86R-439
RESOLUTION NO. 86R-439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3571.
WHEREAS, after a request for variance by MARTHA
SCHUMACHER, P.O. Box 191, Anaheim, California 92805, owner, and
CORNICHE DEVELOPMENT CORPORATION, 1681 Loma Roja Drive, Santa
Ana, California 92705, ATTEN: DANIEL O'CONNER, 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. 3571 was denied covering the following
described property:
BEGINNING AT THE NORTHWESTERLY CORNER OF BLOCK 8 OF A
REPLAT OF THE ORCHARD PARK TRACT, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 7, PAGE 6 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE
OF SAID BLOCK 249.75 FEET; THENCE SOUTHERLY PARALLEL
TO THE WESTERLY LINE OF SAID BLOCK 8, 229.5 FEET;
THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF
SAID BLOCK 249.75 FEET TO THE WESTERLY LINE OF SAID
BLOCK; THENCE NORTHERLY ALONG THE WESTERLY LINE OF
SAID BLOCK 8, 229.5 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30 FEET OF SAID LAND
AS CONVEYED TO THE CITY OF ANAHEIM, A MUNICIPAL
CORPORATION, FOR ROAD AND INCIDENTAL PURPOSES BY AN
INSTRUMENT DATED OCTOBER 11, 1912 AND RECORDED
DECEMBER 9, 1912, IN BOOK 224, PAGE 110 OF DEEDS; 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
"~.",~. .....4~.. "~_ ", ft'<<_. '~".""""_""_""-"'''''''_''_'''"
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 a conditional zoning variance be, and the same
is hereby, granted to construct a two (2) story office building on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTIONS l8.06.040.03l
18.06.040.032
AND 18.41.066.040
Maximum number of small car
spaces. (Maximum of 17
[25%] small car s~aces per-
mitted; 20 [29.4%J small car
spaces proposed)
SECTIONS 18.060.050.0212 -
AND 18.06.080
Minimum number of parking
spaces. (77 spaces re-
quired; 68 spaces [88.3%]
proposed)
SECTION 18.41.062.011
Maximum structural height.
(Maximum 11 to 32-foot
building height permitted
within 22 to 54 feet from a
single-family zone to the
south; 20 to 32-foot build-
ing height proposed)
SECTIONS 18.41.063.030
AND 18.41.063.040
Minimum yard requirements.
(lO-foot wide interior set-
back required; 0 to l-foot
open landscaped setback area
adjacent to southerly prop-
erty line proposed)
SECTION 18.41.061.030
Maximum wall height.
(Maximum 3-foot high wall in
required setback area per-
mitted; 5-foot high wall
proposed)
That said variance be granted subject to the following conditions:
1. That this variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
85-86-38, now pending.
2. 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.
3. That fire sprinklers shall be installed as required by
the City Fire Marshal.
-2-
_.,._...."..----.......__..--~......,-,.~-_.._-~
4. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No.2 of Exhibit No.1 and Exhibit Nos. 1
through 5.
5. That the owner of subject property shall execute and
record a covenant to prohibit medical offices on subject property.
Said covenant shall be approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be furnished to
the Planning Department.
6. 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. 3 and 5, 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.
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 30th day of September,
1986.
~.~
MAYOR OF THE Y ~F ANAHEIM
ATTEST:
~~~/// ~.
CITY CLERK OF THE CITY OF ANAHEIM
BG:fm
l590L
121886
......--"~~.......-.",'.;,;....... ~-=-..,""-<
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-439 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 30th 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-439 on the 30th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of September, 1986.
~~ 7r~~
C~CLERK OF THE CITY OF ANAHEIM----
(SEAL)
I, LEONORA K. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-439 duly passed and
adopted by the Anaheim City Council on September 30, 1986.
..----1
.." /~~q /!~~
~LERK OF THE CITY OF ANAHE1J;r-
._","".--~