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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. - 2 - 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 - 3 - 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 - 4 - 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; - 5 - 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. - 6 - 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 - 7 - 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