91-249 RESOLUTION NO. 91R-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3409.
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
to permit a 22-unit addition to an existing 18-unit motel upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL "B", IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT
CERTAIN PARCEL MAP, RECORDED SEPTEMBER 24, 1968
IN BOOK 17, PAGE 17 OF PARCEL MAPS, RECORDS OF
SAID ORANGE COUNTY; 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. PC91-86 granting Conditional
Use Permit No. 3409; 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
consideration 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.
CUP #3409
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.
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 present and that said waiver(s) should be
granted, for the following reasons:
1. That there are 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, because of special circumstances shown in (1)
above, strict application of the zoning code deprives 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,
Conditional Use Permit No. 3409 be, and the same is hereby,
granted, in part, a 22-unit addition to an existing 18-unit motel
permitting on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.44.063.040 Minimum open setback.
and 18.44.064.010 ¢10 feet required adjacent to
RS-A-43,000 zoning; 4 feet 6 inches
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, a traffic
signal assessment fee equaling the difference between the
commercial and motel and assessment fees shall be paid to
the City of Anaheim in an amount as established by City
Council Resolution No. 89R-198.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing
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conformance with the latest revisions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking
standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
~'~ 3. That street lighting facilities along Lincoln Avenue
shall be installed as required by the Utilities General
Manager in accordance with specifications on file in the
Office of the Utilities General Manager; 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 completion of the
above-mentioned improvements. Said security shall be
posted with the city of Anaheim prior to issuance of a
building permit. The above-required improvements shall
be installed prior to occupancy.
4. That the legal owner of subject property shall dedicate
~ to the City of Anaheim an easement five (5) feet in width
along/across the west property line for public utility
purposes.
5. That the legal owner of subject property shall maintain a
minimum twelve (12) feet of separation between any
portion of the building and the high voltage power lines
that are located that are adjacent to or across the
property. Any equipment used in the construction and
maintenance of facilities located on the subject property
shall not be operated within ten (10) feet of overhead
high voltage power lines. The developer shall consult
with the city of Anaheim Electrical Engineering Division
for details and mitigations measures.
6. That a local fire alarm system shall be installed as
~ required by the Fire Department. If existing, said alarm
system shall be extended into the addition.
7. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
8. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by
said Division.
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CUP #3409
9. That a trash truck turnaround on-site be provided, as
required and approved by the Department of Maintenance.
10. That specific plans shall be submitted to the Planning
Department showing methods for softening or otherwise
reducing the adverse visual impact of the long blank wall
on the east-facing elevation of subject building. Said
plan shall be considered before the Planning Commission
as a report and recommendation item.
11. That the proposal shall comply with all signing
requirements of the CL "Commercial, Limited" Zone, unless
a variance allowing sign waivers is approved by the city
Council, Planning Commission or Zoning Administrator.
12. That the on-site landscaping and irrigation system shall
be maintained in compliance with city standards.
13. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1,
2 and 3; provided, however, that:
(a) a maximum of 22 units may be added to the existing
18-unit motel; and
(b) a minimum four and one-half foot (4 1/2) wide
landscaped planter shall be maintained along the
entire east property line; and
(c) a minimum structural setback of forty-five feet
(45') is required between the east property line and
the proposed two story motel addition.
14. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 7, 8
and 10, 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.
15. That prior to final building and zoning inspections,
Condition Nos. 3, 5, 6, 9 and 13, above-mentioned, shall
be complied with.
16. That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
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or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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 6th day of August, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3409.12
101891
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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. 91R-249 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 6th day of
August, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly and Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify tha~ the Mayor of the City of Anaheim signed said
Resolution No. 91R-249 on the 7th day of August, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of August, 1991.
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 i9 the original of Resolution NO. 91R-249 duly passed and adopted
by the City Council of the City of Anaheim on August 6, 1991.
CITY CLERK OF THE CITY OF ANAHEIM