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1976-620RESOLUTION NO. 76R-620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 72R-204 GRANTING CONDITIONAL USE PERiIT NO. 1306. WHEREAS, a Petition for Conditional Use Permit No. 1306 for a motel use on C-0 (Commercial Office) zoned property with request for waiver of four sections of Title 18 - Zoning - of the Anaheim Municipal Code was received. on March 22, 1972; and WHEREAS, said Petition was set for public hearing be- fore the Planning Coranission on April 17, 1972; and WHEREAS, said hearing was readvertised and set for Public hearing before the Planning Commission on iday 1, 1972; and WHEREAS, on May 1, 1972, the Planning Commission did recommend approval of the property for motel purposes, but did further recommend denial of the four waivers by its Planning Commission Resolution No. PC72-82; and WHEREAS, on May 30, 1972, the City Council did hold a public hearing to consider said Petition for Conditional Use Permit No. 1306 with waivers of four sections pursuant to an appeal protesting the action of said Planning Commission; and WHEREAS, on May 30, 1972, the City Council did consi- der said Petition for Conditional Use Permit No. 1306 with waivers of four sections; and WHEREAS, on May 30, 1972, the City Council did adopt Resolution No. 72R-204, which resolution did approve Conditional Use Permit No. 1306, in part, and did grant two of the four waivers requested; and WHEREAS, on September 28, 1976, at a public hearing duly advertised, the City Council did consider a request for waiver of Section 18.41.062.011 (formerly Section 18.38.0503[3-a]) which waiver was initially denied by Resolution No. 72R-204; and WHEREAS, said public hearing was continued to November 5, 1976, at which time persons in favor of or in oppo- sition to said waiver were heard and evidence taken; and WHEREAS, the City Council is cognizant of the recora mendation that said request for waiver of Section 18.38.050[3-a] (now 18.41.062.011) was recommended for denial by the Planning Commission; and WHEREAS, the City Council does find, after careful consideration of the recommendation of the Planning Commission and all evidence and reports offered at said hearing: 1. That there are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use, as granted, of the property that do not apply generally to the property or class of use in the same vicinity and zone. -1- 0 2. That the requested waiver, as granted, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question. 3. That the requested waiver, as granted, will not be materially detrimental to the public welfare or injurious to the property in such vicinity in which the property is located; and WHEREAS, Environmental Impact Report (EIR) No. 48 was adopted by the City Council for said project on November 21, 1972; and WHEREAS, no substantial changes are proposed in the project which will require major revisions to EIR No. 48; and WHEREAS, no substantial changes have occurred under which the project is being undertaken which will require major revisions to EIR No. 48. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 72R-204 be, and it is hereby, amended to grant an additional waiver of Section 18.41.062.011 (formerly Section 18.38.050[3-a]). BE IT FURTHER RESOLVED that the City Council does hereby determine, based upon the findings hereinabove set forth, that no subsequent environmental impact report is required. THE FOREGOING RESOLU'T'ION is approved ands' ned by me this 5th day of October, 1976. MAY 0 THE C I TOF ANAHEIM ATTEST: CIYY CLERN OF THE CITY OF ANAHEIM _ f�`iLS ,. fm -2- i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-620 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of October, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth NOES: COUNCIL MEMBERS: Kaywood and Thom ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-620 on the 5th day of October, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of October, 1976. - C�� �- ZD CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No, 76R-620 duly passed and adopted by the Anaheim City Council on October 5, 1976. CITY CLERK