91-284 RESOLUTION NO. 91R-284
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4113.
WHEREAS, after a request for variance to permit a 5-
story, 140,000 sq. ft. medical multi-specialty office building with
2 levels of subterranean parking and a detached 5-level parking
structure, 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. 4113 was granted covering
the following described property:
PARCEL 3 OF PARCEL MAP NO. 85-337, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 207 PAGES
14 AND 15 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 2 OF PARCEL MAP 81-259, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 175 PAGES 39 AND 40
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; 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. 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.
VAR #4113
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 5-story, 140,000 sq. ft. medical
multi-specialty office building with 2 levels of subterranean
parking and a detached 5-level parking structure on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
SECTIONS 18.06.050.0211 - Minimum number of parkin~ spaces.
18.06.080 (1.010 required; 791 proposed)
and 18.44.066.050
SECTIONS 18.44.062.011 - Maximum structural height.
(27.5 to 55 feet permitted for
medical office building located
55 to 110 feet from RS-A-43,000
zoning to the west; 28 to 82 feet
proposed) and
(5 feet permitted for parking
structure located 10 feet from
RS-A-43,000 zoning to the west;
55.5 feet proposed)
SECTION 18.44.063.040 - Minimum required setback adjacent
to residential zone boundary.
(10 to 16 feet required for
7-level parking structure;
10 feet proposed)
That said variance be granted subject to the following conditions:
1. 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 established by
City Council resolution.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revisions of
Engineering Standard Plan Nos. 402, 436, 602, 604 and 605
pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
3. That all driveways shall be constructed with fifteen (15)
foot radius curb returns as required by the city Engineer
in conformance with Engineering Standards.
4. That the site plan submitted for building permits shall
provide and show access to trash enclosure area(s) for
sanitation trucks, including on-site turn around areas as
required by the Street Maintenance and Sanitation
Division.
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VAR #4113
5. That prior to the issuance of a building permit, the
developer shall provide twenty five and eight tenths
(25.8%) of the cost of eastbound right-turn-only
improvements at Lincoln Avenue and Beach Boulevard. Said
contribution shall be subject to adjustment in accordance
with the Engineering News Record-Construction Cost Index
for the Los Angeles Area.
6. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and approved by the Fire Department. An all-weather road
shall be provided to the hydrants at all times, as
required by the Fire Department.
7. That fire sprinklers shall be installed as required by
· the Fire Department. Further, if subject building meets
the "fifty five (55) foot high use" criteria, then the
requirements of Uniform Building Code Section 1807 must
be met. A Class I standpipe shall be required.
8. That trash storage areas shall be provided and maintained
in locations acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
9. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by
said Division.
10. That subject property shall be served by underground
utilities.
11. That a Lot Line Adjustment Plat to combine the two (2)
existing lots shall be submitted to the Subdivision
Section for review and approval by the City Engineer and
then be recorded in the Office of the Orange County
Recorder.
12. That the sanitary sewer serving subject property shall be
connected to the existing sewer line in Beach Boulevard.
An encroachment permit for this construction shall be
obtained from Caltrans. A sanitary sewer connection will
not be allowed to Orange Avenue due to capacity
constraints.
13. That the legal owner of subject property shall acquire a
recorded unsubordinated access easement from the legal
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VAR #4113
property owner immediately east of subject property for
ingress and egress purposes to subject property. Said
easement shall be designed in a manner satisfactory to
the City Traffic and Transportation Manager, and said
covenant shall be in a form satisfactory to the City
Attorney. A copy of the recorded covenant shall be
submitted to the Zoning Division.
14. (a) That a six (6) foot high masonry block wall shall be
constructed and maintained along the RS-A-43,000
zoned property to the west excepting the front
setback where the wall height shall not exceed three
(3) feet. Said wall shall be planted and maintained
with clinging vines to eliminate graffiti
opportunities; and
(b) That a minimum six (6) foot high masonry block wall
matching the height of the existing block wall
separating the convalescent center from the
residential condominiums to the south shall be
constructed and maintained along the RM-3,000 zoned
property to the south.
15. That any proposed parking area lighting fixtures located
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 and shall be indicated
on the plans submitted for building permits.
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.
17. That any existing or proposed freestanding sign on
subject property shall be monument-type not exceeding
eight (8) feet in height and shall be subject to the
review and approval of the City Traffic and
Transportation Manager.
18. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
19. That lighting fixtures from the proposed parking
structure shall be designed and installed so as to not
have a negative impact upon the adjacent residentially
zoned property to the south and west and the retirement
home to the east.
20. (a) That prior to issuance of a building permit, the
owner(s) of subject property shall submit evidence
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VAR #4113
of a recorded reciprocal parking agreement, in a form
approved by the City Attorney, providing for equal access
to all parking spaces on both the north and south sides
of Orange Avenue for the hospital and medical office
uses; or
(b) That a minimum of six hundred seventy (670) parking
spaces shall be provided for the hospital on the
north side of Orange Avenue, as specified by
Conditional Use Permit No. 3379. In the event that
said six hundred seventy (670) parking spaces are
provided, the reciprocal parking agreement referred
to in paragraph (a), preceding, may be terminated.
21. That the water backflow equipment and any other large
water system equipment shall be installed to the
satisfaction of the Water Utility Division in either (a)
underground vaults or (b) behind the street setback area
in a manner fully screened from all public streets.
22. That any lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
23. 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. Such information shall be specifically shown
on the plans submitted for building permits.
24. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, that such information
shall be specifically shown on the plans submitted for
building permits.
25. That the parking area adjacent to Orange Avenue shall be
screened from view in conformance with Zoning Code
Section 18.44.064.010. Such screening shall be shown on
plans submitted for building permits.
26. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Revision No. 3
of Exhibit No. 1, Exhibit Nos. 2 through 14, Revision
No. 1 of Exhibit Nos. 2 through 14, Revision No. 1 of
Exhibit No. 16 and 17, and Exhibit Nos. 18 through 20.
(a) The proposed monument sign shall not exceed eight
(8) feet in height;
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VAR #4113
(b) A row of large trees (minimum 5-foot box) and a
second row of smaller trees (minimum 5 to 6 feet
high) shall be planted in the landscaped setback
along the south property line to screen the parking
structure from the condominiums to the south; and
(c) The south facing walls of the parking structure
shall be entirely enclosed.
27. That the developer shall be responsible for any direct
costs associated with the monitoring and/or reporting
required as set forth by Section 21081.6 of the Public
Resources Code to insure the implementation of the
mitigation measures identified in the mitigated Negative
Declaration that have been incorporated as conditions of
approval for subject property.
28. That prior to issuance of a building permit, building
plans shall be submitted to the Building Division showing
a driven-pile or mat-type foundation as recommended in
the submitted Geotechnical report. The Chief Building
Official shall have final approval of the final
foundation design.
29. That the petitioner shall obtain a Discharge Permit from
the Regional Water Quality Control Board for the removal
of any ground water encountered during excavation.
30. That prior to issuance of a building permit, the
petitioner shall submit final parking structure design
plans showing mitigation of potential or identified
impacts on the property to the south to the Zoning
Division for review and approval by the Planning
Commission as a Report and Recommendation item.
31. 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, 2, 4, 5, 8, 9,
11, 13, 15, 20, 23, 24, 25, 28, 29 and 30,
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.
32. That the developer shall comply with Chapter 14.60 of the
Anaheim Municipal Code pertaining to Transportation
Demand Management.
33. That prior to final building and zoning inspections,
Condition Nos. 3, 7, 10, 12, 14, 17, 19, 21, 22 and 26,
above-mentioned, shall be complied with.
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VAR #4113
34. 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, State and Federal 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.
35. That no construction work on the parking structure shall
take place on Saturdays or Sundays.
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 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 24th day of September,
1991.
MAYOR OF THE CITY OF ANAHEIM ~~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34V4113.12
093091
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VAR #4113
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. 91R-284 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 24th day of
September, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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. 91R-284 on the 25th day of September, 1991.
IN WITNESS WHEREOF, I have hereunte set my hand and affixed the seal of the
City of Anaheim this 25th day of September, 1991.
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. 91R-284 duly passed and adopted
by the City Council of the City of Anaheim on September 24, 1991.
CITY CLERK OF THE CITY OF ANAHEIM