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PC 82-150~or RESOLUTION NO. PC82-150 A RESOLUTZON OF :HE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITT7NAL USE PERMIT N0. 2355 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Pe~ition for Conditional Use Permit from ALFRED D. PAINO, ET AL., 774 Lowry, Orange~ California 92669, KIM SHIK & MYUNG SHIK YUN, 735 South Beach Boulevard, Anaheim, Ca]ifornia 92804, owners, and ULYSSES E• BAUER, 17390 Mc A1lister, Riverside, California 92503, agent, of certain real property situated in the City of Anaheim, County of Orange, St_ate of California, described as: PARCEL 3 OF PARCEL MAP NO. 79-275 AS PER MAP FILED IN BOOK 154~ PAGES 47 AND 48 OF PARCEL MAPS IN THE MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, CALIFORNIA. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 P1EST, IN THE RANCHO LOS COYOT~S, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2. I~S SAOWN ON A MRP FILED IN BOOK 154, PAGES 47 AND 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDEfi OF ORANGE COUNTY, CALIFORNIA AIHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on July z5, 1982, at 1:30 p.n., notice of said p~lic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use per.mit and to tnvestigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of August 9, 1982; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.160 and 16.44.050.010 to wit: to permit a 101-unit motel and restaurant with on-sale alcoholic beverages in the CL (Commercial, Limited) zone with waiver of: SECTIONS 18.06.060.0231, 18.06.060.0243 - Minimum number of and 18. 44.066.050 parking spaces-(113 spaces required; 97 spaces proposed) PC82-150 r~ /~ 2. That the proposed use is hereby granted subject to the petitioner's stipulation at the public hearing to provide a six (6) foot high block wall located ten (10) feet £rom the westerly property line along Hayward Street. 3. That the requested waiver is hereby granted on the basis that denial would deprive subject property of privileges enjoyed by other property in the same zone and vicinity in that waivers have been qranted on the basis that a certain percentage of guests arrive by transportation modes other than private automobile; and on the basis that the petit_ioner provided information at the public hearing that the average use of the parking spaces is 718. 4. That the proposed use will not adversely affect the adjoining land u~es and the growth and development of the area in which it is propased to be located. 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the pr_oposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Cit+.zens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, ~afety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not inpose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That five persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IFII~ACT FINDiNG: That the 1~naheiat City Fianning Commission has reviewed the proposal to permit a 101-unit motel and reataurant with on-sale alcoholic beverages in the CL (Commercial, Limited) zone and with waiver of the minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 1.25 acre, having a frontage of approximately 140 feet on the west side of Seach Boulevard, and further described as 727 South Beach Boulevard; and does hereby approve the Negative Declaration from the requirement to prepare an individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land use~ commensurates with the proposal; that no sensitive environmental impacts are involved in the proposalj that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmer~al impacts; and that t:he Negative Declaration substantiating the foregoing findinqs is on file in the City of Anaheim Planning Department. -2 PC82-150 I•n _.. _.., ' _....._ ..,..: .. ,.. ,~ ' _ ... _._. NOW, THEREFORE, BE IT RESOLt7ED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: l. That street lighting facilities along Beach Boulevard ahall be installed as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; and rhat security in the form of a bond, certificate of deposit, letY.er of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guar.antee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City prior to approval of building permits. The above-required improvements shall be installed prior to occupancy. 2• That trash storage areas shall be provided in accordance witli approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subjer_t propert}• shall be served by underground utilities. 5. That drainage of S~ject property shall be disposed of in a manner satisfac;:ory to the City Engineer. 6. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each commercial bu.ildings pri~r *o t_he issuance of a building permit. 7• That the owner(s) of subject property shall submit a letter requesting termination of Variance No. 1874 to the Planning Department. 8• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhi.bit Nos. 1 through 3, provided, however, that a six (6) foot high block wall shall be constructed ten (10) feet from the wes}erly property line along Hayward Street. 9. That Condition Nos. 1 and 7, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, ~rhichever occurs first. or such further time as the Planning Commission may grant. 10• That Condition NQS. 2, 4, 5, and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. -3- PC82-150 v _ ._ _._.. . ~ :.:.. ..._.:.. . . „ ... . .. .. _ a,.. ,: ~~, . , BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that ado~tion of this Resolut-ion is expressly predicated upon appliaant's complia•~ce with each and all of the conditions , hereinabove ~et forth. Should any such conditions, or any part thereof, be ~ , declared invalid or unenforceable by the °inal judgment of any court of I competent jurisdiction, then this Resolution, and any approvals herein ~ contained, shall be deemed null and void. i THE FOREGOING RESOLUTION is signed and approved by me this 9th day of August, 1982. .,G%~ ~''•'^"f C I N, ANAHEIM CITY P iING CONAIISSION },TTEST: ~R~ ~ %~~LI~I~.~t~ SECRETARY, p,NAHE2M CITY PLANNING COl~P22SSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CZTY OF ANAHE:CM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 9, 1982, by the following vote of the members thereof: A7CES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSEF~T: COMMISSIONERS: NONE TN WITNESS WHEREOF, I have hereunto set my hand this 9th day of August, 1982. ~ a~.~r `i /~ • FKl A w ~v SECRETARY, ANAHEIM CITY PLANNING COI~4IISSION -4- PC82-150