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PC 76-266~ ~ ~. RESOLUTION N0. PC76-2fi6 A R~SOLUTIO~! OF THE ANAHEIM CITY PLAtJNING COMMISSI~N THAT PE7ITION FOR COMDITIONkL USE PERMIT N0, tf~76 SC ,RA~lTED, IM PART. WHEREAS, the Anaheim City Planninq Cornnission did receive a verified Petition for Conditional Use Permit from A.E. HoteTs, Inc., 151 Farmin~ton Avenue, • Hartford, Connecticut 06156 (Owner); Cf1LLltlS APIb Kn,LER, 359 San Miguel Drive, H103, Newport Beach, California 92F6Q (Agent) of certain real property situaYed in the City of Anaheim, County of Orange, State of California described as: PARCEL t: That portion of the land of Dreyfus and others, as sho~•m on the map of Anahelm Extension, surveyed by Wllliam Hamel, a copy of which is shown in Rook 3~ pages 162 and following, entitled Los Angeles County Maps, described as follows: Commencing at the intersection of the Easteriy line of West Street 6F.~~ feet wide, as shoi~n on a map of the replat of Orchard Park Tract, recorded in Bool: 7, page G, Hiscellaneous Maps, records of Qrange County, California, with the Southwesterly line o~ Manchester Avenue, 100.00 feet wide as described in Parcel 2 of Finai Order of Condemnation in tlie Superinr Court Case Plo. 33172, a certified copy of which Final Order is recorded November 7, 193fi, in A~ok 847, page 478, Official Records; thence South 15° t~1' 40" East 191.61 feet along the Easterly line of said West Street to an angie point: in the Southwesterly tine of land described in deed to 5tate of California, recorded April ~t, 1~42, in Book 1145, page 80, Official Records, satd potnt being the true polnt of beginning; thence South 15° 42' 40" Eest 1011,67 feet along the Easterly line of said West Street to the North line ~f West Vermont Avenue, also known as Sro~d Street, as shown on said map of survey of Anaheim Extensian; thence North 74 24' Sf," East, along the Northerly 11ne of said 4lest Vermont Avenue, 5~5.07 feet to said Southviesterly line of Manchester Avenue as described in said Final Order of Condemnation recorded in book 847, page 47£3, Official Records; thence North ~+0° 4R'41" West 668.99 feet along said Southwes[erly line to the Northerty terminus of the tangent course described as having a length of 229.17 feet in the exception in Parcel 1 of the deed to F. A. Yungbluth, and others recorded in book 821, page 2II5, Official Records; thence South 16° 3~+~ 41" East along said tangent course 109.70 feet to the Southwesterly line of land described in deed to State of California, recorded May 19, 1950, in book 2015, page 49, Offlcial Records; thence North <<0° 49' 41" West 5~~.~4 feet along said Southwesterly line to the Southeasterly line of said land of the State of California, recorded in book 1145, page 80, Official Records; thence South 61° 31' S6" West, 37.2~ feet to the poinY of beglnning. Together ~atth the Northeast 1/7. of IJest Street adJointng said land on th~ Southwest. Excepfing therefrc~a that portion lying Northerly of the South line of Parce', No. ~ 2, as shown on a Meia filed in Book 52, page 39 of Parcei Maps in the office of the County Recorder of Orange County, Californla, and the Westerly extension s~, thereof. PARCEL 2: That portion of the North half of 'Jermont Avenue vacated hy Resolutfon No. 69R- 351 of the City Councll of the City of Anaheim. a certified copy of which was recorded June 23, 196q in Book 8g98, page 406 of Official Records of Orange County, California, lying Westerly of the Southwesterly line of Henchester Avenue as described in that certain Final Order of Condemnation in the Superior Co~rt Case No. 33172, a certified copy of which was recorded November 7, 1~36 in Book 847, page 478 of s31d Official Recards. WHEREAS, the Ctty Flanning Cnmmission did hold a public hearing at the City Hall in the City of Anaheim on December 20, 1976, at 1:30 p.m., notice of said public hearing havtng been duly given as reyuired by la~v and in accordance with the provisiUns of the <+naheim IMunicipal Code, Chapter 18,03, to hear and consider evidence for and against said proposed conditional use and to investigate and make findings and recommendatlons 1n connection there~aith; and WHEREAS, said Commission, after due inspection~ investtqation and study made by ttself and in its behalf, and aft~r due consideratlon of all evidence and reports offered at said hearing, does find and det~rmine the following facts: RESOLUTION N0. PC7fi-266 ~ ~ i. That tne propos~d use is properly one for which a conditlonal use permiL is authorized by Municipal Code Section 18,h8.05~.~~20, to tult: permit an amusement complex (water slide)„ with waivr-r~; of: a, SECTION 1fi.05.Oq3.021 - Maximum number of signs. ~ e ~reestandfnq si n permitted; two reestanding slqns proposed) b. SECTIQN S8.4f~.Ofi8 - Required stte screeninq. ~=_oot wall required ahutting freeway; n~ne proposed) 2. 7hat Walver 1-a, above-mentloned, is hereby denied on the basls that the petitioner did not demonstrate tliat a hardshiF wouid be created if said waiver were not granted. 3. That Waiver 1-b„ above-mentio~ed, is herehy gr•anted on the basis that the proposed re;:reational water slide consists of an approximately 20-foot htoh landscaped hill which will be located ad.jace~t to the Santa Ana Freeway and ~olil be visually pleasing to passing tr+affic; and, furthermore, that the required 6-foot ;:ail would not effectively screen said landscaped hill. ~t. That the petitioner stipulated to providing a two and one-half (2 1/7.) to three (3) foot-high earthen berm outside (to the tvest of) a five (5) foot-hlgh block wall located at or behind the minimum buTlding setback along lJest Street, sald berm to be heavily landscaped to provide screening and sound attenua!lon of the proposed use and said wall to be five (5) feet high as measured 4 thr, highest finished grade level at the base ~f the wall. 5. That any outside Iighti~g shall be directed away from the adiacent residervtial uses and the adjacent freeway trafftc. 6. That any outside loud-speakers shall be direcred away from the ad.Jacent residen[ial uses. 7. That the ~retttioner stipu?ated that the hours of operation shall not extend past 10:00 p.m. 8. That the petitioner stipulated to installing "speed bumps" ln the parking lot aisle tc allevi~te arzy potential speedtng problems within the parking lot. ? fhat the praposed use, as granted, will not adversely affect the aujoining land uses and the growth and development of the area in which lt ls proposed to be tocated. 10. That the size and shape of the site proposed for the use, as aranted, 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 of ~he Citizens of the City of Anafieim. 11. That the Conditional Use Permit, as granted, and under the c.ondltions imposed, wtll not be detrimental to the peace, tiealth, safety and general welfare of the Citizens of the City of Anaheim. 12. That one person appeared at said publtc hearing in opposition; and that no correspondence was recefved in oppos(tion to subJect petit•lon. ENVIRONHENTAL IMPACT REPORT FINDING: That the Anaheim City Planning Commission does hereby recommend to the City Council of the City of Anaheim that a negative declaration from the requirement to prepare an envtronmental impact report be approved for the subJect proJect, pursuant to the provisions of the California Environmental Qualtty Act. HOW, THEREFORE, BE IT RESO WED Yhat the Anaheim City ?1annEag Commtssion does hereby grant, in part. subJect Petition fnr Conditional Use Permit, upon the foilowing conditions which are hereby found to be a necessary prerequlsite to the proposed vse ef the sub.ject property in order to preserve th~ safety and general welfare r~f the Citizens of the Ctty or' knaheim: t, That thls Conditional llse Permit is granted subJect to the compleCion of Reclassificatlon No. 60-67-61, now pending, ~ ~ 2. That any outside lighting shall be directed away `rom the ad)acent residential uses and the adjacent freeway traffic. 3. That any outside loud-speakers shall be directed away from tlie adjacenL residential u5es. 4. That trash storage areas shall be provided in accordance with approved plans ~n file with the Office of the Director of Public Works. 5. That fire hydrants shall be instatled and charged as requEred and determined to be neccssary by the Chtef of the Fire Department prtor to commencement of structural framing, ~ fi. That a letter shall be submitted by the property owner or the authorized agent requesting termination of Variance No. 25~0. 7. That sub_ject property shall be develc~ped su6stantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibtt Nos. 1 and 2; prnvided, however. that a two and one-half (2 1/2) Co three (3} foot high earthen berm sfiall be provided outside (to the west of) a five (5) foot high block wa11 iocated at or behind the minimum building setbac'~ along West Street, sald wall to be f~ve (51 feet hlgh as measured from the highest finished ~rade level at Che base of the wa?1, as stipulated to by the petitioner; that s~ecific landscaping pians shall be submitted for appruval by the Planning Department; and furthermore, Ehat "speed bumps" shall be installed in the parking lot aisle, as stipulated Lo by the petitioner; anc7 that all signing shall be in accordance with Code standards. E. That Condition Nos. 1 and 6~ above-mentioned, shaSl be complied with prior to the commencement ~4 the ac.tivity authortzed under thts resolution, or prior to the time that the b+s??ding permit is issued, or within a period of one year from date hereof, whicheve:r occurs first, or such further ttme as tha Planning Commission or City Council may qrant. 9. ThaC I:onditlon Nos. 2, 3, 4, and 7, above-menttoned, shall be compliE.f with prior to final building and zonim7 inspections. . THE FOREGOpNf, RESOLUTION is signed and approv by me this 20th day of December, 197F, . ~ ~ CHAIR~A~I ANAHEI IT PLANNING CONMISSION ATTEST: ~~-~~-t~~.,JiCJ. ' t~ SECRETARY, ANAHEIM CITY PLANNING COMMISS(ON STATE OF CALIFQRNIA ) CUUNTY OF QRA[dGE )ss. CITY QF AtJAHf.IM ) l,, Patric:fa B. Scanlan, Secretary of the Anaheim City Planning Commission~ do hereby certify that the foregoing resolutlon was passed and adopted at a meetin~ of the Anaheim City Planntng Commisslon~ held on December 20, 1976~ at 1:;4 o.m., by L~ the foliawing vote of the members thereof: AYES: COMMISSIOtYERS: BARNES, FARANO~ KIIJG~ NORLEY, TOLAR, JOHNSOP! NOES: COMMISSIODIERS: HERBST ABSEIJT: ~OMMISSIOPIERS: "lONE I~1 WITNE55 WNERF.OF, I have her~unto set my hand this 20th day of December t97h. ~~f~Z~J ,~g7'~~2sc.~c~s~.~i SECRETARY, ANAHEIM CITY PLANNINP, COMMISSION z