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PC 79-102RESOLUTION N0. PC79-1o2 A RESOLUTION OF THE ANANEIM CITY PLANNING COH.'tI5510t~ 7f1AT PETITI0~1 FOR CONDITIONAL USE PERM~T N0. 19E2 BE fRANTED 6fHEREAS~ the Anahcim City Pianning Cammission did receive a vertficd Petitlon for Conditional Use Pernit from PETE BIILEY~ WILIIAH P. OP,AGI~NZA AND DOUGLAS E. JOIIES, 2629 Harbor Boutevard. Cosca Mcsa, California 92526, ormers. of certain real propcrty situated In the City of Anaheim, County of Oranar_. State of California, described as: THAT PORTIQH 0~ THE SOUTHEAST QIIARTER OF THE SOU?HEAST QUARTER OF THE ~IOP.THUEST QUl~RTER OF SECTIO~I 27. TOUtISHIP 4 SaUTH~ RAtIGE 10 WEST, IN THE RA`7CH0 SAN JUAt1 CAJON DE Sft~JTA A!~h. CITY Of AHRHEIH~ COUtITY OF OP,At1GE, STATE OF CAIiFOR-11A, AS SA10 SECT1~11 IS SNOW'I 0-1 A MAP RECOROED ifJ BOOY. 51 PAGE 10 OF MIStELLANE0U5 MAPS. IN TNE OFFICE OF THE COUNTY RECORDER OF SAID COUN7Y, DESCRIBED AS FOLL011S: BEGINIIING AT THE SOUTfIEAST CORt~ER OF SAID t~OP,7H'~tE57 QUARTER, SAID POINT 9EItIG THE ItITER5EC7t0t! OF Tt1E CENTER LINE OF NARBOR BOULEVARD AI~D ORANGfN000 AYE~JUE; TNENCE ALONG TNE SOUTHE4LY LINE OF SAID HORTNUEST QUARTEP, n-~o THE CENTER LI~~E 0~ SAID ORA!~GEI:OOD AVEr1UE~ SOUTti 89° 43' 23" WEST 666.85 FEET 70 TNE NESTERLY LINE OF SAIO SOUTHEAST QUARTER OF THE SOU711EAST QUARTER OF THE NORTFi1JE5T QUA~TER, THENLE ALONG SAID WESTEP,LY LIIIE, t70RTH 1~ 13' Q8" uES7 353.05 FEET. TO A LINE PARALLEL u1TN AND DISTANT 353•05 fEET NORTHERLY NEASURED AT RIGNT ANGLES FROM SA10 LENTER LINE OF ORAHGEbJ00D AVENUE. SAID POINT BEIN~, Tf~E TRUE POINT OF BEGINtIING; THEtiLE ALOpG SAID PARALLEL LINE NOR7H 89° 43' 23" EAST 265.07 FEET. TO A LINE PARALLEI WITH AND DISTANT 2E5•07 FEET EASTERLY. FRON SAID VESTERLY LINE; TNENCE ALON; SA10 PARALLEI LI~IE 170RTH 1° 13' Q9" VEST 106.00 FEET; THENCE PARALLEL VITH SA10 LENTER LIt1E OF ORANGELIOOD AVE~~UE NORTH 3a~ 43' 23" EAST 400.72 FEET TO SA10 CEN7ER L~t~E OF HARIiOR BOULEVARD; TNENLE ALON, SAID CENTER LiNE NORTH 1 21' 07'~ WEST 200.93 FEET TO TME NORTH L111E OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TNE NORTHLIEST QUARTER; THENLE SOU7H 89° 43~ 37" uEST 66$.32 PEET ALONG THE NORTH LINE OF SA~D SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHUEST QUARTER TO THE NORTHIIEST CORNER THEREOF; THEI~CE ALONG SAID 1JESTERLY LIlIE. SOUTH 1° 13' 08" EAST 3G6.97 fEET T6 THE POINT Of BEGINNINr,, EXLEPT AttY PORTIOl1 TNEREOF 11HICf1 IS NOT II~CLUDED WITHIN 7HE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NOR7HWE57 QUARTER OF SECTION 27. TOHNSHIP 4 SOUTtt~ RANCE 10 WE57~ AS SAID SECTION VOULD BE DEVELOPED FROH A CENTER AS DESCRIBED IN CASE N0. 40410 IN TNE SUPERIOR COURT OF ORANGE COUNTY~ CALIFORNIA, A LEAT~FIED COPY OF THE DECREE WAS RECORDED AUGUST 1, 1943 IN BOOK 1208 PAGE 287, OFFICIAL RECORDS~ A4D IN CASE N0. 41055 IN THE SUPERIQR COURT OF ORANGE LOUNTY, LALIFORNIA~ A C~RTIFIED COPY OF THE DECREE WAS RECOROED FEBRUARY 14. 1951 It~ BOOK 2144 PACE 114~ OFfICiAL RECORDS. SAID CENTER BEING SHOWN ON A MAP fILED IN BOOK PC 79-102 24 PAGE 22 OF RECORD OF SURVEYS~ IN TIiE OFFICE OF 7HE COUNTY RECOROER OF SAID COUNTY. AL50 EXCEPT TIiAT PORTIOtJ DESCRIBED AS FOLLOHS: BEGINNING A7 7HE 50~711EAST COFINER OF SAI D NORTHWE57 QUAR?ER, SAI D POI IIT BE 111G TIiE INTERSEC710N OF THE CENTEP, IINE OF MARBOR BOULEVARD AND ORANGEw00D AVEIIUE; 7HENCE AIONG T11E SOUTHER~Y LINE OF SAID NORTffilEST QUAR7ER AND Tf1E CENTER LINE OF SAID ORAIIGEN00D AVENUE, SOUTH 89~ k3' 23'~ WEST 666.85 FEET 70 THE WESTERLY LINE OF SAID SOUTFtEAST QUAR7ER OF TIIE SOUTHEAST QUARTER OF 7HE NOR7tINE57 QUAtt7ER; TFIEHCE ALONG SAI D UESTERLY Lit1E. NORTH 1~ 13~ O8" WEST 353.05 FEET TO A L{NE PARALLEL WITH AND DISTANT 353•~5 FEET HORTIiERLY MEASUfiED A7 RIGIIT At~GlES FROM SAID GEUTER LIIIE OF OR/1UGEU00D AVENUE, 7HENCE ALONG SAID PARALLEL LIIIE NORTH 39~ 43' 23" EA57 83.00 FEE7 TO POINT 01~ A LIHE PARALLEL u1T11 AND OISTANT 33.~ FEET EA57ERLY~ fROM SA10 ~IES7ERLY LINE AtID 7HE TRUE POINT OF BEGIIIt11~IG; 7NENLE ALOIIG SAID PARALL£L LI~IE NORTH O1° 13' 08" WEST 131,97 FEE7; Tf1EUCE PARALLEL HiTN SAID CENTER IINE OF ORANGENOOD AVENUE uoa7ti 89° 43' 23" EAST Sd2.13 FEET TO SAID CENTER LINE Of HARBOR BOULEVARD; 7NENCE ALONf SAID CEN7ER LIt~E SOUTN ol° 21' 07" EAST 25.97 FEET 70 T-iE MOST EASTERLY SOUTtfEAST CORNER OF THE LA1~D DESCRIBEQ IN A DEED TO WILLIAM P. OP.ACJSIIZA AND DOUGLAS E. JONES RECORCED IN BOOK 12548 PAGE 1429 OF OFFICIAL RECORUS; THENCE Ao011G~THE~BUE57n400 J2 FEE7. tAliD Qf Q4tAGA!1Zh Au0 JOt1E5 SOU7N ~9 43 z3 SOUTH O1° 13' 08" El~ST lOG.00 F~ET AHD SOUTH 39° 4J' 23" ~lEST 182.07 FEET TO ?HE TRUE POINT OF BEGINIiItIG. uIIEREAS. thc City Planning Comeission did hold a p~oticceaofn9saidthP~C;iC Hall in the City of A~aheim on May Z1. 1979. a[ 1:30 p.m.. hearing having been duly given as required by law and Tn accordance wTth the provisio~s of the Anaheim Municipal Code. ChapCer 18.03. to hear and consider evidence for and aqainst said proposed conditional use and to investigate and make ftndings and recorn~endations in connection cherewTth; and LIHEREAS. said Commission~ after due inspection, investigation and study mad~ by Itseif and i~ its behalf, and after due consideration oF all evidence and reports offered at said hearing~ docs find and de[ermine the folloNing facis: 1, That the proposed use is properly o~e for which a conditlonal use pertni[ is au[hor(zed by Maheim Municipal Code Section 18.~1+.050.16Q [o wit: to pertni't a 213 unit motel with related accessory uses and waiver of: SECTION 18.06.060 - Minirtrn. nunber of arkina s aces. 239 requ red; 155 proposeo 2, That the proposed use is here4y granted subJect to the petitionfrom stipulatio~ at che public hearing to relocate the trash enclosure area(s) a~raY the west property line Hhich is adjace~t to single-family residential uses. 3, That thc requestcd Naivcr is hereby gra~ted on the 6asTs that many guests will arrive vta a tra~sportation modc other than private automobile and that dcnial would de~rive subject f+~opcrty a privilege being enJoyed by other properties under identical zoning classification i~ the vicinity. -2- PC79-1o2 i 4. That the proposed use wtll not adversely affect thc adJoining land uses and the yrowth ar.d development of the area ln which it is propased to be located, S. That the size and shapc of the site proposed for the use ts adequate to allow the full development of the proposed use tn a manner not detrimental to the particular area nor to the peace~ health, safety, and general welfare of the Cltizens of the Clty of Anaheim. 6, That the granting of the Conditional Use Permit under the conditlons imposed~ if any, wlll not be detrimental to the peace, health, safety and general welfare of the Cittzens of the City of Anahetm. 7. That no one indicated thetr presence at said public hearing in opposition; and that no correspondence was received tn opposition to the subject petition. ENVIROIJMENTAL lMPAL7 FINDIHG: That the Anaheim City Planning Commission has reviewed [he proposal to permit a 213-unit motel with related accessory uses with a walver of minimum number of parking spaces on an irregularly-shaped p~rcel of land cons(stTng of approximately 3.5 acres having a frontage of approximately 175 feet on the west side of Harbor Boulevard, having a maximum depth of approxtmately 605 feet~ and being located approximately 485 feet nor[h of the centerline of Oranyewood Avenue; and does hereby approve the Negative Declaration from the requirement [o prepare an environmental impact report on [he basis that there would be na si9nificant individual or cumulative adv~rse environmer:[ai impact due to the approval of ihis Negattve Declaration since the Anaheim General Plan designates the subjecf property for commerical recreation~and uses cortmensurate wfth the proposal; [ha[ no sensitive environmental impacts are involved fn the proposal; ihat the Initial Study submitted by the petitianer indlcates no slgnificant indivtdual or cumulative adverse envir~nmental impac[s; and that the Negatlve Declaration subs[antiating 4he foregoing ftndi~gs is on file in the City of Anaheim Planning Depar[ment. NOW, THEREFORE, BE IT RESOLVED that the Anahcim City Plann)ng Commission does hereby grant subject Petltion for Londltional Use PermTt, upor, the following conditions which are hereby found to be a necessary prerequisite co ihe p~oposed use of ttie subject aroperty fn order to preserve the safety a~d generai weifare of the Citizens of the City of Anaheim: 1. That trash storage arcas shall be provided in accordance with approved plans on file with the Office of the Director of Publtc Norks~ and that the trash enclosures shait not be located adJacent to the west property line which separates subject property from residentlai uses. 2. That fire hydrants shall be fnst,.~lled and charged as required and datermined to be necessary by the Chtef of the Fire Department prior to cortmencement of structurat framing. 3. That subject property shall be served by underground utllities. 4. That drainage of subJect property shail be disposed of in a manner satisfactory to the City Engineer. -3- PC7q-1o2 ~ `~ ,r 5, That a perpetual easement agreement with the owner of the property to the south shail provide for adequate circulation of trash trucks from one parcel to the other; that satd agreement shall be submitted to the City Attorney's Office for review and approval, and then be filed and recorded in the Office of the Orange County Recorder. 6, That appropriate water assessment fecs as determined by the Direct~r of Public Utilittes shall be paid to the Lity of Anahetm prior to the i<_suance of a butlding permit. 7, That a perpetual mu[ual parking agreement with the owner of both propertles to the south shall be submitted to the City Attorney's Office for review and approval, and then be filed and recorded in the Office of the Orange County Recorder. $, That the owner(s) of subject property shall pay the traffic stgnal assessment fee (Ordinance No. 3a9b) in an amount as determined by the City Counctl~ for each new motel unit prTor [o the lssuance of a buitding permit. 9, That subJe~t property shall be developed substantially in accordance with plans and speclfica[tons on file with the Clty of Anahelm marked Exhibit Nos. i thrqugh 4; prevlded, tirn,~ever, that kitchen efficiency units rrith a maximum of 6-cubtc foot refrigerators. two-burner stoves excluding oven and baking facilit~as, and single compartment sinks may be installed, except that the manager's unit will be allowed to have full kitchen facllitles. 10. That the proposed motel shall comply with all siyning requirements of the CL (Commerciai~ Limited) Zone. 11, That Condition Nos. 5 and 7, above-mentioned, shaSl be complied w(th prior to the cortmencement of the activity au;h~rizec! under th{s resolution, or prior to the time that Che building permit (s issued, or wlthin a period of one year from date hereof. whichever occurs first, or such further time as the Ptanning Commission may arant. ~2, That Conditlon Nos. 1, 3. 4~na 9. above-mentioned, shall be complied with prior to final building and zonir~g inspections. SE IT FURTHER RESOLVE~ that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon appticant's canpliance with each and all of the conditions hereinabove set forth. Should any such conditlon, or any part thereof, bc declared tnvalid or unenforceabie by the finai Judgment of any court of competent Jurisdictlon, then this Resolution, and any appr~vals herein contained, shall be deemed null and void. 7HE FOREGOING RESOLU710N Is signed and approved by me thts 21st day of May, ~979. ~ ~`,_ ~ ~~ M NiNG OMMIS ON ATTEST: ~~~f~~ SECRETARY~ ANAHEIH CITY PLAtiNING CONMISSION -~- PC79-to2 . r ~ ' l , ! STATE OF CALIfORNiA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Gommission, do hereby certlfy that the foregoing resolutlon Nas passed and adopted at a meetln9 of the Anaheim Clty Planning Commission held on May 21~ 1979. by the following vote of the members thereof: AYES: COMt115SI0NERS: BARNES. BUSHORE~ DAVID, HERBST, JOH1aSON~ KING, TOLAR NOES: COMMISSIONERS: IJONE ABSENT: COMMISSIONERS: NONE IN 411TNE55 WHEREOF. I have hereunto se[ my hand this 21st day of May, 1979. ~~-L~i. d • ~1/t1.~tn~..s.. SECRETARY, ANAHEIM CITY PLANt~1NG COMHISSION -5- Pc79-~o2