PC 79-152RE50LUTION N0. PC 79-152
A RESOLU710N OF TNE ANAHEIM CITY PLANNING COHMISSION
TtiAT PETITION FOR VARIAtICE N0. 3~03 BE GRAt~TED
WNEREAS, the Anaheim City Planning Commisslon did receive a verlfted
Petition for Variance from BHIKHU PATEL A~D PUSHPA 8. PATEL, AND KHUSI~AL N. PATEL AND
LALIVATI K. PATEL, 1769 South West Street, Anaheim, Californla 9zg02. owners of
certain real property situated in the City of Anahetm, County of Orange, 5[ate of
California described as:
Parcet 1, tn the City of Anahelm, as shown on a map recorded in
book 78, page 42 of Parcel Maps, records of said Orange County.
WHEREAS~ the City Planning Commisston did schedule a public hearing at the
City Hall in the Clty of Anaheim on July 16. 1979, at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance wlth the
provisions of the Anaheim ~iunicipal Code, Chapter 18.03, to hear and consider
evidence for and a9ainst said proposed variance and to investigate and make flndings
and recommendations in connection therewlth; said public hearing having been
continued to the Planning Commission meet)ng of Juty 30, 1979, and
WHEREAS, said Lommissi~n~ after due inspection, inves[igatfon and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at satd hearing, does ftnd and determine the foltowing facts:
1. That the petitioner proposes waiver of the foliowing to construct a
three-s[ory, 40-untt mo~el:
SECTION 18.06.060.0243 - Mininum number of arkin s aces.
i requ r~ ;
28~ proposed)
2. 7hat the above mentioned a~afver is hereby granted on the basis that the
petitioner demonstrated that a hardshtp exists in that a certaln percentage of the
guests arrive by transportation modes other than private automobile and, [herefore~
fewer parki~g spaces per motel unit are needed; and on the basis that denial would
deprTve subJect propercy of privileges being enjoyed by other property under
identical zontng classification in the cortmercial-recreational area.
3. That there are exceptlonal or extraordi~ary circumstances or conditions
applicable to the property involved or to the intended use af the properiy that do
not apply generally to the property or class of use in the same vicintty and zone.
4. That the requested varia~ce Is necessary for the preservation and
enJoyment of a substantial property rlght possessed by other property tn the same
vicinity and zone, and denied to the property in question.
5. That the requested varlance will not be matertally detrimental to the
public welfare or injurlous to the property or tmprovements in such victnity and zone
in which the property is located,
PC79'152
6. That one person indicated hfs presence a[ the pubilc hearing on July
16, 1979, in opposition; and that no correspondence was receivad i~ oppositTon to the
subJect petition.
ENVIRONMENTAL IMPACT FINDING: Tha[ the Anah~O~unitY motelinwith~waiver ~of
reviewed the proposa to construct a three-story,
minimum number of parking spaces on a rectangularly-shaped parcel of land conststing
of aparoximately 0.4 acre having a frontage oT approximately 70 feet on the south
side of Ball Road, having a maximum depth of approximately 277 fect, and beTng
located approxima[ely 42S feet east of the centerline of West Street; and does hereby
approve [he Negative Declaration from the requtrement to prepare an environmental
impact report on the basfs that there woutd be na si9nificant individual or
cumulative adverse tnvironmental impact due to the approval of this Negative
Declaration sincc the Anaheim General Plan desi9nates the subJect property for
cornmercial-recreatlon land uses cortmensurate with the proposal; that no sensitive
environmental impacts are Involved in the proposal; that the Initial Study submltted
by the petlcioner indtcates no signfficant indiviJual or cumulative adverse
environmental impacts; and that the Negat~ve Declaration substantiatina the foregoing
findtngs is on file in the City of Anahcim Planniny Department.
NOW, THEREFORE. BE IT RESOLVED [hai the Anaheim City Pianning Commission
does hereby grant suhJect Petition for Variance, upon the following condltlons which
are hereby found to be a necessary prerequisite to [he proposed use of [he subject
property in order to preserve the safety and general welfare of the Litizens of the
Cicy of Anaheim:
1, That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public uorks.
Z, That subJect property shall be served by underground utiltties.
3, That drainage of subject proper[y shall be disposed of in a manner
satisfactory to the City Engineer.
4, That the owner(s} of subject property shall pay :`c Lraffit signal
assessment fee (Ordinance No. 3a96) in an amount as determtned by the City Council,
for each n~w motel unit prior to the issuance of a building permit.
5, That the owner(s) of subject property shall construct a textured
concrete medlan i~ the cen[er of Ball Road beglnnin9 at a potnt even wiLh the West
curb face of West Stree[ (where sald street intersects the north side of Ball Road)
and extendfng westerly 220 feet.
6. That subJect property shall be developed substantially in accordance
with plans and specifications on file rrith [he Clty of Anaheim marked Exhiblt No. 1
(Revision No, i) and Exhibit Nos. 2 through 5: and/or provided; however, that kitchen
efficiency unies wlth a maximum of 6-cubic foot refrlgerators; two-burner stovcs,
excluding oven and baking facTlittes; and single compartment slnks may be i~stalled;
except that the manager's unit ~riil be aliowed to have full kitchen facttltles.
7, That Condicion Nos. 1, 2. 3. 5 and 6, above-mentfoned, shal) be
complled witt~ prlor to final buliding and zoning inspections.
_2- PC79-~52
• ~ 1
BE IT FURTHER RESOLVED that the Anaheim City Planning Cornnission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's com~liance with each a~d all of the c~nditlons hereinabove set forth.
Should any such condition, or any part thereof, be deciared invalid or unenforceable
by the finat Judgment of any court of competent Jurisdiction, then thls Resolution,
and any approvals herein contained, shall be deemed null and vold.
1979.
THE FOREGOI~G RESOLUTION 1s signed and approved by me this 34th day of July,
(~,~, ~ ~~...<../
CHAIRMAN, ANAHEI!f CITY PLANNI~~G COMNISSION
ATTEST:
~,r~C .z°. ~,t,~
SECRETARY, ANAHEIM CITY PLANNING LOMNISSION
STATE OF LALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF At~AHEIM )
1. Edith L. Harrls, Secretary of [he Anaheim City Plannl~g CommTssion, do
hereby certify that [he foregoing resolutton was passed and adopted at a meeting of
the Anaheim City Plannin9 Commission held on July 30. 1979, by the Following vote of
the members thereof:
AYES: COMHt5510NER5: BARNES, BUSHORE, DAVID, HERBST, KING. TOLAR
NOES: COt1HiSSI0NER5: NQNE
ABSENT: LOMMISSIONERS: fRY
IN UITNESS WHEREOF, 1 have hereunto set my ha~d thls 3~th day of July, t979.
`~~ .~.° ~.~__
SECRETARY, ANAHEIM CITY PLANNIHG COMMISSION
-3- PC79-t52