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RESOLUTION NO. PC82-175
A RESOLUTION OF TIIE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3290 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from ZABY'S RIP VAN WINKLE, INC., 301 West Katella
Avenue, Anaheim, California 92802, owner, of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LOTS 1 AND 2 OF TRACT NO. 3330, IN THE CITY OF AtdAHE2M,
COUNTY OF ORANGE, STATE OF CALIFORCTTA, AS PER MAP
RECORDED IN BOOK 113 PAGES 21 AND 22 OF MISCELLANEOUS
MAP3, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing 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 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 public hearing having been continued to the Planning Commission meeting
of September 20, 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 of£ere@ at said hearing, does find and determine the
following facts:
1. That the petitioner proposes waivers of the following to expand
an existitZg iuotel:
SECTIONS 18.44.066.050 - Minimum number of parking spaces
and 18.06.060.0243 (81 spaces required; 72 spaces proposed)
2. That the above-mentioned waiver is hereby granted 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 guests arrive by transportation modes other than private vehicle; that the
requested waiver is minimal and that the proposed parking amounting to 89$ of
requirement 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 ta the property or class of use in the
same vicinity and zone.
4. That the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by otlzer property in
the same vicinity and zone, and denied to the property in question.
#02242 PC82-175
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5. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property or improvement; in such
vicinity 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.
ENVIRONMENTAL IMPACT FINDING: That tne 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
consisting of approxinately 1.4 acres located at the northwest corner of
Katella Avenue and Clementine Street, and further described as 301 West
Katella Avenue; and does hereby anprove the Negative Declaration from the
requirement to prepare an environmental 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 pr~posal; tRat that Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the Ci.ty of Anaheim Planning Department.
NOW, THEREEORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed u.e of the subject property in order to preserve the safety and
general weifare of the Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall (a) deed to the City of
Anaheim a strip of land 45 feet in width from the centerline of the
street along Clementine Street for street widening purposes.
2. That street lighting facilities along Katella Avenue and Clementine
Street shall be installed as required by the Office of Utilities
General Manager, and in accordance with specifications on file in the
Office of the Office of Utilities General Manager and/or that
security in the form of a bond, certificate of deposit, letter of
credit or cash, in an amount and form satisfactory to the City of
Anaheim shall be posted with the City to guarantee the satisfactory
installation 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.
3. That the owner(s) of subject property shall pay to the City of
Anaheim a fee, in an amount ss determined by the City Council, for
tree planting purposes along Katella Avenue and Clementine Street.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the Office of the Executive Director of
Public Works.
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5. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior
to the issuance of a building permit.
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 commercial buildings prior to the issuance of a
building permit.
7. That this Variance is granted subject to the adoption of an ordinance
in connection with Reclassification No. 66-67-61, now pending.
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit D?os. 1 through 4.
9. That Condition Nos. 1, 2, 3 and 7, abo~ve-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 withi.n a period of one year from date hereof, whichever occurs
first, or such further time as the Planning Commission may qrant.
10. That Condition Nos. 4 tnd 8, above-mentioned, shall be complied with
prior to final buildiny sr.d zoaing inspections.
H~ IT PURTHER RESOLVED that the Anaheim City Pianning Comrnission does
hereby find and determine that sdoption of this Resolution is e:cpressly
predicated upon applicant's 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 tinal judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RE~OLUTION is signed and approved by me this 20th day of
September, 1982.
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I N, ANAHEIM CITY P ING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC82-175
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIT'1 OF ANp,HEIM )
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 Planniug Commission held on Septem'ner 20, 1982, by
the following vote of the members there of:
AYES: COI~II~IISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE,
MC BUPNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand thi~ 20th day of
September, 1982.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC82-175