PC 82-173'~`` ~r~.",
RESOLUTION NO. PC82-].73
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITIpN FOR VARIANCE N0. 3288 IIE GRANI'ED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Var.iance from ALBERT BORCHARD & KEbTNETH L. LARSON, 5915 Burchard
Avenue, Los Angeles, California 90034; ROY W. MAHE~, 2651 [+~est Lincoln Avenue,
Anaheim, California 92801, owners, and GFELLER DEVELOPMENT COMPANy~ IN~,~ ATT:
BOB REESE, 22g West Main Street, Tustin, California 92680, agent, of certain
r~al Property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CA_T,IFORNIA, AS SHOWN ON A MAP FILED IN BOOK
169~ PAGE 26 OF PARCEL hIAP6, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
FIHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on August 23, 19g2, at 1:30 p.m,, notice
of said public 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 variance and to
investigate and make findings and recommendations in connection therewith;
said ptablic hearing having been continued to the Planning Commission meeting
of September 20, 1982; and
WHEREAS, ~aid 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 petit.ioner proposes a waiver of the following to
construct a 110-unit mote2:
SECTION 18.48.066.050 - Minimum number of parking spaces
and 18.06.060.0243 (111 spaces required; 77 spaces proposed)
Z• That the above-mentioned waiver is hereby granted on the basis
that the petitioner demonstrated that a hards}~ip exists in tliat parking demand
studies of motel parking in the Disneyland area indicate a certain percentage
of guests arrive by transportation modes other than private vehicle and the
69B of code requirement for parY.ing appears to be adequate.
3• That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to the property or class oE use in the
same vicinity and zone.
q• That the requested variance is necessary ior the preservation '
and enjoyment of a substantial property ri ht '
the same vicinity and zone, and denied to the p opertssed by other property in ;
y in question. i
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PC82-17? ~
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5. That the requested variance will not be materially detrimental
ta the public welfare or injurious to the property or improvements in such
v:icinity and zone in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
EiWIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 110-unit motel with waiver
01: minimum number of parking spaces on a rectangularly-shaped parcel of land
c<>nsisting of approximately 1.43 acre, having a frontage of approximately 250
fe:eL• on the east side of Harbor Houlevard, being located approximately 410
fe:et north of the centerline of Orangewood Avenue and further described as
2(130-2040 South Harbor Boulevard; and does hereby approve the Negative
De~claration from the requirement to prepare an environmental impact report on
tYie basis that there would be no significant individual or cumulative adverse
erivironmental impact due to the approval of this Negative Declaration since
tlxe Anaheim General Plan designates the subject property for commercial
re:creational land uses commensurate with the proposal; that that Initial Study
submitted by the petitioner indicates no significant individiial or cumulative
aclverse environmental impacts; and that the Negative Declaration
substantiating the foregoinq findings is on file in the C±ty of Anaheim
Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Cc•mmission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
pr.oposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner(s) of subject property sha11 pay to the City of
Anaheim a fee, in an amount as determined by the City Council, for
tree planting purposes along Harbor Boulevard.
2. That trash storage areas shall be provided in accordance with
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 framirg.
4. That subject property shall be served by underground utilities.
5. That sidewalks shall be installed along Harbor Houlevard as required
by the City Engineer and in accordance with standard plans and
specifications on file in the office of the City Engineer.
6. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
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PC82-173
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7. That the owner(s) ef subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amount as determined by
the City Council, for commercial buildings prior to the issuance of a
buil.ding permit.
8. That appropriate water assessment fees as d~termined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior
to the issuance of a building permit.
9. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 8.
10. That Condition No. 1, above-mentioned, shall be complied with prior
to the commencement of the activity authorized under this resolution,
or prior to the time that the buildi.ng permit is issued, or within a
period ef one year from date hereof, whichever occurs first, or such
further time as the Planning Commission may grant.
11. That Condition Nos. 2, 4, 5, 6, and 9, above-mentioned, shall be
complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planr_ing Commission 3oes
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should anv such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 20th day of
September, 1982.
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/~ CfiAfRt~lAtd, RNAIi~2td CITY II1G COMMISSION
ATTESI: JL~ ,Q 1~ /
G d~ ~;~,,~,a;
SECRETARY, ANBFiEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution cvas passed and adopted at a
meeting of the Anaheim City Planning Commission held on September 20, 1982, by
the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERSST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NON~'
IN WITNESS ~+IHEREOF, I have hexeunto set my hand this 20th day of
September, 1982. ~ n ~ ~ ~~
dL.(.~k.
SECRETARY, ANAHEIM CITY PLANNING COMMISSI0t7
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