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PC 82-174' ~ ' . .:~..nAdR . , r.:"a'y l'~~', ~ . ~J. ~.. _~ ' ~% RESOLUTION NO. PC82-174 A RESOLUTION OF THE ANAHEIM CITY YLANNING COMMTSSION THAT PETITION FOR VARITiNCE NO. 3289 BE GR2INTED WHEREAS the Anahein City Planni.g Commission did receive a verified Petition for Variance from ROBERT M. & GLORIA H. MILLER, 1530 Soutli Harbor Boulevard, Anaheim, California 92802, owners, of certain real property situated in the City of Anaheim, County of Orange, State of California de~cribed as: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUAP.TER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JAUN CAJON DE SAIdTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE WEST LINE OF TAE SQUTHEAST QUARTRR OF SAID SECTION 22, SOUTH 0° 14' 30" EAST 128.40 FEET FROM THE CENTER OF SAID SECTION 22, SAID CENTER POINT BEING THE INTERSECTION OF THE CENTER LINE OI' CERRITOS AVENUE, FROM THE WEgT, WITH THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION 22, SAID POINT OF BEGINNING B~ING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO ROBERT H. INGRAM, ET AL. RECORDED FEBRUARY 28, 1958 IN BOOK 4213, PAGE 81 OF OFFICIAL RECORDS; THENCE NORTH 89° 56' 00" EAST 660.70 FEET TO THE NORTHEAST CORNER OF SAID ENGRAM I,ANp; THENCE NORTH 0° 15' 00" WEST 85.75 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CARMEN SCAL7,0 ANA WIFE P,ECOFL?ED FEBRUARY I3, 1958 IN BOOK 4194, PAGE 511 O~' OFFICIAL RECORDS; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SCALZO LAND, 660.65 FEET i0 THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 22; THENCE SOUTH 0° 14' 30" EAST ALONG SAID w~~ LINE OF SECTION 22, A DISTANCE OF 85.87 FEET TO THE POINT OF BEGINNING. WIfEREAS, the City Planning Commission did hald a public heariny at the City Hall in the City of Anaheim on August 23, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the grovisions of the Anaheim Municipal Code, Chapter 18.03, to hear and cor,aider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of September 20, 1982; and #02232 PC82-174 °~' ~°, WH~REAg, said Commission, after duP 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 petitioner proposes a waiver of the following to expand an existing motel: SECTIONS 18.48.066.050 - Minimum number of parking spaces and 16.06.060.0243 (125 spaces required; 79 s aces _ P proposed) 2• That the proposed varian~ e is hereby granted on the basis that the petitioner stipulated at the publ..: hearing to eliminate the automobile rental agency. 3. That the above-mentioned waiver is hereby qranted on the basis that the petitioner demonstrated that a hardship exists in that parking demand studies of motel parking in the Disneyland area indicate a certain percentage of guest arrive by transportation modes other than private automobile and that the proposed parking appears to be adequate. 4• 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 of use in the same vicinity and zone. 5• That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity aad zone, and denied to the pr.operty in question. 6• That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. ~• ^_'hat no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing motel with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land co:~sisting of approximately 1.2 acres, having a frontage of approximately 85 feet on the east side of Harbor Aoulevard, being located approximately 780 feet south of the centerline of Manchester Avenue, and further described as 1530 South Harbor Boulevard; and does hereby approve the Negative Declaration from the requirement to prepare an Qnvironmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial recreation land uses commensurate with the proposal; that that Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing Pindings is on file in the City of Anaheim Planning Department. -2- PC62-174 1 : _ . • :~ • ~,,~,~ ~~, NOW, THEREFORE, BE IT RESOLVED that the Anaheim CiLy Planning Commission does hereby grant yubject Petition for Variance, upon the followinq 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 An~heim: 1• That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public 47orks. Z• That the owner(s) of subject property shall pay the traffic signal assessment fee (Grdinance No. 3896), in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 3• That subject property shall be served by underground utilities. 4. That a passenger loading area for buses be provided on-site in accordance with the recommendation of the City Traffic Engineer. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 8; provided, however, that the automobile rental agency shall be eliminated. 6• That Condition Nos. 1, 3, 4 ancl 5, above-mentioned, shall be complied with prior to final building and zoning inspections. 7• That there shall be no on-site automobile rental agency. BE IT FURTIigR RESOLVED that the Anaheim City Planning Coamiission do~s hereby Pind and determine that adoption of this Resolution is expresaly predicated upon applican~~~ compliance with each and all 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 o~ competent jurisdiction, then this Resolution, and any apgrovals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of September, 1982. _11/ ~~'~"~~-` c.U 1 N,~ANAHEIM CITY PLANN G COMMISSION ATTEST: /~ • • ~J{, (0 ~I.C~i , iC . /oFC~~.~ ~ SECRETARY, AN~EIM CITY PLANNING COMMISSION -3- PC82-174 ;;~. ~~ • ~ ~°1 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 was 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, HERBST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONF. ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of Septeatber 20, 1982. ~ ~ • SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC82-174 . . ., . . . .... ... ,.,nc ~Y