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PC 79-39RESOlUTIOPI N0. PC79-39 A RESOLUTIOM OF THE ANANEIM LITY PLANI~IN~ CO~t'11551b~1 THAT PETITION FOR CGNDITIO~IAL USE PEP,HIT P10. 1?3F BE ~RP~iTEC, IN PART bIHEREAS, the Anaheim Ctty Planning Comm;ssion did receive a veri~ied Petition for Conditional Use Permit from JO~IATNA~J T. Y. YEH, ET AL, ~i2Q South Beach Boulevard, Anahei~+, California 92~3~A, owner of certain real oroperty situated in the C1[y of Anaheim, Coun[y of Orange, S[atc of Californla, describPd as: The Nest 1/2 of the Souihwest quarter of the Southwest Guarter of the Northwest quarter of Section 13, Townshir 4 Sou[h, Range 11 Nest, 5. B. 8. b M.. EXCEPTi~lG TNEREPRO"t thc South 52g fect ihereof, also excepting [herefrom the West °2 feet thereof. WHEREAS, the City Planning Conmis~ion dtd schedule a oublic hcaring at the City Hall in the City of Anahein on January 2A, 1~7Q, a[ 1:3~ p.m., notice of said public hearin9 havina been duly given as required by law an~1 in accordance with the provisio~s of the A~aheim Hunici~al Code, Chapter 1R.03, te h~~r and consider evidence for and against said pro~osed condi[innal use ancf to investiga[e and make findin9s and reconmendattons in connection therer~ith; sald public hearing having been continued [o the Planning Commission meeting of February 2E, 197?: and WHEREAS, said Conmissfon, aftcr duc inspection, investiqation and study made by itself and in its behalf~ and after due consideratlon of all evielence and reports offered at said hearing, docs find and deternine thc foilowing fac[s: i. 7hat the proposed use is properly one for which a tondTtlonal use permtt is aut~+ori7ed hy An~heim M~nicipal Code Spctto~ 1A,41i,nS~,1(n to wit: Lo expand an existing rnotel with waiv~rs of: (a) SELTION 18,04.043.1Q2 - Haximum wall helght. (b) SECTION 18,44.062.~11 - Maximum structural hei ht. T2 ee[ permitted when located 4 feet from single-famtly residential zoning; 19 and 21 feet proposed) (c) SECTION 16.44.064 - Pernitted encroachments into reauired yard. (d) SECTIOtI 18.44.064.010 - Minimum landscaped area. ?.. That the proposed user is hereby granted subJec[ to the petitioner's stipulatton at the public hearing that one of the two existing driveways to Beach Boulevard shall be closed [o eiiminate any potential traffic conflict between entering and exiting vehicles and the traffic on Beach Boulevard. 3, That the proposed waivcrs (a), (c) and (d) are herehy denied on the basis that revised ptans were submttted and ellmina[ed the need for satd waivers. PC79-39 4, That the proposed watver (b) is hereby granted on the basis that the waiver applies to the adjacent property to the north and that said property is designated for general commerciai uses by the Anaheim General Plan and will eventually be reclassified and developed for commercial uses it which time the waiver will no longer be necessary. 5, That the proposed use, as granted, will no[ adversely affect the adjoining land uses a~d the growth and development of the area in which it fs proposed to be located. 6, That the size and shape of thc si[e proposed for the use, as qranted, is adequate [o allow [he fuil development of the prnposed use in a manner n~t detrimental to the parttcular area nor to the peacc, heal[h, safe[y, and general welfare of [he Citizens of the Li[y of Anaheim, 7. That the Condi[tona) Use Pernit, is gran[ed, and under the condttions lnposed, will not be detrimental to tfie peace, health, safe[y and qeneral weifare of the Ci[izens of the City of Anahei~. 2. That no one indicated their presence at said public hearing in opposition; and that no correspondence a~as received in opposi[ton to the subject petition. E!~VIROt7MENTAL IMPACT FINDIN;: That [hc Anahein City Plannina Lommission has reviewed the proposal to reclassify subJect v~oper[y from the RS-A-G3,000 (Residential/Agricultural) to the CL (Lommercial, LTnited) Zone [o expanJ an existing motel with r:aivers o` maximum structural heigh[ on a rectangularly-shaped parcel of land consis[ing of approximately ~.II acre. having a frontage of approxi~ately 133 feet on Che east side of Beach Boulevard, havin9 a maximum death of approximately 238 feet, being locatPd approximately 523 feet north of the centerline of Orange Avenue; and does hereby approve the Negative Declara[ton from the requirenent to prepare an environmentai impact repor[ on the basis [h~t there wr~uld be no significant individuaf or cu~ufative adverse snvfronmentaf fmpact due [o the approvaf of this Negative Declaration since the Anahelm General Plan designates the subject property for general commerctai land uses com~ensurate wi[h the proposal; that no sensit(ve environmental impacts are involved in the proposal; thaL the Initial Study submitted by the petitioner indicates no significa~t (ndividua! or cumulattve adverse environmental Impacts; and that [he Negative Declaration substantlating the foregoing findings is on filc in the City of Anaheim Planning Departmen[. N0~', TNEREFORf, BE IT RESOLVED that the Anaheim City Planning Commlssion does hcreby grant, in part~ subject Petition for Londittonal Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to [he proposed use of the subject property in order to preserve thc safety and general wclfare of the Citizens of the City of Anaheim: 1. That this Londittonal Use Permtt is granted subJect [o the completion of Reclassification No, 73-7?-27, now pending. 2, 7hat the o~~ner(s) of subJect property shall pay the traffic signai assessmene fee (ordinance No. 3896) amounting to S36.00 per each motel unit prior to the 15suance of a buildtng permlt. -2- pc19-39 3. That [hc subject motcl shall comply with all sianinq requlrenents of thc CL (Commercial, LimTted) Zone. 4, That the owner(s) of subject prooerty shall subnit a letter requesting the termination of Londition Use Permft No, 1079, 5. That subJect property shall be developed substantiaily in accordance wlth plans and specificatfons on file wtth the City of Anaheim marked Revision tlo, i of Exhibtt Nos. 1[hrough 4; provided that kitchen efficiency units with a naximum of 6-cubic foot refrtgerators, two-burner stoves, excludiny oven and bak)nq facilities, and stngle compartment sinks may be tnstalled, except [hat the manager's uni[ will be aliowed to have full kitchen fac(i(ties; and, furthernore, tha[ one of the two exlstin9 drivew~ays on Beach Boulo.varJ shall 6e closed and replaced Ni[h curbs, gu[ters. sldewalks. and landscaped planters In accordance with standard plans and specifications on file in Che Office of the City Engtneer. 6. That Condi[ion Nos. 1 and 4. above-mentioned, shill be complted with prior to the cornr,encement of [he activity authorized under this resolution, or prior to the time ttiat the building pcrnit is issucrf, or wi[hin a period of onc year from date hereof, aihichever oc wrs first, or such further [ine as the Planning Comnission may grant. 7. Tha[ Condition Nos. 3~nd 5, above-men[toned, shall be ccxnpij~d with prior to final hullding and zoninn inspections. BE IT fURTNER RESOLVED [hat the Anahcin Ci[y Plan~tng Cor+mission does hereby find and determinc that adoption of [his Resolution is expressly predicated upon applicant's compliance ~iith each and all of the conditions herainabove set forth. Shnuld any sucfi condi[1on, or any part Chereof~ be declared (nvaltd or unenforceable by Che final Jud9nent of any c~urt of competent jurisdiction, then f.his ResoluLion, and any approvals herein con[ained, shall be dcened null and void. THE FOP.EGOIN, RESOLUTIOtI is stgned and aonrove~f bv me this 2(th day of Fcbruary, 14J3. • H t ~~ A1 E. C Y AtR111~C CO'1`115510N ATTEST: ~ ~.c~, ,~°. 7~~:+. SECRETARY, At1AHEi!1 CITY P~ANNIN~ CONMI5510~1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anahein City Planning Cammtssion, do hereby certify that the foregoing resolutlon «as ~assed and adopted at a mecting of the Anaheim City Planning Commtsslon hcld on February :F~ 1A79, at 1:30 p.m,~ by the following vote of the members thcreof: -3- PC79-39 AYES: COMMIS510NER5: BARNES, BUSHORE, DAVID~ HERBST~ JOHN5011~ KINr, NOES: COMMISSIONERS: NQNE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: TOLAR 1979. IN WITIJESS NHEREOf~ I havc hcreu~to set my hanJ this 26th day of February, `~ a~.~.. ,~ ~y RE . -1 ht i!1 NN N MM ~T6N -4- Pt74-3Q AYES: COMMISSIONERS: BARNES~ BUSHORE~ DAViD, HERBST, JONI7SON, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIO~~ERS: TOLAR 197°. IN WITNE55 WHEREOF, I have hereunto set my hand Lhis 26th day of February, ~~,;~- ,~.° ~-'-- SE RE AR , t1AHEIM I L NN NG COMMI ION _y_ Pt79-39