 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 Anaheim along Beach Boulevard, including preparation of improvement plans and installation 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 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 approval of improvement plans, to guarantee the installation of the above-required 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 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 -3- 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 approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 7. That subject property shall be served by underground utilities. 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 Department. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Planning Department. 11. 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. 12. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 13. 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 and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 14. 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 Council. 15. That a six (6)-foot high masonry block wall shall be constructed and permanently maintained along the southerly property line, excepting the required front setback area along Beach Boulevard. 16. That the tenancy of subject facility restricted to persons at least one (1) of whom sixty-two (62) years of age or older; and that be recorded by the owners of the property in a the City Attorney so limiting such occupancy. covenant shall then be submitted to the Planni shall be in each unit is a covenant shall form approved by A copy of said ng Department. -4- 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 with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 19. 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, 4, 6, 13, 16 and 17, 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. 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 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, steal1 be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of December, 1985. i~" [ ~ MA OR OF THE CI'T'Y F ANAHEIM ATTEST: GL `//~ CITY CLERK OF THE CITY OF ANAHEIM JWF : fm 4572r~ 123185 -5- CLERK 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-510 was introduced and adopted at a regular '' meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of December, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, 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. 85R-510 on the 10th day of December, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of December, 1985. ~ i~~~ CITY. CLERK OF THE CITY OF ANAHEIM (sEAL3 I, LEGNORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-510 duly passed and adopted by the Anaheim City Council on December 10, 1.985. CITY CLERK