1985-299RESOLUTION NO. 85R-299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2678.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from TA TSUN LIN and HEH-NIANG JAN LIN, owners, and JOHN SWINT,
agent, to permit a 75-unit, 3-story motel upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL l:
THE SOUTH 10.00 FEET OF THE NORTH 784.46 FEET OF THE
WEST 40.00 FEET OF THE EAST 210.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2:
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OAF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, LYING SOUTHERLY OF THE NORTHERLY 679.46
FEET OF SAID EAST HALF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF
SAID EAST HALF WITH THE SOUTHERLY LINE OF SAID
NORTHERLY 679.46 FEET; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE TO A LINE PARALLEL WITH AND DISTANT
NORTHERLY 113.00 FEET MEASURED AT RIGHT ANGLES FROM
THE NORTHERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN A
DEED RECORDED ON MARCH 10, 1950 IN BOOK 1983, PAGE 28
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL
WITH AND DISTANT EASTERLY 279.50 FEET MEASURED AT
RIGHT ANGLES FROM SAID WESTERLY LINE, BEING THE TRUE
POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 95.00 FEET MEASURED AT RIGHT ANGLES FROM THE
SOUTHERLY LINE OF SAID NORTHERLY 679.46 FEET; THENCE
EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL
WITH AND DISTANT WESTERLY 210.00 FEET MEASURED AT
RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 14;
THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO A LINE
THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 105.00
FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE
OF SAID NORTHERLY 679.46 FEET; THENCE EASTERLY ALONG
SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND
DISTANT WESTERLY 40.00 FEET MEASURED AT RIGHT ANGLES
FROM THE EAST LINE OF SAID SECTION; THENCE SOUTHERLY
ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL
WITH AND DISTANT NORTHERLY 113.00 FEET MEASURED AT
RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LAND OF
KOSS: THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE
TRUE POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC85-123 granting
Conditional Use Permit No. 2678; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
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5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
,.~- careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are not present and that
said waiver(s) should be denied for the following reasons:
1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property
under identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2678 be, and the same is hereby,
granted permitting a 75-unit, 3-story motel on the hereinabove
described real property and that the requested waiver of the
provisions of Section 18.44.063.040 of the Anaheim Municipal Code
is hereby denied subject to the following conditions:
1. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 84-85-31, now pending.
2. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Beach
Boulevard in an amount as determined by the City Council.
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 drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
5. That subject property shall be served by underground
utilities.
6. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
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7. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
8. That sidewalks shall be installed along Beach Boulevard
as required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
9. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view,
and the sound buffered from adjacent residential properties.
10. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
11. That a 6-foot high masonry block wall shall be
constructed and maintained along the north and west property
lines.
12. That any proposed parking area lighting fixtures shall
be down-lighted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area.
13. That 15-gallon or larger trees planted on 20-foot
centers, with appropriate irrigation facilities, shall be planted
and maintained along the north and west property lines.
14. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 5;
provided, however, that kitchen efficiency units may be installed
in no more than twenty-five percent (25~) of the motel units,
with a maximum of 6-cubic foot refrigerators, 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.
15. That all guestroom windows, balconies and stairways
facing the north and west property lines shall be fully screened
to eliminate all visual intrusion into the adjacent residential
condominium complex. Said screening shall be permanently
maintained.
.,-. 16. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, and 3, above-mentioned, shall
be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
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17. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 7, 8, 9, 11, 12, 13, 14 and l5,
above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council 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 any 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 approved and adopted by the
City Council of the City of Anaheim this 9th day of July, 1985.
~~~
MAYOR OF THE CITY F ANA EIM
ATTEST • ''~
CITY CLERK OF' THE CITY OF ANAHEIM
JLW : f m
3981M
072685
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-299 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on '"~'
the 9th day of July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-299 on the 9th day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of July, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-299 duly passed and
adopted by the Anaheim City Council on July 9, 1985.
CITY CLERK