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PC 78-281RESOLUTIOM N0. PC78-281 A RESOLUTION OF TNE ANAHEIM CITY PLANNING COM~I~SSION THAT PETITION FOR C0~lDITIONAL USE PERNIT N0. 191y BE DENIED NFfEREAS~ the Anaheim City Flanning Commission di~i receive a~ierified PetitTon for Conditional Use Permi[ from HOSSE~N TAVAKOLI ANp JAFRR JAHANPANAN~ 631 Sandic-wood, la Habra, Callforn(a 90631. owners, and SEYEO N. DOROUDI. 631 Sandlewood~ La Habra, Lallfornia 90631. agent, of ceriain real property sttuated in the CTty of Anaheim, County of Orange, State of Catifornia, described as: A portion of Lot 7 1n Block 17 of a subdivision of the Sou[h half of Section 21, in Township 4 Soutli. Range 10 West, in the Rancho Las Bolsas. recorded in Book 51. page 7, and 'ollowTng~ Miscellaneous Maps, records of said Oranye County, as shown on a Map thereof recorded (n Book 1~ page ~3~ MTscetlaneous Haps, records of said Orange County. described as foll~r.s: Beginntng at the Southwest corner of said Lot 7; Lhence North 0° 40' 20" East 669.60 feet along the Wes[ line of satd lot ta th~ Northwes[ corner the~eof; ehence South 89° ~3' S0" East 339.G0 feet along the North li~e of said loc; thence South 0° 33' 10" West G68.A7 feet to the South line of sald Lot 7; thence North 89°5l' 10" West 340.40 feet along saiJ South line to the point of beginntng. Except the West 150.00 fcet thereof. Atso except the North 300.00 feet thereof. 41so except therefrom an undivided 4/5ths in[erest in the Sou[h 50.00 feet of the East 12.5 feet of satd land, NHEREAS~ the City Planntng Cammission dtd hold a pubiic hearing at the CTty Hall in the Ctty of Anafielm o~ December 4, 1478, at 1:30 p,m.~ notice ~f s~Td pvbllc hearing having been duly gTven as requi~ed by law and in accordance with the provisions of the Anaheim MunTcipal Lode~ Chapter 18.03, to hear and constder evTdence for and against said proposed condittonal use and to Tnvesttgate and make findings and ~ecommendatTons in connection therewtth; and WHEREAS~ satd Comm-sslon, after due inspection, TnvestTgatton and study made by itself and in its behalf, and after due consideratio~ uf atl evidence and reports offered at said hearing. does find and determine the following facts: 1, That the proposed use is prope~ly one for which a conditional use permit is authorized by Anahetm Aunic(pal Code Sectlon 18.44.050.160 to permTt a motel and accesso~y restaurant with a waiver of: SECTION 18.44.Ob2.011 - Maximum st~uc[ural hei ht. eet perm tte ; 1Q and 17 feet proposcd) 2, That the proposed use is hereby denTed on the basls that a motel and restaurant wlth Lhe resultant [raffic would have a detrimental impact on [he adJacent PC78-281 residential arca to the north; that the proposed 10 to 17 foot high bullding would have an adverse visuai lmpact on the residences if locatcd only 5 feet from the separating property line; and that the 20-foot wide landscaped buffer typlcally required by the Planning Commission betNeert commercial developments and restden[tal property has not been provided. 3. That the proposed use will adversely affect thc adJoining land uses and the growth end d-velopment of the area in which it is proposed to be located. 4. That the sTze and shape of thc site proposed for the use is not adequate to allow the full development of the proposed use In a manner not detrimental to the par[Tcular area nor to the peace. health, safe[y. and general welfare of the Ci[tzens of the City of Anaheim. 5. That the granting of the Conditional Use Permit r~ill be detrimental to the peace, healch, safety and general welfare of the Cltizens of the City of Anaheim. 6. Tha[ approxtmately 7 persons tndicated their presence ac sald public hearing in opposition; and that no correspondence was received in opposTtTon to Che subJec[ petition. EIIVIRONME-~TAL It".PACT FINDING: That thc Anaheim City Plannl~9 CommissFon has reviewed [he proposal to rec assi y subject proDerty from the RS-10,000 (Residen[iai~ Single-Family) to thc CL (Lommerctal, Limited) Zo~e to permtt a mottl Hith an accessory restaurant wlth a waiver of maxtmum structural height on a rectangularly- shaped parcel of land consisting of approximately 1.<< acres, having a frontage of approximately 189 feet on the north side of Katella Avenue. having a maximum depth of approximately 328 `eet. end being located approximatcly 498 feet r+est of the centerlTne of Bayless Stree[; and does hereby disapprove the Nega[ive Declarat(on from the requirement to prepare an environmental impact report on the basis that there would be signtficant individual or cumulative adverse enviromnental impact due to the approvat of thFs Negative Declaration stnce Lhr_ Anaheim ~eneral Plan designates the subject property for commercial profcssional land uses cocmensurate with the proposal; that sensitive envTronmental tmpacts are involved in the proposal; that the Initial Study submitted by the petitloner tndicates signlficant Individual or cumulative adverse environmen[al Impacts; and that the tlegatTve Declaration substantiating the foregoTng findJngs is on file tn the City of Anahelm Planning Department. NOV. THEREFORE. BE tT RESOLVED that the Anaheim City Planning [ommiss!on does hereby deny subject Petttion for Conditional Use Permtt on the basis of the aforementioned fTndTngs. THE FOREGUtNG RESOLUTtON is slgned a~d approved by me this 4th day of Oecember~ 1978. ~, IM LANN NG COMMI ON ATTEST: 3~ZFi~T , N H M 1~ LANNING COMMIS ION -2- Pc78-28t STATE OF CAIIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Edith L. Harrls, Secretary of the Hnaheim City Pianning Commisston, do hereby certify that the foregoing resolution was passed and adopCed at a meetTng of Lhe Anahelm City Planning Commission held on December 4, 1978, at 1:30 p.m., by Yhe following vote of the members thereof: AYES: COMHISSIONERS: BARNES, BUSHORE, DAVID~ HERBST~ KlNG~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMNISS~ONERS: JOHNSON IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December~ 1978. ~x~~ SECRETAFY~ ANAHEIM CITY PLANNiNG COHMISSION -3- PC78-28t ~