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83R-409 RESOLUTION NO. 83R-409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2483. WHEREAS, ~he City Planning Commission of the City of Anaheim did receive .n application for a conditional use permit with a waiver of cer!tain provisions of the Anaheim Municipal Code from EDWARD A. BLANK, et al., owners, and LOIS M. RAMONT AND MARILYN R. WATSON, a~ents, to permit a bed and breakfast inn upon certain real propert~ located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 31 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURWEY BY WILLIAM HAMEL, A COpy OF WHICH IS SHOWN IN Book 3, PAGES 162 TO 164 OF "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT TH~ INTERSECTION OF THE CENTERLINE OF WALNUT STREET,(60 FEET WIDE), AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 1394 AS SHOWN ON A ~P RECORDED IN BOOK 54, PAGES 47, 48 AND 49 OF MISCE~LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFOR~IA, THENCE ALONG SAID SOUTHERLY LINE NORTH 740 16' 15" EAST 268.17 FEET; THENCE AT RIGHT ANGLES THERETO, SOUTH 150 43' 45" EAST 116.50 FEET THENCE AT RIGHT ANGLES THERETO, SOUTH 740 16' 15" WEST 300.28 FEET TO A POINT IN SAID CENTER LINE OF WALNUT STREET; THENCE ALONG SAID CENTERLINE NORTH 00 19' 18" WEST 120.84 FEET TO THE 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, inves- tigation 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. PC83-l48 granting Conditional Use Permit No. 2483; and WHEREAS, tbereafter, within the time prescribed by law, an interested party Qr the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and -1- ~.........".,-...--,-_. ....,-._,..p. ~ v 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 recei~e 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 adjoin- ing 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 th~ full development of the proposed use in a manner not detriment~l to the particular area nor to the peace, health, safety and g~neral 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 w,lfare of the citizens of the City of Anaheim. AND WHEREA$, the City Council does further find, after careful consideratiom of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council reg~rding said requested waiver(s), that all of the conditions set forth in Section 18.03.040.030 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 surround- ings, 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, THEREBORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the ac- tion of the City Planning Commission granting said conditional use permit be, and the s~me is hereby, affirmed and that Conditional Use Permit No. 2483 be, and the same is hereby, granted permitting a bed and breakfast inn on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- -_.......~_."-._.,__.-',,o_.. ....,~_~~. ___ SECTION 18.21.063.020 Minimum landscaped setback. (10 foot sideyard required; o feet proposed) subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Walnut Street and Beacon Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, appropriate water assessment fee~ 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 appro- priate 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 e~isting structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, ~lectrical, Housing, Mechanical and Fire Codes 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 lighting along Walnut Street and Beacon Avenue in an amount as determined by the City Council. 8. That the driveway onto Beacon Avenue shall be 25 feet in width with lO-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. lO. 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 author- ized 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, 7 and 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accord- ance with Section 18.03.090 of the Anaheim Municipal Code. -3- ~"'''''''~".... 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 pursuant to Section 2.12 of the Anaheim Municipal Code. 14. That signing be only two (2) square feet maximum with no interior illumination. 15. That there be no cooking facilities in any guest room. 16. That no guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) days during any consecutive ninety (90) day period. 17. That there be no meals served other than breakfast. 18. That an owner, manager, proprietor or caretaker of the property must reside on the subject premises at all times. 19. That one p_rking space shall be provided for each bed- room in the residenc, plus one additional space for visitors. For purposes of this con~ition, the term "bedroom" shall mean any room designed, intended or primarily used for sleeping purposes. BE IT FURT$ER RESOLVED that the City Council does hereby find and determine t~at adoption of this Resolution is expressly predicated upon appltcant'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 FOREGO]NG RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of October, 1983. MAYO~~~~A~IM ATTEST: ~J~~ C TY~LERK OF THEY OF ANAHEIM JLW: fm l7l4M 11/15/83 -4- "~~"~""----".,",'-'" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-409 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of October, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-409 on the 18th day of October, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th d4Y of October, 1983. ~~~~ CI CL OF THE CITY 0 AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-409 duly passed and adopted by the Anaheim City Council on October 18, 1983. ~J~~~ CITY CLERK . - -' .~--",--=