86R-405
RESOLUTION NO. 86R-405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2837.
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 ROBERT F. WEISS AND DAPHNE I. WEISS, 1608 Buena Vista Avenue,
Anaheim, California 92802 upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
LOT 18 OF TRACT 2177 AS PER MAP THEREOF, RECORDED IN
BOOK 59, PAGES 36 AND 37 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, CALIFORNIA; 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. PC86-225 granted, in
part, Conditional Use Permit No. 2837; 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.
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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, in part, said conditional use permit be, and
the same is hereby, affirmed and that Conditional Use Permit No.
2837 be, and the same is hereby, granted permitting a dental
office and laboratory in a converted residential structure on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0211, - Minimum number of parking
18.06.080 AND spaces. (9 spaces required;
18.44.066.050 5 spaces existing)
SECTION 18.44.035.030
- Required location of parking
spaces. (parking at rear of
structure required; parking
at front proposed)
SECTION 18.44.069
- Required trash enclosure.
(trash enclosure required; none
proposed)
subject to the following conditions:
1. That the existing structure shall comply with the
minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim.
2. 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.
3. 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.
4. That prior to final building and zoning inspections,
Condition Nos. 3 and 3, above-mentioned, shall be complied with.
5. That the use shall be restricted to one dentist and one
nurse (professional employees) plus the receptionist and/or other
office workers.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of September,
1986.
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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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. 86R-405 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of September, 1986, 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. 86R-405 on the 9th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoifig is the original of Resolution No. 86R-405 duly passed and
adopted by the Anaheim City Council on September 9, 1986.
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CITY CLERK