96-208 RESOLUTION NO. 96R-205
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 4292.
WHEREAS, after a request for variance to permit a
2-story, approximately 3,800 sq.ft., office building, 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. 4292 was granted covering the following
described property:
THAT CERTAIN PARCEL OF LAND IN THE CITY OF
ANAHEIM, AS SHOWN AS PART OF THE SANTA ANA
VALLEY IRRIGATION CANAL, IN VARYING WIDTHS
APPROXIMATELY 46 FEET PLUS OR MINUS DESCRIBED
AS FOLLOWS:
BOUNDED SOUTHERLY BY THE NORTHERLY LINE OF SANTA
ANA CANYON ROAD AS NOW ESTABLISHED.
BOUNDED EASTERLY BY THE WESTERLY LINE OF MAUDE
LANE, AS NOW ESTABLISHED.
BOUNDED NORTHERLY BY THE SOUTHERLY LINE OF TRACT
5229, IN BOOK 192, PAGES 11 AND 12, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY.
AND BOUNDED WESTERLY BY THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF LOT 33 OF SAID TRACT 5229;
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.
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.
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 permit a 2-story, approximately
3,800 sq.ft., office building on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
Section 18.04.060.050 Required Darkinq lot landscaDinq.
(Minimum 1 tree required in the
parking lot [based on 1 tree for
everv 10 conti~uous parkin~
spaces]; none proposed)
Section 18.41.062.011 Maximum structural height.
(22 feet permitted when building is
located 44 feet from RS-7200[SC]
residential zoning to the north;
27 feet proposed)
Section 18.84.062.010.142- Minimum landscape setback adjacent
to a residential zone boundary.
(10 feet required; 3 feet proposed
between commercial parking spaces
and RS-7200[SC] zoning to the
north)
Section 18.84.062.010.011- Minimum setback adjacent to a
scenic highway. (100 feet required along Santa Ana
Canyon Road;
4 feet to a trash enclosure and 10
feet to the 2-story buildinq
proposed)
Section 18.84.062.010.013- Minimum setback adjacent to a local
street.
(20 feet required between the 2-
story building and Maude Lane; 13~
feet proposed)
That said variance be granted subject to the following
conditions:
1. That a performance bond shall be posted for street
improvements along Santa Ana Canyon Road and Maude Lane. Street
improvement plans shall be submitted to the Public Works
Department, Development Services Division. The improvement plans
shall include sidewalk, curb and gutter in locations approved by
the City Engineer. The improvements shall be constructed prior
to final building and zoning inspection.
2. That the developer shall submit a water quality management
plan (WQMP) specifically identifying the best management
practices that will be used on site to control predictable
pollutants from stormwater runoff. The WQMP shall be submitted
2
to the Public Works Engineering Department, Development Services
Division, for review and approval.
3. That prior to grading plan approval, the developer shall
submit a landscape plan to provide surface erosion control for
the undeveloped portion of the property. The landscape plan
shall feature native or drought tolerant plant materials.
4. That prior to grading plan approval, the developer shall
submit a drainage report to the Public Works Department,
Development Services Division, for review and approval. The
drainage report shall recommend drainage improvements to ensure
that drainage to the adjacent private property is within
acceptable standards.
5. That prior to grading plan approval, the developer shall
submit a soils report to the Public Works Department, Development
Services Division. The report shall include an analysis of the
recent unauthorized fill of the SAVI canal.
6. That lighting fixtures in any proposed parking area
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 so-specified on the plans submitted for
building permits.
7. That no roof-mounted equipment shall be permitted.
8. That this Variance is granted subject to adoption of a
zoning ordinance in connection with Reclassification No. 95-96-
04, now pending.
9. That final signage plans shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
10. That unopenable, opaque glass shall be installed and
maintained on all second story windows facing north, with the
exception of any windows that are placed above eye level.
11. That no medical or dental offices shall be permitted on
the second floor of this building.
12. That all landscaping on the property (including the most
westerly portion of the property) shall be permanently maintained
and irrigated.
13. That no freestanding identification signs shall be
permitted on subject property unless a variance permitting such a
sign is first approved by the Planning Commission and/or City
Council.
14. 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. 2 of Exhibit Nos. 1 and 2
and Revision No. 1 of Exhibit Nos. 3 and 4, with the exception of
those changes required by these conditions of approval.
15. 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, 8, 9 and 19,
herein-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.
16. That prior to final building and zoning inspections,
Condition Nos. 14 and 20, herein-mentioned, shall be complied
with.
17. 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.
18. That the hours of operation shall be limited to 8:00 a.m.
to 6:00 p.m.
19. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
conformance with the most current versions of Engineering
Standard Nos. 436, 601 and 602.
20. That the driveway on Santa Ana Canyon Road shall be
constructed with ten {10) foot radius curb returns as required by
the City Engineer in conformance with Engineering Standard No.
137. Said driveway shall also be designed in such manner as to
provide egress only and to prevent ingress to the property by
such driveway.
21. That the height of the building shall not exceed 27 feet.
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
4
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 17th day of December,
1996.
'~--~"~ CITY OF~~ IM
~R OF THE
ATTEST:
CITY CLERK OF THE CITY OF ~EIM
0021536.01+
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. 96R-208 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 17th day of December, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-208 on the 17th day of December, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 17th day of December, 1996.
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 odginal of Resolution No. 96R-208 was duly passed and adopted by the City Council of
the City of Anaheim on December 17th, 1996.
CITY CLERK OF THE CITY OF ANn'S-ElM