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PC 80-128a~so~uTtori r~~, ~c ~3~-~23 A RESOLUTI ~~! OF THE APlAhIF I'1 C ITY PLA!I~d I!!~ CO'1~? ISS IOr.I T~If,T PETITIOId F~R ~~ARIA'~CF fd0. ;1!~~ BE GRl1F!TEn l•/HERE/1S, the Anaheim City Planninn Commissinn did receive a verified ~'etition for Variance from ~1l1,IC LAD!TERP!, INC., 1~3n 4/est i<atella /lvenue, A~aheim, California 92^u~?, o!vner of certain real pro~erty situate~i in the City of Anaheim, County of Orange~ State of Cal(fornia, described as: THE WEST 1~0 FEET OF TNE EAST 7.]!1 FEET OF TfIE W~RTH ;3~ FE~T OF TIIE NQRTHI•IEST QU~If?TER OF TNE PIORTHIdEST nUp.RTER ~F TFIF DIORTH4JEST QUA4T[P. QF SECTIOtJ 27, TOWt!SHIP 1; ;011?!I, RAFt,[ 1~ b/EST, IN THE C ITY OF Ah!AFIEIM, COUIlTY OF OFA~IGE, STATE OF CAI.IFOR'IIA, AS PER PtAP RECORDED IN BOOK 51 PF,GE t~ OF HI~CFLLA~IEOUS t1P,PS, I!I THE OFFIC'E OF TNE COUFlTY RECnRpER OF SAID COII~ITY, EXCEPT ilfE tIORTH 3n FEET TNERFOF. l•IHEREAS, the City Pl~nnin~ Commission did hold a puhlic hearing at the Civic Center in the C~ty of Anaheim on Flugust 11, i~3n, at 1:3~ p.m., notice of said puolic hearing haviny been duly given as required hy la~~r and in accordanc< with tne pr~visions of the Anaheim 1lunicipal Code, Chapter 1".~3, to hear and consider =vidence for and against said proposed reclassification an~l tc investigate and make Pindings and recommendations in connection therewith; and LlHEZEAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petttioner nroposes ~vaivers of the follot~iing to expand an er,isting motel: (a) SECTIOPJ 18,04.0~~5,p12 - 'tinimum landscaped setback. ~~ eet required along a portion of Y,atella Avenue; l~~eet ~roposeci) (b) SECTIO~! 13,~6,~G0,~21,q - riinimum nun~+er of parking spaces. 7 spaces required; 52 spaces pro~oscd 2. Tliat the ahove-mentioned ~vaivers are herehy c~ranted on the basis that the petitioner demonstrated that a hardship extsts in that denial i,iould deprive subject property of ~rivileges gPin~7 enjoyed byother property o~,~ners in the same zon~ and vicintty. 3. That there are exceptional or extraordinary circnmstances or conditions applicable to the property invoived or to the i~tended use of the oroperty that do not apply generally to the ~roperty or ciass of use in the samn vic(nity and zone. 4. Tf~at the requestrd variance is necPSSary fnr the preservation and enjoyment of a substantial property right ~ossessed by ot~~er nroperty in the same vicinity and zone, and dented to the property in question. PC~30-128 .~',, ;: 5. That the requested variance o~ill not be materially detrfinental to the public welfare or injurious to the prope.rty or improvements in such victnity and zone in whtch the property is located. 6. That no one indlcated their presence at said public hearing in opposition; and that no corresoondence 4ras received in opposition to the subject ; petition. EPJVIR1IHME~dTAL IMPACT FIMnIFI.r,; That the Anaheim City Planning Commission has reviea~ed the proposal to expand an existing motel ~~+ith a~aivers of minimum landscaped setbacl< and minimum number of parking spaces or a rectannul~rlv-shaped setback and minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately ~,~3 acres, having a frontage of approximately 15n feet on the south stde of Katella Avenue, having a maximum depth of approximatPly 27t1 feet and being located approximately 38, feet east of the centerline of ~Jest Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis tf~at there alould be n~ significant individuat or cumulative adverse environmental impact due to the aoproval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial-rec:reation land uses commensurate ~oith the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study subMitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the NPgative Declaration suhstanttating the foregoing findings is on file in the City of Fnaheim Planning Department. NOW, TNEREFORE, BE IT RESOLVED tFat the Anaheim City Planninq Commission does hereby grant subject Pe*_ition for Variance, upon the folloaiing conditions ~•~hich are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general e~ielfare of the Citizens of the City of Anaheim: 1. That the o~vner(s) of suhject property shall pay to the Ci*y of Anaheim a fee, in an amount as determined by the C+ty Council, for street lighttng along Katella Avenue, 2. That trash storage areas shall be ~rovided in accordance ~~~ith approved plans on file rrith the Office of the Executive Director of Puhlic Works. 3. That subject prooerty shall be served hy underground utilities. 4. That drainage of subject property shall he disposed of in a manner satisfactory to the City Enaineer, 5. That the oamer(s) of subject nroperty shall pay tlie traffic signai assessment fee (Ordinance No. 3396) in an amount as determinecl by the City Counc?1, for comnercial buildings prior to the issuance of a buil~ltn9 permit. 6. That suhject property shall be developed suhstanLially in accordance wlth plans and specifications on file ~~~ith the City of Anaheim marl:ed Exhibit Plos. 1 through 7; provided, however, that I:itcheii efficiency units may be installed in no more than 7_5~ of the units, ~•iith a maximum of 6-cuhic foot refriqerators; to-r~-burner stoves, excluding over. and bal~ing facilities; and single c~mpartment sinks: exceot that the nana,c,er's unit t•~ill he allowed to fiave full kitchen facilTties. -7..- PC3~-128 7. That Condition No. 1, a6ove-mentioned, shall ~~e cnmplied ~.aith prior to the commencement of the activity authorizecl i.inder this resolution, or prtor to the time that the building ~ermit is issued, or ~Nithin a periori of one year from date hereof, whichever occurs first, or such further time as the Planninn Commission may grant. $. That Condition Plos. 2, ;, !F and ~, ahove-mentioned, shall he complied v~ith prior to final building and zonin~ inspections. BE IT FURTNER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adopt(on of tFiis Resotution is ex,r.rFssly predicated upon applicant's compltance ~~~iCh each and all of the conditions herelnabove set forth. Should any such condition, or any part thereof, he declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void, THE FOREG01~:; RESOL?ITION is signed and a~prove~l hy me this llth day of August, 1980, . CHAIR'111N, A~(~~'T' P~~ AnEST. ~-~N ~~ ~. C01.MiSSI~~J ~~~ ~ hL(~it n ~~ SECRETARY, ANAHEIM CITY PLAFINIPlG COMMISSI0~1 STATE OF CALIFORPIIA ) COUM7Y OF ORANGE ) ss. CITY OF AWAHEIry ) I, Edith L. Harrls, Secretary of the Anaheim City Planning Commissinn, do hereby certify that the foregoin~ resolution ~~as passed and adoptecl at a meeting of the Anaheim Cit~i Plar.ning Commiss?on held on August 11, 1~`3~, by the fol)owing vote of the members thereof: AYES: CONMISSIQr1ERS: BARNES, EiOUAS, BUSHORE, FRY, HERDST, KING, TOLAR NOES: COM!41SSIOMERS: WOME ABSEPIT: CONt11SSi0PdtRS: PJONE IPI 411TNESS 4!fiEREQF, I have hereunto set my hand this 11th day of August, 1980. ~~-~-~ .~ ~Z~~ atI,KET.ARY~ AriAiiEt!~ clrv PL~NI~llr~t; co~,~,tssiori -3- PC80-123