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PC 78-220J - RESOLUT~OH N0, PC78-220 A RESOLUTION OF TNE ANANEIM CITY PLANNING CO"'115510N THl1T PETITION FOR CONDITIONAL USE PEP,tiIT N0. 18$6 BE GRP.NTED, IN PART NHEREAS, the Anahefm City Ptanning Commtssion did ~ecelvc a verifled Petitton for Conditlonal l;sc Pcrmit from KALYANJt Y.. MOTA~ 2~12 Uest Lincoln Avanu~~ Anahelm, California °2801, owner of certain real property s(tuaced in the Gity of Anaheim, County of Orange, Statc of California, described as: The Easteriy 95.OD feet of the southerly 330.00 fee[ of the northerly 396.00 feet of that portion of the norihwest quarter of section 13, Township 4 Sou[h. Range 11 Nest, in the Rancho Los Goyotes, City of Anaheim, Coun[y of Orange, State of California~ as per map recorded in book 51 pa9e it of Miscellaneous Maps. records of said county. described as follows: Be9i~ning at a point on the north line of said section, North 89a 41' 15" East 1162.30 feet from the northwest corner thereof; thence South C~ 10' S5" East 1;38.22 feet to a point on the south line of the north half of [he nor[hwest qu~rter of said sec[ton, North 89° 37' 30" East 11G2.58 feet from the in[ersection of sald ?'.ie with thc wesE linc of said sec[ion; thencc South 89° 37' 30" ~lesi 134.53 feet along said south ;ine; thence north Oo iJ' 15" West 133a.45 feet parallel with the west line of said section to the ~~orCh Ilne thereof; thence North $9n 41' 15" East 184.30 fee[ to the point of beginning. EXCEPT the westerly 3.OD fe~t of the southP~!y 230.00 feet thereof. WFIEREAS, the Ci[y Planning Commission did schedule a pubifc hearing at the City Hall in the City of Anaheim on September 11. l?78, at 1:30 p.m., notlce of said public hearing having been duly given as required 6y law and in accordance wtth the provisions of the Anaheirn Hunicipai Cade, Lhap[er i$.03, [o hear anJ consider evidence for and against said proposeu condltional use and to investigate and make findings and recommenda[ions in connection therewith; said pubiTc hearing havtng been continued to the Planni~g Commission meeti~g of September 25. 197~; and WNEREAS~ said Commission, after due inspection, inves;ioation and study made by itself and in its behalf, and after due consideratton of all evidence and reports offered at said hearing, does find a~d determine the following facts: 1. That the use Is properly one for which a conditional usa permtt is authorized by Anaheim Municipal Code Section 16.44.050.160 to wtt: to permit expansion of a motel with waiver of: Section 18,44.063.040 - Maximum structurat setback. 10 eet required rom Rlt-1200 zoning; 2~eei proposed) 2, That the proposed waiver is hereby denicd on the basis that there are no unique circumstances applicable to this property and that the petitioner stTpulated at thc public hearing to abide by the Code requirements for minimum structural setb~ck by decreasing the number of units and that revtsed plans will be PC78-220 ;" ~~ sub:nitted to the Planntng Commission for thcir review and approval prlor to the issuance of buTidin9 permits. 3, That the proposed use. as granted, will not advcrsely affect [hc adJoining land uses and thc qrow[h and developmen[ of tt~e arca in which it is proposed to be located. 4. That the si•.e and shape of [hc site proposed for the use, as granted, is adequatc to allow the f~ll developr~ent of thc proposed use in a ma~ner not detrimental to the particular area nor to thc pcace, health, safecy. and general welfare of the Citizens r,f the City of Anahetm. 5, Tha[ the Condi[ional Use PernTt, as granted~ and under the condittons imposed. will not be detrimcntal to the peacc~ heal[h. safety and general wclfare of the Citizens of the City of Anaheim. 6. Tha[ no on- indicated [heir presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIROIIMEt~TAI iMPACT FINDING: That th~ Anaheln City Planning Commission has reviewed the proposal to reclassify the prooerty from the RS-A-43,000 (Residential/Agricultural) to che CL (Corm~erciai. Limited} zone to expand a mo[el with a rfaiver of maximum structural setbac4 on a rectangularly-shaped parcel of land consisting of approximatcly 0.7 acre, having a froncagc of approximately 95 feet on the south side of Lincoln Avcnuc, having a naximum dca[h of approxinately 330 feet being located approximatelv 1060 feet ease of the centerline of Beach Boulevard; and does hcreby approve thc Negative Declaration from the requlrement to prepare an environmental impact repor[ on the basis that there would be no stgnifican[ individual or cumulative adverse environmentai impact due [o the approval of this Negative Declara[ion since the Anaheim General Plan desianates the subJect property for general cortmercial land uses cormiensurate with [he proposal; that no sensitive envtronmentat impacts are invofved in tf~e proposai; that the ini[iai S[udy submiCGed by thc pctttioncr indicates no significant individual ~r cumulative adverse environmental impacts; and [hat the Negative Oeclaratio~ substanttafing the foregoing findings is on file in the City of Anaheim Planning Departmen[. NOW~ TNER[fORE, BE IT RESOLVED that the Anaheim City Planning Commfssion docs hereby grant, in part, suhJect Petitton for Conditional Use Permit, upan the followin9 conditions which are hereby found to be a necessary prerequlsite to the proposed use of the subjec[ property in order to preserve the safety and general weifare of [he Ci[izens of the City of A~aheim: 1. That this Conditional Use Permi[ is granted subject to the comptetion of Reclassification No. 78-79-12, now pe~ding. 2. That the orm er(s) of subject property shall pay the cor•merctal traffic signal assessment fee (Council Poticy No, 214} amounting to 5180.00 per 1000 square fe~.t of the bullding or fraction thereof prior [o the issuance of a building permlt. 3. That subJect property shall be developed in accordance Hith plans and spccifications on fite Mith the City of Anaheim marked (Revislon No. 1) Exhibit -10. 1; provided, however, thac kitchen efficiency units with a maximum of 6-cubT:; foot -2- PC78-220 ~ . { t refrfgerators, two-burner stoves, excludtng oven and baking facilitfes, :and single compartment stnks may be installed~ excep[ that the manager~s uni[ will be allowed to have full kitchen facilitles; and provtded that development shall be in fut! accordance Ntth all applicable "CL" Commercial, Limi[ed stanrzrds, including structural se[back. 4, That revised plans shall bc submiLted for Planninct Commission review and approval prior to the issuance of buliding permfts, s~id plans showing the necessary reduction in the number of uni[s [o co~ply with the setback reauJrements of thc City of Anaheim Codc. BE 1T FURTHEP. RESOLVED that the Anaheim City Planning Commisston does hereby find and detcrmine that adop[lon of this Resolu[ion is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set iorth. Should any such condition, or any part chereof, be declared tnvalid or unenforceable by the final judgmen[ of any courc of competen[ )urisdi~tion, then this Resolution, and any approvals hercin contained~ shall be deemed null and void. THE FOREGOING RESOLUTIOtJ is signed and approved by ne this 25ch day of September, 197s. A ti H, ANAfi i T ~Itt f tJG CG!'!'S 1 SS I ON ATT[ST: SECRETARY, ANAHEIM CITY PLFiNfllt~G GONHISSIOH STATE OF CALlFORt~IA ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) I. Edtth L. Harrts, Secretary of the Anahetm Ctty Planning Commission, do hereby certlfy that the foregoing resolution was posscd and adopted at a meeting of the Anahcim City Planning Commission held on September 25. 1978 at 1:30 p.m „ by the following vota of the members thcreof: AYES: COMMISSIONERS: BARNES. DAVID, HERBST, JONNSON, KING. TOLAR NOES: LOMMISSIONERS: NOtIE ABSENT: CO"1MISSIONERS: tJOt1E VACA~lY: ONE SEAT 1978. (tt UITNESS WNEREOF, I have hereunto set my hand this 25th day of September, ~~~~~~~ SECRE7ARY~ ANAMEIM CITY PLAI~NING COMHISSION -3- Pt78-220