PC 78-247;-
RESOLUTION N0. PC 7a-247
A RESOLUT~Op OF THE AIIAHEIM CITY PLANNING COHHISSI01!
THAT PETITIOIJ FOR 'JARIAFILE N0. 3056 8E GRAtZTED
WHEREAS, the Anaheim City Planning Commtssion did reccive a verifted
Petition for Variancc fro:n BADALIAN ENTERPRISES, INC., 1540 South Harbor Boulevard,
Anaheim, California 92802~ owner. and HAI L. TAN. 73Q North Euclid Street, Anaheim,
Californla 92801, agent, of certain real property situated in [he City of Anaheim,
County of Orange, State of Lalifornia described as:
THE SOUTH tA0.00 FEET OF THAT PORTI0~1 OF THE NORTfI HALF OF THE
NORTHI+EST QUARTER OF TlIE NORTHWEST QUARTER OF TNE SOUTHEAST
QUARTER OF SECTION 22, T061NSHIP 4 SOUTH. RAtIGE 10 WEST, I!! THE
RANLHO SAIJ JUAt7 CAJON DE SANTA A~~A. CITY OF ANAHEIN, COUtITY OF
ORANGE, STAT[ OF LALIFORNIA, AS PER MAP RECORDEO II! BOOY. 51 PAGE
10 OF MISCELlANE0U5 MAPS~ IN THE OFFILE OF THE COUNTY RECORDER OF
SAI~ COUNTY, LYIt~G NORTHERLY OF Tf±E FQLLOWING DESCRIBED LINE:
BEGINNING AT A P01l~T Ot~ THE WEST LINE OF SAID SOUTHEAST QUARTER
SOUTf{ p° 14' 30" EAST, 298.k0 FEET FROM TFiE CE~tTER OF SAIO
SECTION, SAID CENTER BEING THE ItJTERSECTION OF SAID UEST LINE ~IITH
THE CEt~TER LINE OF CERRITOS AVEtIUE; THEI7CE NORTf1 89° 55' 00"
EAST, 660.7Q FEET TO A O~JE-INLN IROt~ PIPE AS SHOWt! OtJ A HAP FILED
IN BOOK 15 ?AGE 4 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUilTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Pianning Cor+ir~ission did hold a publlc hearing at the Lity
Hall in th. City of Anahein on October 23. 1973, 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, Chapter 18,03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WIIEREAS~ said Comrnission, after duc inspec[ion, investigation and study made
by itself and in i[s behalf, and after due consideration of all evidence and reports
offered at said hearing. does find and determine the following facts:
t. That the petitioner preposes a waiver of thc following to expand an
existing motel and restaurant:
SELTION 18.06.060.0243 - Minlmum number of parking spaces.
{200 spaces requlred;
135 spaces proposed)
2, That the above-mentioned waiver is hereby granted on the basis that
information presented at the pubilc hearing Indicated the use resembles a hotel more
than a motel and therefore needs fewer parktng spaces; that the use does not warrant
the number of parking spaces required for a motel in that a s{gnificant percentage of
the guests arrive by transportation modes other tha~ privata automobtles; and also
that the Planning Commisslon has previously 9ranted similar variances to other
properties (n the genera! vicinity and denial would be depriving this property of a
prlvilege being -njoyed by other properties in the same zone.
PC78-247
3. That there are exceptional or extraordtnary circumstances or condltions
applicable to the proper[y involved or to the lntended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation a~d
enjoyment of a substanilal property right possessed by other property in the same
vicinity and zone, and denied to the property in qucstion.
5. That the requested varlance wilt not be matcrlally detrirr~tr~tal to the
publlc welfare or injurious to the property or Improvements l~ such vicinity and zone
in which the property is located.
6. That no one fndicated their presence at said public hearing in
oppositlon; and that no correspondence was received in opposition to the subJect
petition.
EPlVIRONMENTAL IMPAGT FII~DING: The Plannfng Director or his authorized
representative has determined that [he proposed project falls Hi[hin the definitton
of Ca[egorical Exemptions, Classes i and 5. as defined in Paragraph 2 of the City of
Anaheim Environmental Impact Report Guidelines and is, therefore. categorically
exempt from the requirement to prepare an EIR.
t~Ow, TtIEREFORE. BE IT RESOLVED that the Anahcim Clty Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to tha proposed use of the subJect
property in order to preserve [he safety and general welfare of [he Citizens of the
City of Anahcim:
1, That trash s[orage areas shali be provided in accordance with approved
plans on file with :he Office of the Director of Public Works.
2, That appropriatc water assessment fecs as deternined by the Director of
Public Utiiities stiall be paiJ to the City of Anaheim prfor to the issuance of a
building permit.
3, That the owner{s) of subject property shall pay the traffic signal
assessment fee (Council Policy No. 214) amountTng to 518~.OQ per 1000 square feet of
restaurant and motel buildin9s or fraction thereof prior to the issuance of a
buiiding permi[.
4, That subject property shall be developed substantiatly in accordance
wit5 plans and specifications on file wtth the City of Anaheim marked Exhibi[ Nos. 1
through 4; provided, however, [hat if any ki[chen efficiency units are shown on the
approved exhibits, such specificd units may inctude a maximum of 6-cubic foot
refrigerators, two-burner stoves, excluding oven and baking faciiities. and single
compartment sinks. except that [he manager's unit wlll be allowed to have full
kitchen facilities.
5. That Condltlon Nos. 1 and 4~ above-mentioned~ shall be complied with
prior to final building and zoning Inspectlons.
BE iT fURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoptfon of this Resolution is expressly predicated upon
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applicant's compliance with each and all of the conditions hereinabove set forth.
Shoutd any such condition, or any part thereof, be declared invalid or unenforceablc
by the final Judgment of any court of competent Jurlsdictio~, then this Resolutton,
and any approvals herein contained~ shall be deemed nuli and void.
THE FOREGOING RESOLUTION is signed and approveJ by me this 2~rd day of
October~ 197a. • ~
, AN EI ITY PLANt~ING COHMISSION
ATTEST:
..~~-~ ~ 7J~,~..~
SECftETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF ANAHEIN )
I, Edith L. Harr(s, Secreiary of the Anahetm CTty Planning Commisslon, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Plan~ing Commtssion held on October 23, 1978, at 1:30 p.m., by the
followtng vote of the members thereof:
AYES: COMMIS51011ER5: BARNES, BUSHORE. DAVID. HERBST, JOHt~50N. KING, TOLAR
NOES: COMM15510NER5: NO!!E
ABSENT: CO*4'115SIONERS: NONE
It~ wITt1E55 4M EREOF, i have hereunto set my hand this 23rd day of October.
t978.
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SECRETARY~ At1AHElt1 CITY PIANNING COMMISSIO~~
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