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PC 81-170RESOLUTIO!J 'd0. PC31-17~ Fl RE50LUT101! OF THE AhJ/1HE I N C I7Y PLkPIh! I MG CO'1H I55 I Q~J 7HAT PETITIDiJ FOR CO'4D1T10~•IAL USE PERMIT ~10. 2231 BE 6RNIITED tJiiERE{1S, the Anaheim City Planning Commission ciid receive a verified Petition for Conditional Use Permit from FQtJf; TZE llU, 25%!t~ Kellogg Street, Loma Linda, C~lifornia, °235~c, owner, and DAVID CNE~l,, 69~i1 Country C~ub Lane, knaheim, California 92~i07, agent, of certain real property situated in the Ci:y oF Anaheim, County of Orange, State of California, described as: The South 96 fe~t of the IJor~.h 4"1 feet of ttic• East h~if of the East half of the Soutneast quarter of the Southeast quarter and the South 9G feet of the North f+3i feet of the East 3 feet of the 41est half of the East half of the Southeast quarter of the ~outheast quarter of Section 1~~, in To~rnship 1i South, Range il West, in the Rancho Los Coyotes, City of Anaheir~~, County of Orange, State of Californea, as per rnap recorried ir, bool: 51, page 11, of !discellaneous !1aps, in the Office of the C.ounty P.ecorder of said County. WI~EREAS, the City Planning Commission did schedule a publir_ hearing at the City Ilall in the City of Anaheim on July 13f at 1:3(! p.m., notice of said public hearing having been duly yiven as required hy la~~~ and in accordance ~~~ith the provisions of the Anaheim Municipal Code, Chaoter 13.0;, to hear a~d consider evidence for and against said proposed conditional use permit and to investigate and make fine7ings and r~commendations in connection there~•~ith; saici public hearing having been cortinued to the Planning Commission meeting of Au~ust 10, 19n1; and b1HEREAS, said Commission after due inspection, investigation and study nade by itself and in its behalf, and after due consideraeion c:f all evidence and reports offered at said hearing, does find and determine the folloa~in~ facts: 1. Tiiat tlie pro~osed use is properly one for i-iFich a conditional use permit is authorized by Anaheim Hunicipal Code Section 18.41i.~SR,160 to wit: to permit a 41-unit motel ~•~ith waiver of: SECTION 13.1~4.062,011 - Maximum structural height. 0 eet permitted adjacent to ~roperty line; 17~eet proposed) 2. That the at~ove-mentioned waiver is hereby granted on the hasis of tfie shape of the property and that denial a~ould deprive suhject pr~perty of a privilege enjoyed by other properties in the same zone and vicinity and tf~e ract tliat if the adjoining property to the sou~h is develooed into the pro~~sed mntel, tnen this property would be in confornance ~:~ith the General Plan and a~~raiver ~•rould not be needed. ~. That the proposecl use ~~~iil not adversely affect the adjoining land uses and tlie yrowtii and development of the area in vlhich it is proposed to be located. PC31-170 !i. That the size and shape of thc site proposed for the use is adequate to alla•~ the full develo~ment of the proposed use in a manner not detrimental to the particular araa nor to the peace, health, sarety, and nr..ner~l ~•ielfare of the Citizens of the City of Anaheim. 5, That tfie grantin9 of the Conditional Use Permit under the conditions imposed, if any, 4NI~~ not be detrimental to the neace, health, safety and general welfare of tn` L'itizens of the Cit;~ of Anaheim. G. That t`,e traffic generated hy the prnposed use ~~ill not impose an undue burden upon the streets and high:-rays designed and improved to carry the traffic in the area. 7, That approximaiely ~: persons indicated their presence at said public hearing i~ opposition; and that no corresp~ndenc~ t,ras received in oppos;tion to the suhject petition. EtdVIROIJMcNTAL 1~1P~CT FIIlDING; Tf-~at the Anahein City Planning Commission has revie~aed the ,~roposal to reclassify sut:ject property `rom the r,s-n-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone to permi*. a!E1- unit motel ~•~itli waiver of maximum structural heioht on a rect~ngularly-shaped parcef of land consisting of approximately ~,C~G acre, having a frontage of approximately ~1E feet on the west side of Beach Doulevard, having a maximum depth of aporoximately 2!38 feet and being located approximately ~.4~ feet north of the centerline of Ball Road (832 South Beach Boulevard); and doe_s hereby approve the Negative Declaration from the requirement to prepare an environmental imnact report on the basis that there would be no significant individual or cumulative adverse envirormental inpact due to the approval of this Negative Declarati~n since the .4naheim ~eneral Plan desiqnates the subject property ~or general comnercia] land uses commensurate ~~rith tl~e proposal; that no sensitive environmantal impacts are involvc~d in t`~e proposal; that the Initial Study submir~~d by the petitioner indicates no sic~nificant indivi~iual or cumulative ariverse environmental impacts; and that thr. "Jegative Declaration yui» wn~~dCiu_y u~r iureyuiny iinuinys is on r-iie in tne City or f~naheim Fianring Depa rtment. ;IOI:, TtIERFF~ftE, ~E IT RESOL'JED ~.hat the Anaheim City Plan~ing Commisston does herchy grant suhject Petition for Conditional Use Perr~it, upcn the following conditions i~hich are hereby found to be a necessa ry prerequisite t~, the proposed use of the suhject property in order to preserve the saf~ty and c~eneral ti•reifare of the Citizens of the City of Anaheim: 1. That tiiis Conditional Use Permit is granted subject to the completion of Reclassific~~tion ~10. P`)-31-irl no:r pending. 2, fhat suLject propertY shall be developed substantially in accordance with plans and specifications on file ~iith the City of Anahein marl;ed Exhibit Nos. 1 through 1~; provided, hrn~cver, that a E-foot high masonry ~•nll, as r~~easured from the highest adjacent grade level, shall he. construr.ted along the ~~~est property line; that sul~ject fence and the fence of the Razzmatazz Motel wil', P~ave ~esign uniformity. That the ~:'esterly landsc~iped buffer 3rea ~•f~ll consist of trees anri ~•~ill be enelose~! ~~itf; a 6-foot liig!i c!~ainlinl: fence ~~itli g~tes to discourage prowiers~ and to reloeate th~ 5winnirg p.,cl ea,terly ai~ay `rom the nearhy residents. -7- PC81-17Q 3. That Condition ~lo. ?., ahove-men~(oned, sha11 he complied t•~ith final buiiding ancl zoninc~ inspections. prior to BE IT FURTFiEfi RESOLVED that the Anahcim City Planning Commission does hereby find and determine that adoption o` tliEs Fesolution is er,pressly predicated upon applicant's compliance i~ith each and all of the conditions hereinabove set forth, Should any such condition, or any part thereof, be declared invalid or unenforceable bY the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, sha11 he. deemed nutl and void, THE FOP,EG~ING RESOLUTIO~! is si~ned and approved hy me this lOth day of August, 19f31, ~~~~~ 2 . ' ~Q A ATTEST: CHAIRMAN, A IFlNCIM CITY PLAFINING CO~ap~ISSIOFi SECRETARY PRO TEMPO~ ~/ APJAHEI~M CITY PLAPJNIilG CO~~r•~isstor; STFlTE OF CALIFOP,NIA ) COUHTY OF ORA^;GE ) ss. C I TY OF AfJAH[ I Ff ) ~, Pamela H. Starnes, Secretary Pro Tem ore o` Commission, do hereby certify that the forego~nq resolution ~t~~s An~heim City Planning a meeting of the Anaheiro City Planning Commission heid on Au Pst510 a148~a~ated;3~ p.m., by the folloa~inq vote of t;~e members tnereof: ~ ' AYES: COMr11SSIn~iFnc; ~p~.,~~ DIOES: C011MISSIO~IERS: ;~~~~E~J' uvifi~~~ bU$~iORE~ F~Y~ HER[3STy IUNG ABS[PJT: COh1hiISSIO~~JERS: TOLAR IN ;JITPJESS tJI1ERE0F, I have hereunto set my nand this IOtF~ dzy of August, ig31. SECRETARy p~ppR~ ~~'''`-~ ~rJqHE I N C I TY FLAM~I I NG COhiM I SS I GP! -3- PC~1-170