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PC 80-28RES~LUTIOFI N0. PC 3~-7~ A kE50LUT I O~f OF THF. AtiAfIE i"1 C I TY PLP.PIN I PIG CO!1ry I SS I Q~l TtIAT PETITIO~J FOR V/1RIA!JCE H0, 3133 [3E GR.~~ITED WtfEREl1S, the Anaheim City Planntng Commissi~n did receive a verTfied Petition for Variance from CHHOTU3NIA HADHAV[iHAI PFlTEL, 13?_( South blest Street, Anaheim, California 92302, owner of certain real pro~erty situated in the CPty of Anaheim, County of Orange, State of California, describecl as: The East 300 feet of Lot 1, Tract 2354, as per nap recorded in Book 90, Pages 39 and 40 of tlisceilaneous t4aps in the Office of the County Recorder of said County. Except the tlorth 9F,C feet thereof. Also except that portion thereof lying south of a line Paraliel ~~ith and 210 feet ~lorth of the South line of the Southeast Quarter of Sec:tion 21,Toamship 4 South, Range 1~ l•/est,in the Rancho San Juan Cajon dc Santa An~, WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anahei~, on February 11, 1920, at 1:3^ R.~., notice oF said public hearing having been duly given as required by law and in acccrdance a~ith the provisions of the Anaheim Municipal Code, Chapter 18.n;, to hear and consider evidence for and against said proposed variance and to investioate and make findings and recommendatlons in connection there~•~ith; and WfIE'tEAS, said Commission, after due inspection; investigation and study made by itself and in its 5ehalf, and after due consideratton of all evidence and reports offered at said hearing, does find and determine thc follo~~~;ng facts: 1. That r~~ pct;~fcrer propuses a~•taiver of the following to expand an existing motel: SECTIOt~; 18,p6.060.02-+3 and 13,48,p66 -!•flnimum number of parkinq spaces. 3~ required; Z3 proposed) Z. That the proposed wa(ver is hereby granted on the basis that in the ce^~merclal recreational area near Disneyland, a cer~ain perceniage of customers arrive by transportation modes other than private automobiles and, therefore, less on-site motel parkEny is reeded; and that denial arould deprive subject property of a prlvilege being enjoyed by cther properties in the same zone and vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicable [o the property involved or to the intended use nf thc property that do not apply genera))y to the properCy or class of use ir the sar~e vicinity and zone. ~~. That the requested variance is necessary for the preservatinn and enjoyment of a su6stantial propt:rty righ: possessed by other nroperty in the sane vicinity and zcne, and d~nied to the property tn question. FC30-23 5. That the requested variance ~•~ill not be materially detrimental to the puElic a~elfare or injurious to the prope~ty or imprevements in such vicinlty and zone in which the property is located. 6• That no one inciicated their presence at said public hearing in opposition; and that no correspondence ~~as received in opposition to the subje•Y petition. reviewed thelpro'pos'aaLtotiexpand'an1existtngtmotelA~ithlwaiver ofanminimummmnumber hof parktng spaces on a rectangularly-shaped parcel of land consisting of approximately 0.6 acre having a frontage of approximately 37 feet on the west side of 41est Street~havtng a naximum depth of approximately 300 feet, and being located approximately 210 feet north of the center)ine of Katella Avenue; and does hereby approve the Plegative Declaration from the requirertu=nt to prepare an P~vi~onnental tmpact report on the basis that there 1•rould be no significant individual or cumulative adverse environmental impact due to [he approval of this PJegative Declaration since the Anaheim Ganeral P1an designates the sub,ject property for conmerciai-recreational land uses conmensurate ~•~ith the proposal; that no sensitive environmental impacts are involved in the propo,al; that the Initial Study submitted by the pet(tioner indicates no stgnificant inJividual or cumulative adverse environmenta) impacts; and tha[ the `legative Declaratfon substantiating the foregoing findings is on file in thc City of Anaheim Planning Department. PlOW, TN"cREFORE, QE iT RESOLVED that tl~e .4naheim City Planninn Commission does Fereby grant subj~~t Petition for Variance, upon the folloaling conditlons which are hereby found to be a necessar~~ prerequisite to Lhe proposed use of the subject property in order to preserve the safety and general v+~lfare of the Citizens of the City of Anaheim: 1. That street lighting facilities along West Strect shall be instal)ed as required by ihe Office of Utilities ;eneral Manager, and in accordance with sp..ifications on file in the Office of Utilities General ?lanage~; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount an~ form satisfactory to the City of Anaheim shal) be posted ~•rtth the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 2. That the owner(s) of subject property shall submit a letter requesting the terminatlon of Variance PJo. 8'~ io the P)anning Department. plans on file Tith thea0fficerofethecExecutiveyDi~ectoreofiPublicrWorks,4J1th approved !~. That subject property shall be developed substantially in accordance with plans and specifications on file ~itth the City of Anahei~ marked Exhibit t~os. 1 through 4; providcd, ho~aever, that kitclien efficiency units rnay be installed in no more than 25ti of the units, with a maximum of 6-cubtc foot refrigerators; two-burner stoves excluding oven and baking fccil:ties; and single compartnent sin~:s; except that the manager's unit a~ill be a11oa~Nd to have full kitchen f~cilities. 5. That Condition ~~o, 2, above-menttoned~ sfiali he co~plied with prior to the comn~ncement of the activlty authorized under this resolution~ or prtor to the time that the building permit is issued, or within a period of one ycar from date -2- PCaO-23 e hercof, whichever occurs first, or such furtlier time as the Planning Commission may grant. 6• That C~ndition Nos. 1, 3 and 4, above-mentioned, shall be complied with prior to final building and zonin3 inspections. DE !T FURTHER RESOLVED that the Anaheim Ctty Planning Commission does hereby find and determine that adoption of this Reso3ution is expressly predicated upon applicant's compliance with each and a11 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 Resolutlon, and any approvals herein contained, shall be deemed null and void. IN lJl?plESS WF~EREOF, I have hereunto set my hand this llth day of February, 1980. ATTEST: `~"~. ~_° ~~ . SECRETARY, A~JAHE I M C ITY PLAhJM 1 MG COM'1 I SS I OM STATE OF CALIFORNIA ) COU~~TY OF ORANGE ) ss. C I TY OF APIAHE I M ) ~, Edith L. Harris, Secretary of the Anaheim City i'lanr.ing Commission, do hereby certify that the foregoir.g resolution was passed and adopted at a meeting of the Anaheim Cit,v P'.nning ~ommission held on February ;1, in30, by the foltowing vote of the members tiiereof: AYES: COMMISSIONERS: BAR?lES~ BUSHORE, DAVID, FRY, HEP,3ST, Y.ING, TOLAR NOES: COMMISSIOPlERS: NOtJE ABSEPIT: CQMMISSI01•IERS: FJOIdE IN blITP~ESS 4/htEREOF, I have hereunto set my hand this 11th day of February, 1980. `~~~. ~.° ,~ll~•~:.~ SECRETARY, ANAHEIM CITY PLAP~PaIMG C0~IMISSION D ~, CHAIRYIOM P, AN lElhi CITY PLqplF~~p~~ ~- pMM~gS~ON -3- Pc8n-28