PC 83-162r~
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RESOLUTION N0. PC83-162
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2475 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from NORBERT A. AND RUTH M. WATERS, 12132
Morrie Lane, Garden Grove, California 92640, owners of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEI. 1:
THAT PORTION OF SECTION 13, TOWNSHIF 4 SOUTH, RAN~E 10 WEST~
IN THE RANCHO SAN JUAN CAJON DE SP.NTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51~ PAGE 10 OF MZSCELLANEOUS MAPS~ RECORDS
OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS:
PARCEL B AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 20 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
PARCEL 2:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QOARTER OF SECTION 13~ TOWNSHIP 4 SOUTH~ R:9NGE 10 WEST~ IN
THE RANCHO fiAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS F]APS~ RECORDS
OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED
"NORTH 89 DEG. 02' 32" WEST 175.00 FEET IN THE BOUNDAgy OF
PARCEL 3 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION~
SUPERIOR COURT CASE NO. 114537~ A CERTIFIED COPY OE WHICH
WAS RECORDED JUNE 3~ 1964 IN BOOK 7073, PAGE 214 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE EASTERLY
PROLONGATION OF SAID COURSE SOUTH 89 DEG. 02' 32• EAST
318.48 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERiY ALONG SAID
CURVE~ FROM A TANGENT WHICH BEARS NORTH 0 DEG. 57' 28" EAST
THROUGH A CENTRAL ANGLE OF 40 DEG. 56' 43" AN ARC LENGTH OF
214.39 FEET TO A POI[dT IN THAT COURSE DESCRIBF.D AS "SOUTH 52
DEG. 13' 12" WEST 24.19 FEET" ZN THE ROUNDARY OF SAID PARCEL
3~ DISTANT THEREON NORTH 52 DEG. 13' 12" EAST 2.55 FEEi FROM
ITS SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAID BOUNDARY
THE FnLLOWING COURSES: SOUTH 52 DEG. 13' 12" WEST 2.55 FEET,
SOUTH 53 DEG. 20' 07" WEST 258.88 FEET AND SOUTH 79 DEG, 38'
53" WEST 188.66 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City F~lanning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 7, 1983, 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 propcsed nonditional use
permit and to investigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meeting of September 19, 1983; and
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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 coaditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.160 &
18.44.050.010 to wit; to permit an 80-unit motel and cocktail lounge with
on-sale alcoholic beverages in the CL (Commercial, Limited) 2one with wai ers
°t:
~a) SECTION 18.04.042.080 - Minimum structural setback.
(10 £eet required from a freeway
right-of-way line; 3 feet proposed)
(b) SECTION 18.44.062.011 - Maximum structural hei ht.
~~) SECTION 18.05.093.023 - Permitted location of freestandin si ns.
(120 feet from west ro ert line permitted;
20 feet proposed)
(a) SECTIONS 18.04.043.102 - Maximum fence he~ t
AND 18.44.064 (6 feet permitted; 9 feet 2 inches
proposed)
Z. That the proposed use is approved, in part, denying the
cocktail lounge with on-sale alcoholic beverages.
3. That the requested waiver (b) is hereby denied on the basis
that the waiver was deleted by the submission of revised plans eliminating the
need for said waiver ~ubsequent to the advertisement of the public hearzng.
4. That the requested waivers (a), (b) and (d) are hereby granted
on the basis 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 vicinity; and t•hat strict
application of the Zoning Code deprives the property o~ privileges enjoyed by
other properties under identical zoning classification in the vicinity.
stipulation• thaththe tsigns shall dbe directed, away afrom the tnea by Jresidential
areas.
6. That• the requested waiver (d) is also granted on the basis that
the 9' 2" iiigh block wall will provide a sound and visual barrier to protect
the residential area to the north.
7. That the proposed use is hereby granted subject to the
following stipulations made by the petitioner at the public hearing:
a. That the hours of operation for the swimming pool shall be 9:00
a.m. to 10 p,m,
b. That a security fence shall be located around the swimming pool
adjacent to the landscaped buffer along the northerly property
line to prohibit intrusion of the guests utilizing the swimming
pool into said landscaped buffer area. i
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PC83-162 I
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c. That a tree screen of fast growing Italian Cypress trees of a
minimum size of 15 gallons or other acceptable tree species
shall be planted along the 9' 2" high block wall on the
northerly property line on 5-foot centers to eventually provide
growth above the wall.
d. That the proposed 1,456-square foot cocktail lounge proposed to
be locat~d at the east end of the existing commercial complex
on the westerly portion of subject property shall be completely
eliminated from the plan and any modification to the plans in
the future shall be sub;ect to the review of the Planning
Department staff.
8. Thzt the proposed use will not adversely affer.t the adjoining
land uses and the 9rowth and development of the area in which it is proposed
to be located.
9. That the size and shape of the site proposed for the use is
,dequate to allow the full develonment of the proposed use in a manner not
dE rimental to the particular area nor to th? peace, health, safety and
general welfate of the Citizens of the City of Anaheim.
10. That the granting of the Conditional Jse Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
saFety and general welfare of the Citizens of the City of Anaheim.
11. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the trafEic in the acea.
12. That approximately 35 persons indicated their presence at the
August 8, 1983 meeting and that 12 persons indicaLed their presence at the
September 19, 1983 public hearing in opposition; and that a petition
containing apgroximately 260 signatuzes was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim Cicy Planning
Commission has reviewed the proposal to permit an 80-unit motel and cocktail
lounge with on-sale alcoholic beverages in the ~L (Commercial, Limited) Zone
with w~.~~ers of minimum struc*.ural setback, permitted location ef freestanding
signs, ~nd maximum fence height on an irregularly-shaped parcel of land
cons:.•'i~~g of approximat_ly 1.40 acres, having a frontaqe of approximately 392
feet ou the north side of Ball Road, having a maximum depth of approximately
215 feFt and being loc~;i:ed immediately west of the Or3nge (57) Freeway; and
does hereby approve the Negative Declaration upon finding that it has
considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commi:.sion does hereby grant suuject Petition for Conditic:nal Use Permit, upon
the fo.llowing canditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in orci:: to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
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l. That the owner of subject property shall by recorded deed shall
irrevocably offer to deed to the City of Anaheim a strip of land 53
feet in width from the centerline of the street along Ball Road for
street widening purposes.
2. That prior to issuance of a b~ilding 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 foi new commercial
buildings.
4. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That subject property shall be served by undetground utilities.
6. That prior to commencement of structural framinq, fire hydrants
shall be installed and charged as required and detecmined to be
necessary by the Chief of the Fire Department.
7. Tha*_ trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sani~ation
Division.
8. That the vehicular access rights, except at approved access points,
to Ball Road shall be dedicated to the City of Anaheim.
9. That this Conditional Use Permit is granted subject to the
complet=on of Reclassification No. 83-84-1, now pending.
10. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Revision No. i of Ext,ibit Hos. 1 through 5; provided,
however, that kitchen efficiency units may be installed in no more
than twenty-five percent (258) of the motel units, with a maximum of
6-cubic foot cefrigerators, two-burner stoves excluding oven and
baking facilities, and single compartment sinks, except that the
manager's unit will be allowed to have full kitchen facilities; and
further provided that the proposed 1,456-square foot cocktail lounge
shall be completely eliminated from the plans and any modification
to the plans in the future shall be subject to review of the
Planning Department staff.
11. That prior to the commen~ement of the activity authorized under this
resolution, or prior to the time that a building pecmit is issued,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition Nas. 1, 8 and 9, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in acccrdance with Section 18.03.090
of the Anaheim Municipal Code.
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1z. That prior to final building and zoning inspections, Condition Nos.
4, 5, 7, and 10, above-mentioned, shall be complied with.
13. That the hours of operation for the swimming pool shall be 9 a.m. to
10 p.m.
14. That a security fence shall be located around the swimming pool
adjacent to the landscaped buffer along the northerly property line
to prohibit intrusion of the 9uests utiliziny the swimming pool into
said landscaped buffer area.
15. That a tree scceen of fast growing Italian Cypress trees of a
minimum size of 15-gallon or other acceptable tree spec,~es shall be
planted along the 9' 2' high block wall on the northerly property
line on 5-foot centers to even~iaally provide growth above the block
wall.
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BE IT FURTHER RESOLVED that the Anaheim City Planning 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 conditions, or aciy 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 19th day
of September, 1983.
Oili ~ ~I7~-y./
CHAIRMAN~ A EIM CiTY PLANNING COMMISSION
ATTEST:
`~~~-~G .~° ~~~,
SECRETARY~ ~VAHEIM CITY PL~ANNING COMMISSION
STATE OF CALIFOi2NIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary o£ 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 19, 1983, by the ,.~llowing vote of the members thereof:
AYES: COMMISSIONERS: BUSHORE, FR'l~ HERBST~ KING~ LA CLAIRE
NOES: COMMISSIONERS: BOUAS
ABSENT: COMDlISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereurlto set my hand thi~ 19th day of
September, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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