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PC 78-221RESOLUTIOFt ~IO. PC 78-221 A RESOLUTION OF THE ANAf1EIM C~TY PLANNIqG CO`1MISSION THAT PETITION FOR VARIAI~CE N0. 3047 BE 6RANTED, IN PART WHEREAS, the Anahetm Li[y Planning Commission did receive a verifted Petition for Vartance from LEE 0, UE88, 505 Nor[h Tustin Avenua n"170, Santa Ana, California 92705, owner of certain real property situatecf in the Ctty of Anaheim, County of Orange, Sta[e of California described as: PARCEL 2, IN TNE CITY OF ANANEIM, LOUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN 0~1 A PARLEL M/1P FILED IN BOOK 9II PAGE 39 OF PARC~L MAPS. IN THE OFFICE OF THE LOUNTY RECORDER OF SAID COUNTY. WHEREAS, the Gity Planning Commission did schedui~ a public hearing at the City Hall in [he City of Anahelm on Septem6er 11, 19)fi, a[ 1:30 p.m., notice of said publlc hearing having been duly given as required by law and fn accorda~ce with the provisions of the Anaheim Munfcipal Code, Chapter 18,03, to hear and consider evtdence for and againsc said proposed varlance and [o investigate and make findinas and recommendations in connection therer~ith; sald public hearing having been continued to the Planntng Comr~ission meeting of September 25, 197$, and WHEREAS, said Commission, afier due inspectfon, investtgatfon and study made by itself and in its behalf, and after due considcraLlon of all evidence and reports offered at sald hearing, does find :ind determine the following facts: 1. Tha[ the petitioner proposes a wafver of the following to construct a motel: (a) SECTION 18,04.045.011 - Mintmum front setback. 35 ee[ reouired rom Harbor Boulevard; 1~ et proposed) (b) SECTION 18.Ob.060 - Minimum number of arkinq spaces. 2Q s aces requlred; 1 0~ proposed) 2. That the proposed waiver (a) is hereby denied on the basis that [he petitioner stipulated to relocate [he trash enclosures to inside the courtyard thereby eliminatin~3 the need for the wa(ver; and that revised plans shal! be submttted to and approved by the Ptanntng Commissfon prior [o the issuance of building permits. 3. That [he proposed waiver {b) is hereby granted on the basls that similar parking waivers have been granted in the past by the Planning Lommission on the basis that a certain percencage of the motel guescs arrlve by transportation modes other than private automobiles. 4. That there are exceptional or extraordinary circumstances or cond(tions appllcable Co the property invoived or to the intended use, as granted, of the property [hat do not apply generally to the proper[y or class of use in the same vicinity and zone. PC78-22t 5, That the requested varlance, as granted, is necessary for the preservation and enJoyment of a substantial property right possessed by other property in the same vicinity and zone, and dented to the property in questlon. 6. That the requeste~ variance, as granted, will not be materially detrimental to the public welfare or inJurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at sald public hearing in opposition; and that no correspondence was ~eceived in opposit(on to [he subject pe[ition. ENVIRONMEtdTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed proJect falis within the definition of Categorical Exemptions, Class 5, as defined in Paragraph 2 of the City of Anaheim Environmental Impact aeport Gutdelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOL~'ED that the Anaheim City Plannin9 Commfssion does hereby grant, 1~ Par[, subject Petition f~r Variance, upon the foliowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Gitizens of the Lity of Anaheim: t. That sidewalks shall be installed along fiarbor doulevard as required by the Ctty Engineer and in accordance with standard pians and speci`lcations on ftle in the Office of the City Engineer. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of ninety-five (95t) cents per front foot along Har6or Boulevard for tree planting purposes. 3, 'nat trash storage areas shall be provlded in accordance with approved plans on file with the Office of the Director of Public WorY.s. 4. That fire hydrants shali be installed and charged as required and determined to be necessary by the Chief of the Fire Department prio~ to commencement of structural framing. 5. That su6ject property shali be served by underqround utilities. 6. That drainage of subJect property shalt be disposed of in a manrter satisfactory to the City Engineer. 7, That subJect property shall be developed substanttally in accordance wlt~i plans and specifications on file with the CiLy of Anahaim marked Exhibit Nos. 1, 2, and 3; provided, however, [hat kltchen efficiency units ~ith a maximum of 6-cubic foot refri erators, [wo-bur~er stoves, excluding aven and baking factlities, and single compartment sinks may be installed, except that the manager's unlt will be allowed to have full kitchen facilities; and that Lhe trash enclosures shall be reiocated from the front 35-foot setback to the Ineerior of the motel canplex and that a inaximum of Cwo parking spaces shall [hereby be eliminated. 8. That Condition No. 2, above-mentioned, shall be complied with prior to the commencement of the activlty authorized under ti~is resolutlon, or prior to the -2- PC7$-221 time that the bui)ding permit is lssued, or within a perlod of one year from date hereof. whichever occurs ~Irst, or such further tlme as the Plennfng Commtsslort may grant. g, Tha[ Condition Nos. 1, 3, 5.6 and 7, above-mentioned, shall be complied with prlor to final bullding and zoning tnspections. 10. That revised plans showing the modirled trash enclosure locations shall be submttted to and approved by the Planning Commission prior to lssuance of a building permit. BE IT FURTHER RESOLVED that the Anaheim City Planntng Cortxnission does hereby find and determine that ado;[ton of thi- Resotution is er.pressly predicated upon appllcant's compliance with each an~ all of the conditions hereinabove set forth. Should any such conJition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court o` competent Jurisdiction, [hen this Resolution, and any approvals herein contained, shall he deemed nuli and void. THE FOREGOING RES6LUTION is stgned and approved by me this 25th day of September, 1978. ~. , AN HE ~ Y LANJING LOMMISSION ATTEST: ~~ .~ ~1~. SECRETARY, ANAHEIM CITY PLANNING LOMM15510N STATE OF LALIFORNIA COUNTY OF ORAt~GE ) ss. CITY OF ANAHEIPt ) I, Edith L. Harris, Secretary of the Anaheim Ci[y P1anning Commission~ do hereby ce~tify thaC the foregoing resolution was passed and adopte.d at a meeting of the Anaheim City Planning Comnissio~ heid on September 25, 1978 at 1:3~ P•m., by [he foltowing vote of the members thereof: AYE5: COHNISSIONERS: BARNES, DAVID, HERBST, JOHN504, KING, TOLAR t~0E5: COMMISSIONERS: NONE ABSENT: COMMISSIOHERS: NOIIE Vq~pNY: 0~7E SEAT IN WIT~~E55 WHEREOF, I have hereunto set my hand tht, 25th day of September, ~978. ~~! rl .! s~4~~~---~- SECRETARY~ ANAHEIM CITY PLANNING COMM15510N -3- PC78-22t