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PC 81-176RESOLUTIOtI "l0. PCnI-17~. A R[SOLUTIOF! OF THE A'IAHE1~1 CITY P[.~tlNltlf. C0.'1'115S10:! THAT PETITIOiI FOR lf/1RIFl~ICE r1o. ;2z3 BE GRl1'ITFD, IN PAP.T WHEREAS, the llnaheim City Planning Commission did r~c^ive , verified Petition for Variance from SHIRISH fi. PATEL, ET AL, 1(04 South Harbor Go~.~lr~~ard, ~nah~im, California 92;~(1'L, o~~mers, and V/1"J DOP,PE F~SS^CIATFS, 1;?~1 Orangewocd Avenue, ,;in7, Oran9e, Califcrnia ~2(-.i3, aqent, of certain re~~l property situated in the City of Anaheim, County of Oranye, State of California descrined as: THAT POFTIOt! OF TIiE hlORTHVEST QUARTER OF TF![ SOUTHFAST QUAP.TEk OF SEC710N 2?., IN TO'~lNSFIIP 4 SOLTII, R,~I~1GE t~ 41E~T, SA'J BERPIAP,Di!!0 DASE ANO MERIDIAtI, D[SCRI3ED AS FOLLOIIS: BE61t~~!!!IG AT A POII:T I" THE '~JEST LINE Of TNE SOUTHEAST QUA2TER OF SAID ~[CTI0~1 7_?_, SAID POIP~T DEIrJr, LOCATED G39•2(-, FEET SOUTN o° 1h' s~" EAST FZOM THF CENTER OF SA I D SECTI ON 2?., SA I D CEtJTER PO I tlT 13E I`1G TfiE CENTER L('!E nF CERRITOS AVEPlLE FR~M TIIE WEST WITH THE N~RTFI A"!D SniiTH QUARTF? SECTIOtJ LItJE OF SAID SECTIOW 22; TH[~lCE ~~ORTFI ~O° 5>' 3`~" EAST 660.75 FEET TO A 1-INCiI IR~~i PIPE; AS SN01•!Id Otl /1 HAP OF SUf,tIEY RECORDED ItJ E001: 15, PAGE 4 RECORD OF SURVEYS, i~! TNF OFrICE OF 7HE COU,dTY RFCOR~ER OF SAID COU~aTY; THEPICE SOUTH ,1° lk' '~5" [AST 1(,j,t~0 f GLT ^,LO~+G TH~ S01!TttERLY EY,TE!i5 i ON OF A~!D THC F~.ST L I ~!E OF TNE NORTHtJEST QUAI;TEf; UF THt 'tiu'.Tni;ES7 QUARTF° OF TH[ SOUTHEAST QUA2TER OF SAID SECTIOt! 2?; THE~lCE SOUTN :i^° j5' 3^" ti!EST C.~~,77 FEET TO A POINT IW THE SAID IJ~ST LI~iE OF THE ShUTFiE11ST QUF,RTER OF 5[C71011 22; TIIEr1CE :~O~TH ~~° 1t~~ 3~~~ 41cST 1'","!^ F~~T T~ TI1E P01'IT OF QE~I~;t~lt~r. IJFIEREAS, the City Plar~niny Commission did hold a public heai-ina at the Civic Center in t1~e City of Anaheim on August 10, 13~1, at 1:3^ p.n., notic•~ of said public h~,f;.,~ ti,v~nn he.en duiv ciiven as rectuired hy la~~> >nd in acco~dance with the provisions of the Ana!ieim Municipal Code, Chapter 1:~.^3, to hear and consider evidence for and against said proposed variance and to +nvestigate and maF;e findings and recomnsndations in connection there~•~ith; said public hearing having been continued to the Piannt~9 Commission mceting of Au9ust 24, 1~`il; and 4lfiERE~S, said Commission, after due inspection, investiaation and study nade by itself and in its behalf, and after due consideration of all eviclence and reports offered at said hcaring, does find ar,d determine the following fac*.s: 1, t the petitioner preposes r~aivers of t'~e follo~•iing to expand an existing motel: (A) SECTIOi! 13,QG.Ob0.021~3 - Mlnimum number of ~+arl<inq spaces. 55 spaces required; 3~1 spaces proposed) (3) SFCTIOi; 13.0;,093.~21 - hlaximum numher of freestanding sinns. 1 freestandin9 si9n permitted; ? reest~ndino si~ns ~rn~osed) ~C) 5EC7tOt! ~~.u;.(193.023 - Permitted location of fraest~ndinu signs. (36 feet from nort~ property line required; 0 feet pro~osed) PCf3'-17E ~D) S[CTION '~.05.0'?3.0?_31 -~linimur~ distancc bet~~~e::n frecstandinq siqns. (3~?~ feet required; 3~~ feet proposed) 2. That the above-mentione<1 t•iaiver (,A) is hc~'~hy yrantecl, in part, on the basis ti~at the petitionr_r stipulated at the p~;hlic hearinn to providing not less than 67.G of thc required parl;ing spaces (3% spa ~ for the pmposed expansion); and that the waiver is nereby 9ranted on the basis th~_c a certain p^rcentage of guests arrive by transportation modr; o*_her than privnte automohile. 3. That the above-mentioned ~:iaivcrs ([3), (C)and (D) are herehy granted on the basis that the specific parcel on i~~hicn the motel is located does not have street frontage on Harbor Bouievard and tliereforc, any street oriented si9ns must be located off-site on an other~iise developed ~~arcel; and that the ;-~aivers are hereby 9ranted on the basis of tFie size and ;hape of the property. 4. That there are exceptional or er,traordinary circumstanccs or conditions appllcable to the property involved or to the intended use of the property that do not app!y generally [o the property or class of use in the sane vicinity and zone. 5. That the reyuested variance, as nranted, is necrssary for the preservation and enjoyment of a suhstant~al oroperty right oossessed hy other pronerty in thc samc vicinity and zonc, and denied to t'ie properfy in ouestion. ~~. That tne requested variance, as nrant~d, ~~il) no[ bc materially detrimental to the pui,lic ~:ielfare or injurio~:s to the property or inorovements in such vicinity and zon~ in t~hich the pr~oertv is incated. 7. That no one indieated their ;,re~sence at said ?ublic hearing in ~pposition; and that no correspondence ~::as receiv~d in onoositi~n t~ the subject petition, ENVIRn~~rfENTAL II1?ACT FItJDIlIG: That the Ma~~ein Cit~~ Plannin~ (.ommisslon has r~+V ir~t~rr(i thP nrnryqcn 1 rn nnrmi r rtin ..v~,.,c i r,.. .,f . ..1 y.~t .~. , nr~. ,.F minimurn numh~.P Or park~in9 snaces, naximum nur~hc`f of1 freestandi~g siqn5, Pef1T11ttP.d location of freestanding signs and minimum distance het~•~een freestandino signs on a rectangularly-shaped parcel of land consisting of approrimately 1.21i acres, and naving a frontage of 90 feet on tlie east sidP of Harbor doulevard (1~~4 South Harbor Doulevard); a~d does herehy approve the ~7e~ative ~eclaration fron the requirement to prepare an ~nvironmental impact report on the I:asis that there a~ould be ~o significant individual or cumulative adverse environmental in~~act rlue to the approval of thls Negative Declaration since C`~e Anaheim General Plan desinnates the subject property for co~xnercial recreation land uses conmensurate ~•~ith the ~roposal; that no sensitive environmental impacts are involved 1n tlie uroposal; that the Initial Study su~mitted Ly the pecitioner indicates no si9nificant individual or cumulati~e adverse environmental impacts; and that the Neqative Declaration substantiatina the foreyoing findings is on file in the City of Anahein Planninq Deoarte+ert. tlOlJ, THEREFi~RE, BE IT RfSOLVED th~t t:~e Anaheim l.ity Planning Commission does hereby grant subject ictition for ~/ariance, upon the folla~;in~ conditions o-~iiich are hereby found to be a necessary prere~uisite to [he proposed use of the subject pro~erty in orcler to pr;•serv,^_ the ~afet'y ind ~ener,il ~velfare of the Citizrns of the C i ty of Analie ir~: -7" PC81-17b 1. That Crash storagr areas shall be provide~ in accordance ~:rith approved plans on file ~~rith the UfFice of tiie Executive Dirr..ctor of f'ubiic IJork.s. 2, ThaC fire hydrants s'iall be installed and charged as required and deter~iined to be n^cessary by t~ie Chief of the Fire Department prior to commencement of structural framing. 3. That the ormer(s) of suhiect property shall pay t~ the City of Anaheim a fee, in an amaunt as deternined i~y the City Council, for street liyhting along blaruor Boulevard. 4. That the o~~mer(s) of suhject property shall pay the traffic sianal ass~ssment fee (Ordinance tdo. 3396) in ar amount as determined by the City Council, for commercial buildings pr(or to the issuance of a building ~ermit. 5. That this Variance is grar,ted subjer_t to the corypletion of Recl3ssification Plo. 66-67-oi, no~r pending. G. ThaC subject property shall be cieveloped substantinily in accordance with plans and specificatio~~s on file i•~ith the City of Anaheim marked [xhtbit fdos. t and 2, as revised, to provide additior~l parking totalling not less than (7:0 of the number of spaces required by Code. The revised p)ans shall be submitte~! to the Planning Department for app;•ovai, I:itchen eificiency units may be installed in no more tFan 25% of the units, t•~ith a maximum of G-cubic foot refrigerators; t~~o-hurner stoves, excluding oven and bal<ing facilities; and sinc~le compartment sinE:s; except tnat the manager's unit ~•~ill be allo~ved to have full kitchen facilities. 7. That Condition ~lo. 3, abov~-rnentioned, shall he complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the buildin~ permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 3. That Condition tdos. 1 and 6, above-mention~d, shall he complied o-~ith prior to final buildiny and zoning inspectio~s. QE IT FURi'HER RESOLVED that the Anaheim City Plannin~ Commissio~ does hereby find and determina that the adoption GT this Reso~ution is expressly predicated upon applicant's co~~pliance ~•~ith each and all of the conditions here~nabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable hy the final judgment of any court of conpetenY jurisdic~ion, tlien this Resolution, and any approvals herein contained, shall bP deemed nuli and void, THE FORFGOING RESOLUTIOPI is signed and anproveci by me this 24th day of August9 19$1. ATTEST: ///~ ~~ ~ lJL~I~ ~ . ~CT~~ARY, At~AHEIM C;TY PLAMNI G^CO~dMI5SI0~d ~~ ~~j H. RM M .0 TEHPORE ~ i NNANE IM C ITY PLAMN I"JG CQfF4^f(SS I ON -~- PCB1-17E STAT[ 0~ CFlL I FORPJ IA ) COUNTY OF ORF,NGf_ ) ss. CITY UF ANAHL-IM ) I, Edit!-i (_. Harris, Secretary of the Anaheim City Plarnfng Commission, do hereby certify that the foregoing resolution t•~as passed and adopted at a meeting of the Anaheim City Planning Commission heid on August 24, 19^ul, at 1:3~ p.m., by the folloi~~ing vote of the members thereof: AYES: COMMISSIONERS: 6ARNE5, BOUAS, FRY, HERBST, KING, T~LAR NOES: COMMISSIONERS: NOWE ABSENT: COF1MlSSIONERS: BUSHOP,t IP! WITtJE55 41NEREOF, I have hereunto set my hand this 2f~th day of Au~ust, 19~1. ~i~ ~1 ~~~~ SECRETA'Y, ANAHE I M C ITY PL/1MP! I ~If COHM I SS I OM -h- PCS1-17~