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RES-1989-106 RESOLUTION NO. 89R-106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3859. WHEREAS, after a request for variance by ANAHEIM GENERAL HOSPITAL LTD, 3350 W. Ball Road, Anaheim, CA 92804, owner, and BRAD A. JEFFERY, 3350 W. Ball Road, Anaheim, CA 92804, agent, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3859 was denied covering the following described property: PARCEL 1, AS SHOWN ON PARCEL MAP RST 7876, FILED IN BOOK 124, PAGES 2 AND 3 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA; 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 public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses for the following reasons: a · The proposed medical office building is a permitted use within the existing CL (commercial limited) zoning for the property. b · The proposed medical office building is compatible with existing development on the property and on adjacent property; therefore, the use will not adversely affect adjoining land use. C · One hundred ninety-nine (199) additional parking spaces will be installed on the property, which is in excess of the number of spaces required by the Anaheim Municipal Code for a 30,000 square foot medical office building. d · Parking demand studies prepared by independent traffic engineers and approved by the City Traffic Engineer conclude that adequate on-site parking will be provided for the property. 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 for the following reasons: a · The variance is conditioned upon the implementation of a parking management program designed to improve parking and traffic congestion in the immediate vicinity. Features of this parking management program include: Gate control of access driveways; Restricted parking areas in the morning; Permit parking reserved for medical office use; Relocation of hospital entrance; Relocation of "Doctor Only" parking areas; Provide adequate signing for parking areas. b . If the parking management program is not maintained, the variance is conditioned upon the placement of additional on-site parking spaces on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a 3-story, 50,000-square foot medical office building on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0211 - AND 18.41'.066.050 Minimum number of parking spaces. (955 required; 613 proposed) ....... That said variance be granted subject to the following conditions. . 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 City Council resolution· · That curbs and gutters shall be repaired along Bail Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. · That a modified cul-de-sac shall be provided at the terminus of Oaklawn Drive as required by the City Engineer. · That ail driveways shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. -2- · That the vehicular access rights to Oaklawn Drive shall be dedicated to the City of Anaheim. · That a fee shall be paid to the City o£ Anaheim £or street lighting along Ball Road in an amount as established by City Council resolution. · That a fee shall be paid to the City o£ Anaheim for tree planting along Ball Road in an amount as established by City Council resolution· · That street lighting facilities along Oaklawn Drive shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter o£ credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satis£actory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 10. That the new construction authorized by this resolution shall be served by underground utilities. 11. That a fire flow test of the water system to determine adequate water pressure shall be conducted to the satisfaction of the City Water Engineering Division. 12. That a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 15. That £ire sprinklers shall be installed as required by the City Fire Department. 14. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Divisions. 15. That ali air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 16. That the proposal shall comply with all signing requirements of the CL "Commercial Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. -5- 17. That a six (6)-foot high masonry block wall shall be maintained along the east and west property lines. 18. That building plans shall show that any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. 19. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 5, 5, and Revision No. 1 of Exhibit No. 4. 20a. That prior to issuance of a building permit, a parking management program shall be submitted to the City Traffic Engineer for his review and approval indicating the method for implementing all applicable parking controls described in the parking study dated January 5, 1989. Said controls shall be in place prior to occupancy of the proposed medical building and shall remain in effect thereafter. In the event that future parking problems occur, the City Traffic Engineer may require the owner of subject property, at no cost to the City, to submit a parking report identifying solutions to said problems. Said solutions shall be implemented, at no cost to the City, within a time period specified by the City Traffic Engineer. b. That prior to issuance if a building permit, the owner of subject property shall execute and record a covenant, in a form approved by the City Attorney, agreeing that if the parking management program is not maintained, said owner shall either: (1) Construct a parking structure on subject property or otherwise provide additional off-street parking (not to exceed sixty eight [68] additional parking spaces) in a manner satisfactory to the City Traffic Engineer; or (2) Be subject to liquidated damages of two hundred fifty dollars ($250) per day payable to the City of Anaheim for each day that the parking management program is not maintained. Further, such daily damages shall be applicable if the parking management program is not maintained during any period when a parking structure or additional off-street parking spaces are being constructed or otherwise provided. -4- Said covenant shall run with the land in order to bind subject property and any subsequent owner to the obligations imposed by the covenant. A copy of said recorded covenant shall be submitted to the Zoning Division. Any violation of any provision of said covenant or foreclosure of any lien resulting in the unenforceability or extinguishment of said covenant shall be deemed a violation of this condition of approval. 21. That prior to final buiding and zoning inspections and issuance of certificates of occupancy, either (a) application shall be made to the City of Anaheim (and the processing shall be completed) for the abandonment of Masters Lane in order to determine whether said public street should be converted to a 'gated' private street or (b) the owner of the subject property shall submit proof to the City Engineer in a form acceptable to the City Attorney that there is insufficient interest in the abandonment of Masters Lane by the owners of property abutting said street within the proposed area of abandonment to warrant proceeding with an abandonment application. If said abandonment is approved, the petitioner/developer of the proposed medical office building shall be responsible for the construction/installation (and cost thereof) of any gates, fences, signs or other controls and improvements which the City Traffic Engineer determines are necessary. 22. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 6, 7, 8, 9, 11, 12, 18 and 20, 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. 23. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, S, 9, 10, 13, 14, 15, 16, 17, 19, and 21, above-mentioned, shall be complied with. 24. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 condition, or any -5- 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of April, 1989. ANAtlEIM ATTEST: CITY CLERK OF THE CITY OF A'NAHE'i'M JLW: db 5008L 040689 -6- 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. 89R-106 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of April, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-106 on the 21st day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of April, 1989. 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. 89R-106 duly passed and adopted by the Anaheim City Council on April 4, 1989. CITY CLERK OF THE CiTY OF ANAJ{EIM