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PC 78-146~ ` i RESOLUTION N0. PC78-146 A RESOLUTION OF THE ANAHEIM CITY PLANNING COHNISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1843 BE GRANTED, IN PART. NHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditlnnal Use Permit from MARILYN E. DOMINO, MYUNG SHIK ANC KUH OK YUN~ 735-D South Beach 9oulevard~ Catifornia, 92804, owners, and U. E. BAUER~ 17390 McAllls[er, Riverside, California 9z503, agen[, of certain real property situated in the Clty of Anaheim, County of Orange, State of Caltfornia, described as: Parcel 1: 7he South 93 feet of the North S93 feet of the East onehalf of [he East onehalf of the Soucheast quarier of the Southeast quarter of Section 14, Township 4 South, Range 11 West in the Rancho Los Coyotes, Clty of Anaheim; Execpting therefram the East 40 feet thercof as conveyed to the State of California by deed recorded March 5, 1951 in book 2153. page 250. Official Records; and That portion of the Southeast quarter of tfie Southeast quartcr of Seetion 14, Township 4 South, Range 1T West, in the Rancho Los Coyotes, as shown on a Map recorded in book 51~ page 11 of Miscellaneous Maps, records of Orange Lounty, described as follows: Parcel No. 1 as shown on a maa filed in book 72, page 29 of Parcel Maps in the office of the County Recorder of Orange County. California. WHEREAS, the City Planning Commission did h yall in the City of Anaheim on July 3~ 1978, at 1:30 hearing having been duly given as required by Frovisions of tF~e Anaheim Hunicipai Code, Chapter evidence for and agains[ said proposed conditional ftndings and recommendations In connection therewith; old a public hearing at the City p,m., ~otice of said public law and in accordance with the t3.03, to hcar and consider use and to investigate and make and WHEREAS, said Commission, after due inspection, investigatlon and study made by itself and in its behalf, and after due considera[ton of all evidence and reports offered at said hearing, does find and determTne the following fac[s: (a) SECTION 18.44,062.011 - Maxtmum structural heiqht. inches to S eet 9 Inches ermitted; 17 eet proposed (b) SECTION 18.44.063.040 - Mlnimum side ard setback. 10 eet requ red; 1 ~oot proposed) 2. That the requested walver (a} Is hereby granted~ in pa~t. allowing the two-story structure on the south property line on the basis that even though the PC78-146 adJoining property is zoned ~esidentially, It is developed wtth a motel wfiich ls a commercial use and denying the waiver on the west portion of the property because the adJacent residentlal zoning to the west is developed wiCh single-famtly housing. 3. That the requested waiver (b) ls hereby granted on the basis that the property to the south, although zoned restdentially, is develope~ wtth a motet~ and subJect to the petittoner's stipulation that the extertor finish of the proposed building wall along the south property llne will be a decorative stucco or some slmilar material which is compatible with and similar to the front of the proposed motel. 4. That revised plans showing the exterior 6uilding wail fintsh along the south side of tha motel an~ the motel location in relation to the west property line shall be submitted to and approved by the Planning Corrmission. 5. That the proposed use, as granted~ will not adversely affect the adJoining land us~s and the growth and development of the area in which it is proposed to be lacated. 6, That the size and shape of the stte proposed for the use, as granted~ 1s adequate to allow the full develooment of the oroposed use in a manner not detrimental to the particular area nor to the peace, healih, safety, and 9eneral Welfare of tfie Litizens of the City of Anaheim. 7, That [he Londitional Use Permlt, as granted, and under the conditions tmposed~ will not be detrimentai to the peace, health, safety and general welfare of the Cltizens of the City of Anahcim. 8. That one person ind(cated [heir presence at sa-d public hearing tn opposttion; and that no correspondence was recelved (n opposit(on to the subject petitlon. ENVIRONNENTAL IMPACT FINDiNG: Tha[ the Anahelm Ci[y Planning Commission has revTewed the proposal to expand an existing matel wtth waivers of maximum structural helghi and minimurn sideyard setback on a rectangulariy-shaped parcel of land consisti~g of approxima[ely 1.3 acres, havtng a fron[age of approximately 195 feet en the west side of Beach Boulevard having a maximum depth of approxTmately 295 feet, being located approxima[ely 1108 feet north of thc centerline of Ball Road; and does hereby aporove the Negatlve Declaratlon fron the requi~ement to prepare an environmental impac[ report on [he basTs that there would be no stgnificant lndivTdual or cumulative adverse environmental impact due to the approval of this Negative Declaration stnce the Anaheim General Plan designates the subJect property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are lnvolved in the proposal; that the Inttial Study submitted by the petitioner indicates no stgnifican[ indivfdual or cumulative adverse envTronmental impacts; and that the Negative Declaratlon substan[lating the foregoing findings is on flle Tn the City of Anaheim Planning Department. NON~ THEREFORE~ BE IT RESOLVED that the Anahetm City Pla~ning Commission does hereby gra~t, in pari, subJect Petitton for Conditio~al Use Permlt. upon the -2- PC78-146 r' ~ ~ following conditions which are hereby found to be a necessary prerequtsi[e to the proposed use of the subJect property in order to preservc the safety and general welfare of the Citizens of the Ctty of Anaheim: t. Tha[ the owner(s) of subJect property shall pay the trafftc signal assessment fee (Councii Policy No. 214) amountln9 to 5363.00 per 1000 square feet of building or fraction thereof prlor to the issuance of building p~ermic. 2. That the owner(s) of subJect property submit a letter requesting the termination of Variance No. T551. 3. That revised plans showing thc extcrior building wall finish along the sou[h property line a~d the motel building location in relation to the wes; property line shall be submTtted to and approved by the Pianning Commission, 4, That subject property shall be devefoped substantially tn accordance with plans and specifications on file with the CTty of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that kitchen efficiency units with a maximum of 6-cubic foot refrigerators, twc+-burner stoves, excluding oven and baking facili[ies, and single compartment sinks may be installed, extept chat the manager's unTt will be aliowed to have full Kitchen facilittes, and provided that the structural setback along the west proper[y line shall compiy wi[h Zoning Code reaulations. 5. That Conditton No. 2 and 3, abovc-mentioned, shall be complTed with priar to the corimencement of the activity authorized under this resolutlon, or prior to the timc chat the building permit 1s issued, or wi[hin a period of one yea~ from date hereof. whichever occurs first, or such furcher time as the Planning Commlssion may grant. 6. That Condition No. 4, above-mentToned, sh~ll ~~ =~npli=_~ with prior to final building and zoning tnspections. EfE iT FURTHER RE50LVED that the Anahetm Lity Plan~ing Camisston does hereby find and determine that adoption of this Resolution is expressiy predicated upon appiicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, qr any part thereof. be declared invatid or unenforceable by the final Judgment of any court of competant jurisdiction, theri [his Resolution~ and any approvals herein contai~ed. shall be deemed null and void. THE FOREGOING RESOLUTION Is signed and approved by me this 3rd day of July ~978. . / , A I C LANNING OMMIS ION ATTEST: T.t~.c~. 1° ~~iz,~~ ECRE7ARY~ ANAHEIM CITY PLANNI~~G COHHi5510N -3- PC7~-t46 ( ;....i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AMAHEIM ) i, Edith L. Harris, Secretary of the Anaheim City Planning Commission~ do hereby certify that the foregoing resolution was passed and adopted at a meeting of the AnaheTm City Planning Commisslon held on July 3, 197$~ at 1:3~ p.~.. by the following vote of the members thereof: AYES: COMMISSIOt~ERS: BARNES~ DAVID, HERBST, JONNSON, KING, LIN:1. TOLAR NOES: COMNISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITt~E55 1dHEREOF~ I have hercunto set my hand this 3rd day of July, 1978. (2 rp t.I'~ . X. a.u.., SECRETARY, ANAHEIN CI PLAFiNING COMHISSION -y- PC78-146