PC 76-29~
RESOLUTIOtJ N0. PC76-29
A RESOLUTIOIJ OF THE CITY PLAPaPdIN6 COt~1MI5SI0W OF THE CITY OF ANAHEIt4
TNAT f'ETITIOI~ FOR CONGITIONAL USE PEat1IT N0. 1593 aE GRAt~TED.
4JHER~A'S, the Cit~ Planning Corrnnission of the Cit,y of Anaheim did receive a
verified Petitiori for Conditional Use Permit from CfiAP~tAP1 R 7USTI(~i AVE. AS50C., Attn:
Frank V. Trani, 459 1Jest Seventh Str.eet, San Pedro, Califor.~ia 90731 and STATE 0'F
CALIFORidIA, Department of Tra~sportation, District 7, P.O. Box 2304, Los IlnaPles,
California 90051 (Owners); CHRISTTAtd HOGEP~6IRK & ASSOC., ?1£3 5, Hzrbor Qo~ievard,
Anahei~r, California 92II05 (Agent) of certain real proner'eV situated in ~he CitV of
Anaheinr, County or Orange, State of Cali`arnia, described as:
That portion of Lot 3 of Sec`~ion 5, To~~mship 4 South, Rann,e 9 tdest, San
Dernardino Base and t1eridan, and that aortion of Lot 4 of Section 4, Tewnshio h
South, Ran~e 9 4l~st, San Bernardino Base and tleridian, in the CitV of Anaheira,
County of Orar~g~, State of California, described as a ~•~hole as follrnas:
Beginning at a noint in that certain course describ~d as having a bearino an~
length of Worth 82° 43' 54" Easi, 211.20 feet, in deed to the State nf California
(5tate Parcel 38fl) recsr~~d t~arch 19, 1953, in bonk 2472y oaqe 23~ of Official
P,ecords, in the Office of the County P,ecorder of said county, distant thereon
P~orth 82° 43' 54" East, 9.30 feet from the lJesterly terminus thereof; thence
t~orth ~~6° 5B' 56° tJest, 25.1? feet; thence North 50° h5' 00° ldest, i~i°.30 f'eet;
thence tlorth 55° 51' S6° 41est, 190.40 feet; tlience North 61° 16' Oh" 1~lest, 13n.45
feet; thence South 55° 10' 13" 1Jest~ 11.31 feet; thence South 30 29' 3n" l•lest,
40.21 feet; thence South ~i° Ox' ?5" East, 179.24 feet; thence South 9° 56' 27."
East, 168.26 feet to the Southerly iine of that certain parcel of band cor~veyed
to the State of Ca1ifornia by Parcel 2 of deed (State Parcel 38v) recorded ;4arch
lII, 1953, in book 2~471, pa~e 551 of said Ofificial Recorris; ~hence alonn said
Southerly line PJorth E2 25` 57" East, 5.1.28 feet and Nor~h 77° 3h' ?_?" East,
327.7Q feet to the center• 7ine o~ Jefferson Street, 60 feet ~~ride, descri'bed in
deed to the County ofOrange, recorded in booK 6'•5, nag~ 4~ ~f Deeds, in s•aid
office; thence I~lorth D2° h3' 54" East, 53.05 feet to ~he gcint o~F be~innin~.
And also that portion of Lot 3 of Section 5, T4S, R4W, SC~I•1, and that nortion of
Lot 4 0~ Section 4, ThS, R91~1, SaM,. lyi,ng easterly, uf the easterly line of Tustin
Avenue, as said Avenue exist, December, 1975, and lyi~r wes~erly and
southwesterly of those courses described in the State of Caiifornia Directors
Deed No. 000388-01-01 as, S 3 29' ~4" W, 40.21 feet, Sh ~i' 15" E, 179.2n feeT.,
and S 9 56' 22" E, 168.26 feet.
l'JIiEREAS, the Cit,y Planning Commission did hold a public hearing at the Cit,y
Hall in the ~ity of Anaheim on February 1Fi, 1976, at 1:3Q p.m., ~otice of said oublic
hearing having been duly given as required by la~~~ and in accordance wiih the
provisions of the Anaheim t~1unicipal Code, Chapter 1t~.03, to hear and consider
evidence for and against said proposed conditional use and ±c investiRa±e and make
findings and recomnendations in connec~ion there~vith; and
• b11iEREAS, said Commission, after due insoection, investiGation and study made
by itselr' and i1 its behalf, and afiter due consideration of ali evidence and rennrts
offered at said hearing, does find and determine the follo~~ing facts:
1. That the proposed use is properly one for a~nich a conditional use
permit is authorized by Code Sect9ons 1II.2l.050.170 and 1A.21.050.320, to +~~it:
permit a motel, resta~rant and coffee sh~o, viith ~aaiver of:
SECTION 18.21.OG2.010 - Maxim~m building height. ( 10 feet
oerm~Ttte ; 4~roposed~-
2, That the above-mentioned ~~~aiver is {iereby qranted on the basis that the
abutting RS-A-43,000 zoned property to the south is the Santa Ana River and,
therefore, said waiver is determined to be insignif9cant.
3. That the proposed use ~•+ill not adversely affect the adjoininq land uses
and the growth and deNelopment of th~ area in which i~c is nroposed to be located.
4. 7hat the size and shaNe of the site nronosed for the use is ade~uate to
allow the full deve1opment of the proposed use 9n a manner not detrimentai to thr_
RESOLUTION I~J. PC7f-?4
~ ~
parti~c;~lar area nor to the peace, health, saf•ety, ancJ ~eneral ~velfar~ ~f ~he C~tizens
of the ~City of Anahei~.
5. That the qr•a~ting of the Conditionai Use Permit under the con~itions
imoosed, if any, will not be detrimental to the .peace health~ safety and qeneral
welfare Af the Citizens of the •City of Anaheim.
6. That one ~i.) nerson appea.red as said public hearinq in onnosition,
repr~esenting the Orang~e ~ounty 4dater District and ~resented a letter. Plo other
correspQndenCe was. received in npposit9on te the sub,ject oetition.
ENVIROPII•tENTAL It1PAC'~ R~PORT FIPlD3tJG:
That t'h~ l~naheim ~ity Plannina Commission does hereby recommenrl to the City
Council that the sub3ect project be exempt from the requirement to preoare an
environmental impact report, pursusnt to the provis~ons of the California
Environmental Quality Act.
iJOIJ~ THEREFORE, BE IT RESOLVED that the Anaheim City Planninc~ Commission
does hereby yr~nt subj~ct Petition for Conditional Use Permit, upon the folloi•iin~
conditions which are hereby found to be a necessary prerequisite to the oronosed use
of the subject property in order to preserve the safety and ge~neral ~~ielfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of sub~ect prcoerty shall deed to the CitY of Anaheim
a strip of land 53 feet in width from the. csnterline of the street alonn Tustin
Avenue for s~reet w~dening purooses.
2. That all engineerin~ requirements of tne City ef Anaheim, aionq Tustin
Avenue including pre~aration of i~npravement pl~ns and installation of all
improvements such as curbs and guttes•s, sidet~~alks, street grading and ~avino,
drainage facilities, or other appurtenant a~ork shall be cor~nlied taith as required by
the City Engineer a~d ir~ accordance with st~a~dard plans and specifications on file in
the Office of the City .Engir.ear; that street ~iqhting facilities alonq 7ustin Avenue
shall be installed as required by the Director of Public Utilities and that a bond in
an amount and form satisfactory to the City of .Ana'heim shall be nosted i~~ith the City
to guarantee the installation of the above-mentioned requirement.s,
3. That the o~~ir~er(s) of subject oroperty shcl~ pay to the City ~fi Anaheim
the sum of 60 cents per front foot along Tustin Avenu~ fo~ tree olantinq nurooses.
4. That trash storage sreas sha11 be provided in ~ccordance ~•~ith anproved
plans on file with the Office of the Director of Pubiic 14~;•'r,s.
5. That fire hydrants shall be irastali.e,d and chargecl as require~i ~:~d
determined to be necessary by the Chief of the Fire Qenartmen~ ~rior to commencemen•t
of structural framing.
6. Thxt subject property sha11 be ser~~ed by underground u;.illties.
7. T~at drainage ~.r sub~ect propeT•ty shall be ciisnosed of in a manner
satisfactory to the City En~~neer.
8. 7hni apprspr~ate water assessment fees as determined by the Directnr of
Public Utiliti~:~. shal' bc. paid te the Cit,y of Anaheim prior to the issuanc~ of a
building permiti.
9, That gra~ing, excavation, and all ot~er construct9on activities shall
be conducted in such a e~ac~ner so as to minimize the possibility of any silt
ariginating from this proiect beinn carried tnto the Santa Ana River b.y storm water
originating ~rom or f3owing tiirou9h this pro~ect.
10. That the sanitary se~•ier to serve sub~ect nrooerty shall be a priv.ate
system from the existing public sewer to sub~ect pronerty.
11. That the developer ardlor owner of sub~ect nron~rty shall ~ay one half
(1/2) the cost of a tra"fic signal to be constructed on Tust9n Av~n~e at t~e noint of
access to subject property.
12. Tn the ='ve.nt that subiect nrooerty is to be ~9iv9ded for the purpose of
sale, lease,.or financing: a oarcel r~ap, to -•ecord the apnroved division of subiect
02_ RESOLUTIOP11~0. FC76-29
~ • property, sha13 be sub~itted to 3nd annroved by the Gity of Anahe~m and then b~
recor~ed in the Offfce of the Or~nge County Recowder. ,
13. That subject ~rUOerty shall be develoned substant~atl~/ i~ accor~ance
kith plans and specifications on file witri the C;ty ot rnaheim markzd Exhibit No~ 1;
provided, however, that fina7 specific pl~ns includi,ng ~14or nlans and elevations
shall be submitted ~For Plann~ng Commission approva~ prior to issv~a~ce of buildina
permits.
14. That Condition i~os, 1, 2, 's, and 12, above-m'en`tioned, shall be t~r~plied
a~ith prior xo the commencer~ent of the activity autl~~orized upd r`this resotution~ or
prior to the x.ime that the building per~nit is issued, or t~~i~~in a peri~d of one year
from date her~~f, whic'hever occ.urs firs~t, ar such 'f~rthe.r ti~e as tihe Planninn
Commission ?nd/or City Coun~i7 may grant. ,
15. That Condition P~os. 4, 6, 7, 9, 1~J, '~1, and'13, ebove-mentioned, sha!1
be complied with prior to final building and zorainq insoections.
THE FOREGOIPIG RESOLU7ION is si~ned and -aonroved by me this 1~3th da,y of
February, 1976. •
~~~~/ ~/~
4 ~1 f, fd HE~ DI~~I Wa C'~1'.~ SS N
ATTEST:
~),~
C% «/Gt~G;~-a~jv L~c~QCLyv
SECRE ~, N PiEIM C L WWII{ C`1: SSI~W
STATE OF CALIFORNIA )
COU(JTY OF ORRtyGE )ss.
~,ITY OF ANAHEIht }
I, Patricia E. S~an]an, Se~retary of the Ci~ty Planning Comr,iission of the
City of Anaheim, do herehy ~ertify that the foregoing resolution was passpd and
adopt~d ~t a meeting of the City P~arrning Commission of the City of Anaheir~, held on
February 18„ 197G, at "I:30 p.m., by the followinn vote of the ^~enbers therenf:
AYES: COt~1tqTSSIOi•IERS: BARNES~ HERBST, JOHIySOPl, KING, MQRLEY, TOLAR, FAI2AP;~J
iJOES: CO!11~ISSiO(~ERS: CIONE
A[iSE~lT: COM'~IISSIOF~ER5: PIOiJE
1976.
IPI WITII~SS 1dHEREOF, I have hereunto set r~,Y hand this JRth day of ,~sbruary,
~~
Uu~/~u-~'_.~~A ~AIiE ~
~tfT7~Y, t ~~.I ~ST~
-3- RESOLUTIOPa t10. PC76-29