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PC 83-148RESOLUTZON N0. PC83-lA8 A RESOLUTIOtJ OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDZTIONAL USE PERMIT NO. 24II3 BF. GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from EDWARD A. BLhNK, ET AL., 856 South Walnut Stre~t, Anaheim, California 92802, owners, and LOIS M. RAMONT & MARILYN R. WATSON, 2516 Ames Avenue, Anaheim, Cali£ornia 92806, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 31 OF ANAHEIM EXTENSxON, AS SHOWN ON n MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 OF "LOS ANGELES COUNTY ALAPS", IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING AT THE JNTERSECTION OF THE CENTERLINE OF WALNUT STREET, (60 FGET WIDE), AND THE WGSTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT N0. 1394 AS SHOWN ON A MAP RECORDED IN SOOK 54, PAGES 47, 48 AND 49 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA~ TBENCE ALONG SAIB SOUTHERLY LINE NORTH 74° 16' 15" EAST 268.17 FEET; THENCE AT RIGHT ANGLES THERETO, SOUTH 15° 43' 45' EAST 116.50 FEET THENCE AT RIGHT ANGLES THERETO, SOUTH 74° 16' 15" WEST 3C0.28 FEET TO A POINT IN SAID CENi'ER LINE OF WALNUi STREET; THENCE ALONG SAID CENTERLINE NORTH 0° 19' 18" WESi 120.84 FEET TO T&E POI~IT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 1983, at 1:~0 p.m., notice of said puLlic l~eaiiny havin9 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 sai~i proposed conditional use permit and to investigate and make findings and reco;amendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itselE 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 I8.0:,.030.010 to wit: to permit a bed and breakfast inn in the RS-A-43,000 (Residential, Agricultural) 2one with waiver of the following: SECTION 18.21.063.020 - Minimum landscaped setback. (10 foot sideyard required; 0 feet proposed) #0021r PC83-198 ' j 2. That the rec,uested waiver is hereby granted on the basis that ~ there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other ! identically zoned properties in the vicinit , Zoning Code deprives the y% dnd strict application of che property of privileges enjoyed by other properties ; under identical zoning classification in the vicinity. 3. That the proposed use will not adversely affect the adioining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use is adequate to allow the full development oE the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, wil.l not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. ^hat the traffic generated by the pro;~osed use will not impose an undue burd~ upon the streets and highways designed and improved to carry the traffic i.. the acea. 7. That one person indicated their presence at said public heating in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDZNG; That the Anaheim City Planning Commission has reviewed the ,proposal to permit a bed and breakfast inn in the RS-A-43,000 (Residential, Agricultural) Zone with waiver of minimum landscaped setback on a rectangularly-shaped parcel of land consisting of approximately O.i acre located at the northeast cc+rner of Beacon Avenue and Wainut SEreet, and further described as 856 South Walnut Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative advecse environmental impact due to the approval of this Negative Declaration since the ~naheim Gereral Plan designates the s~bject property for low-density residential land uses commensurate with the propoeai; that no sensitive environmental impacts are involved in the proposal; that the 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 City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petitioa 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: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes alona Walnut Str.eet and Heacon Avenue in an amount as determined by the City Council. -2- PC83-148 ~~:~ ,-. r~ • 2. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 4. That the existing most southerly driveway on Walnut Street shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 6• That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Aousing, Mechanical and Fire Code~ as adopted by the City of Anaheim. 7. That the owner of subject property shall pay to the City of Anaheim a fee for street ].ighting along 6~Talnut Street and eeacon Avenue in an amount as determined by the City Council. 8. That the driveway onto Beacon Avenue shall be 25 feet in width with 10-foot radius returns. 9. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 2123 and 2241 to the Planning Department. 10. 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 5. 11. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, i and 9, above-mentioned, shall be complied with. Extensionc for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6, 8 and 10, above-mentioned, shall be complied with. 13. That the owner of subject property shall pay the Transient Occupancy Tax purs~ant to Section 2.12 of the Anaheim Municipal Code. -3- PC83-148 ~X31°~.M'.. ....n~s,.~...w._~~.. _.~.... , I~ `•'^, BE IT FURTHER RESOLVED that the Anaheir~ City Plannin g Commission does 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 any such conditior~s, or an declared invalid or unenforceable by the final y Part thereof, be competent jurisdiction, then this Resolution ~udgment of any court of contained, shall be ~eemed null and void. ' and any aFProva2s herein THE 'r'OREGOING RESOLUTION is signed and approved by me this 22nd da of August, 1983. Y ATTEST: QL(..~f~.. .C . • SECRETARy~ ANAHEIM CITy PLANNING COMMISSION SmATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~~ I. Edith L, Harris, Secretar op Commission, do hereby certify that the fore ointhe Anaheim City Planning 'yf adopted at ^ meeting of the Anaheim City P1 nni g C mmission was ~2, 1983 passed and €• . by the fo l l o w i a g v o t e o f t he mem bers thereof; l o n h e l d o n A u g us t r`:' r AYES: COMMISSIONERS: BOUAS ; NOES: COMMISSIONE ~ HUSHORE~ FRY~ HERBST, KING~ LA CLAIRE ABSENT: RS: NONE COI9MISSIONERS: MC BURNEY IN WITNESS WHEREOg, I ha~e i,ereunto set my hand this 22nd day of August, 1983. `~ ~ ,~ , • SECRETARy, ANAHEIM CITy P ~- LANNING COMMISSION -4- !,~ ' /~ ~iE~ir / ~~L~ xLJ CHAIRMAN~ a HEIM C TY PLANNING COMMISSION ~ PC83-148 ^.,..