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PC 78-218RESOLUT10~11~6, PC 78-218 RESOLUTION OF THE At~AHEIM CITY PLANt~ItIG CO`1t115SI0N THAT PETI'fi0t~ FOR VARIANCE N0. 3042 BE GRANTED WHEP.EAS, the Anaheim City Planning Commisslon did receive a verified Petition for Variance from DAVID S. APlD N,ARIO~J GRAFF COLLIPIS, 1077 West Ball Road. Anaheim, Califor~la 92$02~ ormers, and W. E/1RL 6ARR, JR., 1650 5outh Harbor Boulevard, Anaheim, California g2f302, agen[, of certain real property situated in the City of Anahelm, County of Orange, State of California described as: That portion of Lots 30 and 31 and abandoned Broad Street of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shoam on a map of survey by William Hamei and filed in the Of`ice of the Lounty Recorder of Los Angeles County, California, a copy of oihich is shoom in booF: ;, page 153 et seq. entitled "Los Angeles County tlaps", in the Office of the County Recorder of said Orange County, described as follorrs: fieginning at the Southeast corner of said Lot 3~, being the intersection of the centerli~es of Ball Road and Nest S[rcet, as shovm on said map; thence South 89° 58' S6" lJest 388,70 feet along the Southerly line of said Lot 30, to the Sou[heasterly corner of the land conveyed to Fannie Moore, by deed recorded 'larch 2, 1929, in book 251, page 139. Offici~l Records; thence North ~° 23' ~0" 'dest 7E5.46 feet along the Eastcrly line of said land to the Northeasterly corner of said land; thence 4orth 7~~° 20' 00" Eas[ 1E6.00 feet to the Eas[erly line of sald Lot ;1, beina [he center line ofsaid Nest Street; thence Southeasterly 3fi,~5 feet along the Easterly line of said Lots 3n and 31 to the poin[ of beginning. EXCEPT that oortion tfiereof lyin; So+.~therly of the fQI~OYlITfQ described line: 3egtnning at a point on thc Nes[erly line thereof North 0° 17' 34" West ;84.?.ti feet from the Southwesterly corner thereof; thence South 69° 50' S0" East 248,85 feet to the Soutfiwesterly Iine of said Nest Street; [hence at rlght angies to the center line of said West Streei. t~orth 74° lq' S6" East 33.00 feet to the Easterly line thereof, ALSQ EXCEPT that portion thereof lying Northwesterly of the following dcscribed line: Beginning at a point on the Westerly line thereof, South 0° 17~ 34" East 157.76 feet from [he t~orthwesterly corner thereof; thence ~lorth 74° 25' 12" East 174.83 feet to the Soukhrresterly line of said West Street; thence at rlq~ht angles to the ce~ter line of said West StrPet, North 74 ~9~ 56" East 33.00 feet to the Easterly line thereof. WHEREAS, the City Planning Commission did schedule a public heari~g at the Lity Hall in the City of Anahetm on August 28, 197(i, at 1:30 p.m,, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Lhapter 18,03, to hear and constder PC78-218 ,~ evidence for and against said proposed variance and to investfgate and make findings and recommendations in connection therewith; satd r.ublic hearing having been continued to the Plan~:ing Commission meeting of September 25, 197s; and 4lFIEREAS, said Commisslon, after due tnspection, i~vestigation and study made by itself and in its behalf, and after due consideration of al~ evidence and reports offered at said hearing, does find and determinc the followin~ fac[s: 1, Tha[ the petitioner proposes a waiver of the followina to construct a 102-unit motel: SECTIOf! 18.05.OEO.J243 - Minimum number of parkin soaces. 102 spaces required; 7 spaces proposed) 2. That the above-mentioned r~aiver is hereby granted on the basis that the petitioner demonstrated chat a hardship exists due to the irregular shape of the parcel which is trapezoidal and also on [he basis that similar parking waivers have been granted 6y the Planning Commission in the past for motel uses since a certain percentage of auests arrive by transportation nodes other than private automobiles. 3. That the proposed use will not adversely affect the adJoinfng land uses and the 9rowth and development of Lhe area in rihich it is proposed to be locaied. 4. Thai the size and shape of the site proposed for the use is adequate to aliow the full development of the proposed use 1~ a manner not detrimental to the particular area nor to the peace, health, safety, and general weifare of the Citizens of tfie City of Anaheim. 5. That the granting of thc Londitfonal Use Permit under the conditions imposed, if any, will not be detrfinental [o [he peacc, health, safety and general wclfare of the Citizens of thc City of Anahefm. 6. That no one indicated their presence at said puhlic hearing in opposition; and that no correspondence o~as received in opposi[ion to the subJect peti[ton. E17VIRONMENTAL IMPACT FINCING: Tha[ the Anaheim City Planning Commission has reviewed the proposal to construct a 102-unit motel with o~aiver of minimum number of parki~g spaces on an irregularly-shaped parcel of land consisting of approximately 1.3 acres having a frontage of z~pproxinately 3~z feet on [he southwest side of ~lest Street having a maximum depth of approximately 2J~9 feet, being located approximately 395 feet northwest of the ccnt2rline of Ball Road; and does hereby approve the Negative Declaration from thie requirement to prepare an environmental impact report on [he basts that there would be no significant Individual or cumulative adverse environmental impact due to the approval of this Negative Declaratton since the Anaheim General Plan design;~tes the subJect property for commercial recreation land uses corranensurate with the proposal; [hax no sensitive environmental impacts are involved in Lhe proposal; that the Inttial Study submitted by the petitioner indicates no significant indiv(dual or cumulative adverse environmental impacts; and -2- PC78-218 • r. that the IJegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, TNEREFOP,E~ DE IT RESOLVED that the Anahei~ Clty Planning Lortmission does hereby grant subiect Petition for Condltional Use Permit, upon the foilowing conditions which are hereby found to be a necessary prerequlsite to the proposed use of the subJect property In order to preserve the safety and general welfare of [he C(tizens of the City of Anaheim: i. That ~idewalks shall be installed alon9 uest Street as required by the CitY Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2, That street lighting facilities along 61est S[reet shall be fnstalled prior to the final buildin9 and zoning inspections, unless otherwi~e approved by the Director of Public Utilities, and in accordance with standard specifications on file in the office of the Director of Public Utilities; and/or tha[ a bond, certificate of deposit, letter of credit, or cash, in an ar.wunt and form satisfactory to the City of Anaheim, shall be posted a~ith the City to guarantee the installation of the above- mentioned requirements prior to occupancy. 3, That trash storage areas shall he orovided in accordance with approved plans on file rrith the Office of the Director of Public WorG;s. 4. Tha[ firc hydrants shall be installed and charged, as required and determined to be necessary by [he Chief of the Fire Depar[ment, prior to commencement of structural framing. 5. That subJect proper[y shall be servecl by underqround utili[tes. 6, That drainage of subject property shall be disposed of in a manner satisfactory to thc ~Ity En~ineer. 7. That the owner(s) of subject property shall pay [he cocmercial traffic signal assessmeni fee (Council Policy No. 214) amounting to S~BQ.00 per 1000 square feet of building or £raciton thereof prior to the issuance of a building permit. 8, That this Variance is granted subJect to the completion of Reclassification No. 66-G7-61. now pending. 9, That subJect proper[y shall be develooe~ substantially in accordance with plans and specificattons on file with the City of Anaheim marked Revision No. 1 of Exhibtt Nos. 1 through 4. 10. That Condi[ton Nos. 2 and 8, above menttoned, shall be complied with prior [o the commencement of the activity authorized under this resolution, or prior to [he time that the bullding permit is issued, or within a period of one year from date hereof, whlchever occurs ftrs[, or such further time as the Planni~g Commission may grartt. -3- PC78-218 ' , ~' , } 11. That Conditton ~Jos. 1, 3, 5, 6 and 9, above mentioned, shall be complied with prlor to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anahcim City Planning Commission does hereby find and determine tf~at adoption of this Resolucion is expressly predicated upon applicant's compliance with each and all of the conditions heretnabove set forth. Should any such condttion, or any part thereof, be declared invalid or unenforceable by the final judgment of any court af competent Jurisdiction, then this Resolution~ and any approvals herein contained, shall be deemed null and void. THE FOREGOII~G RESOLUT10~1 is signed and approv d by me this 25th day of September, 1978. ~ ~ H,MAN, AN HEIM C Y LANNIMG CO!1MISSION ATTEST: •~~ .~ ~~ SECR'cTARY, AiJAHEIH CITY PLAtJNING COMMISSIOtI STATE OF CA~IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIN ) I, Edith L. Harris, Secretary of the Anahein City Planning Commission, do hereby certify that the foregoing resolution r~as oassed and adopted at a meeting of the Anahcim City Planning Commission held on Septe~nber 25. 1378 at 1:30 p.m.~ by the following vote of the members thereof: AYES: COMHISSIONERS: 6ARNE5, DAVID, HERBST~ JOH!lSON, KIlJG, TOLAR NOES: COMMISSIONERS: NONE ABSENT: CO`iNI5SI0~~ER5: q01~E VACAtJY: ONE SEAT IN WITkESS NHEREOF, I have hcrcunto set my hand this 25th day of September~ 1978. ~~r~ ~ ~~. '. SECRETARY, ANAHEIM CITY PLAt1Nih COMMISSION -y- PC78-218