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PC 81-271CESOLUTI011 110. f'CFiI-271 /; RESOLJJTIG'1 0~ TH[ /1;l~H[IIS CiTY PLA;!'ll~iG CO;iHISSI~~! TlfllT P[TITIO'! FOR Cf`t;DITI~"I~L I!SF F'ER11f7 1;(1. ?^~:? LF ~Rl~~ITGp Wfi[RE/1S, the Anahcirn City Planninr~ Cornmission did receive a veriried Petition for Conditional Use Permit fron .lames P. Comon~lson, 1j~~ Harbor Goulevard, Anahcim, California 97_~~~2, oo-mer, and f3url;e-Lester and l~ssociates, 20G2 Lusiness Center Drive `'Z1!~, Irvioc, California ^~71,, ac7ent, of certain real prorerty situated in Lhe City of /!nahcim, County ~f 0 nnc~e, State of California, described as: All that certain iand situated in tlie State of California, County cf Orange, City of Flnaheim, descrihed as follo~~,s: PP.RCEL 1: That portion of the Northeast one-nuarter of Section 7.2, ToUmship !+ South, Range 10 41est, in the Rancho San Ju~n Cajon de Santa 11ra, as shcwm on a flap recorded in booF: ;I, ~age 1~ of ~liscel)aneous Ptaps, records of Orange County, California, descrihed as follows: ~eqinning a*_ a 4" x~t" post standing at a point 20 ehains South of t5e !Zuarter Sect i on corner on the liorth boundary of sa i d Sect i on ~Z; thence 5outh, parallel HlILI1 the [ast and lJest houndary lines of said Section, 1~ chains 3~-1/Z links; thence East, parallel ~dith the South boundary of said Section in chains; ~hence !Jorth (at 3.535 chains intersect the center line of the tracE: of the So~thern Pacific Cailroad Company) 1~ chains 3~-1/' links; thence llest, parallel with said tJarth boundary of said Seceion (at 5,32 chains intersect center of trac4; of said railroad comnany) 10 ct~ins to the point of beginning, in tfie office of Yhe Registrar of Ti tles of (lrann.~ f.ni~~r~~ r,~ ; a,,..,, ` Excepting therefron that portion lying Northeasterly of the tlortheasterly 1 ine of the strio of land, 30.~(1 feet in ~•~idth, describ~d in Certificate of Titln rio. »3?F, Also exce~ting therefrom that portion described as follews: f3eginning at the ~lorthti~~esterly corner of sai;i land; thence along the t~ortherly 1 ine thereof ~~orth 8~° 5(,' ~~0" East, 51F.8o feet; thence South ~° 3!1' llest 1_t~(,.54 feet to the [asterly 1 ine of Harbor Boulevard, ~0 feet wide; ti•ence along said [asterly line South 0° 1G' 25" East, ll~i.5f1 feet• thence 5outh ii9° 1+3' 35" Llest 30 feet Co the blesterly line of said land; thence along said 41e;te~ ly 1 ine hlerth f~° 16' 25" I1est, 36n feet to the point of beginnina. Also excepCing that portion described as folloti•rs: [~eginnin9 at the SouthY~esterly corner of said lane!; thence al~nn the Southeriy PC 1-271 ~. line thereof ~lorth ~~° ;7' Cast ~(,1.?n ~e~t t~ the Southeasterly corner of said land; tLene~ alnnn the Easterly line thereof tlorth U° 1G' 2i" Flest ~!? fect to a line parallel o-~ith and d~stant tlortherly ~~2 f~~t, measured at ric7ht angles from said Southerly 1 ine; thencc~ along sai.i ~aral lel 1 ine ~outh f;~o 57' liest, 5.f,.(,.3~ feet; thence Florth ~E5° 0~' S2'~ 41est G3.7~~ feet to the Casterly 1 ine of said Ilarhor [3oulevard; ther,ce South ?~° ~~3~ 3~" 4/est ~0 feet tc the Uesterly line of said land; thence along said lJesterly line South 0° IG' 25" Fast ~G.~3 feet t~~ the point of be~innin~. /Uso excepting L'herefrom that portion included ~~~ithin the folloe~iin~7 descrihed land: ~eginning at a point in a line ~ara11c1 with and distant ~0.~~ feet South~vesterly rneasured at rinht angles, from the South~•iesterly line of ttie 1~~-fooC stri~ of land described in Parcel 3 of Final Order of Condemnation rendered in Case Ilo, 3j1]2 in the Superior Court of the State of Calif~rnia, in and for the County of Orange, a certified copy of which Qrder is recorded in booE; 931, page 1+1 of OFficial Records, in the Office of the County Recorder of said County, said point bein9 distant aionq ~aid P~~~ilel line South h0~ 5?' 2~" East, 102.f,7 feet from the lJesterly line of said IJortneast one-fourth, said point also heing the most 6lesterly corner of that certain parcel of land descr~bed in Certificate ~f Title tlo. 1~3;6, on `ile in ihe r,frice of the Rec~istrar of Land Titles of said Countv; tl~ence alonq the tJorth~~estcrly line of said certain parcel of Iand ~lorth 1,~0 ~]~ 1~0" [ast, 3~.'10 feet to said South~~iester•ly ~ine ~~f said 1p~-foot strip of lacd; thence along said Soutk,vesterly line, Sou[h ~F~o 52' 2~" East, 1?_.7~ feet; ther,ce South 5o ~1' 70" tlest, ~11~,6^ feet• thenc~~ South i.'O 15' 2(" lde=t, 202.2~; feet to the [asterly line of Harbor Qoulevard, 60.00 feet wide; thence at riqht angles to said Easterly iine, South ~7° 43' 35" llest, 30.p~ feet to said 6/esterly 1 inc of the 1lortheast one-fourth; thence ~I~nn ~,;,~ ~,i~~«,,.~,. ,,~~ "~' ~ii u~ ib` ~y" blest to the Southaresterly corner of that certain parcel of l~nd descrihed in Parcel 2 of Ueed to the State of California filed October 2'3, 1~144 as Document No. 11911 in the OfFice of said Registr:~r; thence al~ng the Southerly line of said certain parcel of land, ~dorth 3~~ ~~3~ ~5" East, 30.~n feet to said Easterly line of tlarl~or Goulevard; thence alonc~ said Easterl~~ 1 ine, ~lorth 0° 16' 25" blest, 111i.5~ feet to the Southerly terminus of that certain course descrined in said Parcel 2 as Fiaving a lenc~th of 246.54 feet; tl~ence aiong said certain course and the Northerly prolongation thereof, Plorth ~ 3~~ ~p~~ ~ast, 365.9h feet to said point of beginnin~. PARCEL 2: That portion of the !lortheast one-fourth of Section ?.7., Tovmship h South, Rangc 1~ 41est, in the Rancho San Juan Cajon de Santa Ana, as sho~•m on a F?ap recorded in book 51 , ~ane ln of ~1i scel ; aneous t1aps, rec~rds or nran~e County, Cilifornia, descrihecl as follo~.rs; -2- PC£i1-271 ~ de~innin~ at a pnint dist<mt South ';° l~,' ?_~" East, 1;7_~,QO feet and ilorth ~~O 5G' !~Q" East ;~~.~~~ feet from the ;'lortha~est c~rner c` said tlortheast quarter of Section ?7., said point beinn in the tlorth linc of Yhc: land described in Certifieate of Title tl~. 1:;,~OQ; thenc^ tlorth ;°3n' ~~~" [ast, 11'1.1F:' feet to a Point, said ~oint beinq ciistant South ~~~ °5.'.' 2'?" East, tnz.r,] feeC from the 1Jest line of the tlorthe~st qu~rter of saic! Section 7_2; th~nce hlorth 4'?°07' !E'1" East, 3~.'~~ feet to the most tlortherly corner of the land describe~ in Certificate of Title ~lo. 1~,33(.; thence South 4n ° 52' 2n" East, 132.~7 feet t~, a point i~~ the tlorth 1 ine of the land ciescril,ed in Title Certi`icate IJo„ 13,~~~; thence Sou[h u~ ° 5G' 1~'?" Slest alnn~7 said tiorth 1 ine 1>'."~ feet to the point of be9inning. Excepting therefrom that ~ortic>n included ~•~iChin the folloaiin~ desc~-ibed land: Reginning at a point in a~ine parallel ~•lith the ~iistant 3'?•~~ feet Southti•~esterly measured at ric~ht ang;es, from the South~~iesterly line of the 100-fo~t strip of land described in Parcel 3 of Fi~~<:i Ordcr or Condemnation rendered in Case ~~o. 33t7~ in the Superior Court of the State of Californi~, in and for the Lounty of Orange, a certified c~py of v~hich Order is recorded in bool; 931, pa9e lE1, Officiai Records in the Office of the County Recorder of said County, said point !~einc~ clistant alon~ said paral lel 1 ine South !F'~ ~ 57.' 2~" [ast 1'12.(~7 feet froin the 4lesteriy tine of saiJ i~ortheast one-fourth, said point also being the most blesterly corner of that certain parcel of land described in Certificate of Title tlo. 103;6, on file ir. tne ofrice of the Registrar of Land Titles of saic; Coun[y; thence alonn the f~orth~•resterly line of said certain parcel of land, tlorth t~no n~~ 4~" East, 3~.~?0 fcet to s~id Soutf~ia~esteriy 1 ine of said 1D0-foot strip of la~d; thence along said South~~esterly line, South ~!~°>2' ?n~~ F:,~r i~ ~f; fn~r- tf•nnr~+ Sc,iirh r~fll' ?n" 1•lest, 41n,fi" feet; thence South 3° 15' 2F•" ldest, 202.?.h feet to the Easterly line of Harbor f3oulevard, G0.~0 fcet ~•~ide; thence at rin,nt angles to said Easterly 1 ine, South u9 °~t?' 35" llest, 3`1.~0 feet to said Wasterly line of Che tlortheast one-fourth; thence al~ng said ~:lesterly line, Ilor~h 0° i6' 25" IJest, to the Southa~esterly corner of 2hat certain parcel of land described in Parce~ ? of deed to the State of California filed ~ctober 7.u, 1~1t4 ~s DocumenC FJo. 11~111 in the office of said ~_qi,trar; thence along the Southerly line of said c~rtain parcel of land, Horth B~ ° 1~3' 35" East, 3~.nn feet to said Easterly line of Harbor Geulevard; thence along said Easterly 1 ine, Plorth 0° 1G' ,'.5" ldest, t~t~.5n feet to the Southerly terminus of that certain course descrihed in said Parcel 2 as having a len,th of 2~~G.54 feet; thence along said certain course and the tJortherly prolongation thereof, tlorth 5° 30' ~0" East~ jE1j.°G feet to said point beginning. lIIiEREAS, the CiLy f'lanninq Comc,ission ~iid hold a publ ic hearinq at the City flal l in the City of Flnaiieim on Decenber ?.", 1~?1, at 1:3~ ~.m., notice of said public hearinc~ having been duly given as roquired hy laa~ and in accordarce with the -3- ,C3t-27i provi,ions of the /lnaheir.i Itunicipal Code, Ch~pter 1~'.~?>, to hcar and eonsider evidence f~r ancl a~a~nsl' said proposed conditional use permit and to investigate and c~al<e findinns and recomn~endatian> iii connecti~n therr_r ith; :~nd 41HEP,E/1S, said Comciission, aft~•r due inspection, investic7ation and study made by itself ~nd in its behalf, and after due consideratinn of a11 evidence and reports offered at said hearinq, docs find and dc-termine the follo,~~ing facts: 1. That the ~roposed usc is ~ropcrly one for ~-rhich a conditional use permit is authori;:ed by ~naheim ;:unic:ipal Code ~ection 1~~.<<S,~Sr),r~7r1 to 411t: Tp permit an ~,-story, (i9-foot hi;h, ~Q-room hotel expinsi~n ~rith ~,iaiver of: SECTI01! 1c~,.Ob.pGn,p2tF1 -!;inimum number of parkinG spaces, ,3~2 spaces re~~uired; 27? snaces proposed) 2. That the proposed use, an (.'-story hotel to~~rer, is hereby gran*_ed on the basis that the maximum over-ali heiqht of said structure ~lus ~roiections shall not exceed seventy-two (7?) feet and shall consist of a 6~-fo;t hiqh toiver plus 3-foot parapets. tlo other pro;ections ahove tne moP shall be perriitted to exceed 72 feer. 3. That the rec~uested i•~ai :•er is hereby grante~i on the has is of tn~ triangularly-shaped parcel and that denial ~~~ou)d deprive suhject propert~~ of a privilege enjoyed by other properties in the same zone and vicinity and on the basis that the petitiancr stipulated at the pubtic hearing as beinr~ the o~.mer nf property acrass Che street and indicated arrangements couid be made for ryddi*_ional par~;in~ if neecled. ~i. That *_he proposed use ~•~ill not adversely affect tL-e ad_joininr, land uses and the growth and Gevelopmen: of the area in o-rhich it is propnsed to be located. 5. That the size and shapc ~~f the site ~roposed for the use is adequate to ailow Che full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and neneral welfare of the Citizens of the Ci tv nf n~,i.,,; (i. That the granting of the Conditienal lise Permit under the cor,ditions imposed, if any, will not be detrimental to the peace, heaith, safety anc~ general o-relfare of the Citizens of the City or /lnaheim. 7. That the traffic 9enerated by the proposed use ~~ill not impose an undue burden upon the streets and hic~h~•~ays designed ~nd improved to carry the traffic ir. the area. ~. That on^ int~rested person inriicaCed his presence at said public he~ring in opposition; and that no correspondence !•~as rece~ved in opposition to the subject ~etition, ENVIROtI~IENT~IL IM~ACT FINDItIf:: That the Anaheim City Plannin~ Commission has revie~•~ed the propos~l tc, permit an l~-story, ~i~-foot L•iqh, 9~-room hotel expansion with ~~~aiver ef riinimum number af parkin~ spaces r.n on irregul~rly-shaped pareel of lan~ eonsisting of approxirr,~tely 5.<< acres located at the northeast corner of ~ianchestc.r Avenue and flarbor uoulevard (13~~ South liarbor 3oulevard ~Howard Johnson Flotel)); and does hereby a~prove the Ilen~tivc Declaration fror thc requireme+it to -1~- PCII1-271 ~ ~ pre~~are an cnvi rpnmental irnpact r~:i~ort ~n Chc ~,~s i, that there ~iould he n~ sigr.;fieant individual or curwlative a<lver~e envir~nn~entn! impact due Y.o the approval of tf-,is ilegativ~ Declarati~n sinr_e Che ~naheim Seneral Plan desinnates the subject property f~r conmereial rer_reati~in lnnd uses c~mmensurate o~ith the proposal; that no sensitive environmm~tal im~acts ~re involved in T.he prnposal; that tl~e Initial Study submittec! by the pc*_itioner' indicntes nn sinnific~nt indivirlual or cumulative advcrse envirenmental irnpacts; ~nd that the (leg,~tive ~ecl~iration substantiating the foreyoinr7 findings i~ rm file in the City of /lnaheim Planni~rt Denartrient. ~10',1, TIIEREFOR[, ~iC IT RESOLVED that the Maheim City Planning Commission does hcreby grant subject Petitir,n for Conditioral Use Pernit, upon the followinq conditions ti•~hicli are hereby found to F,e a recess~ry {~rer~~uisite to the pronosed use of thc subject ~roperty in order t~ preservc the safety ancl qencrai welfare of the Citi-r.ens of the City o~ Anoheim: 1, inzt trash storaqe areas shall be ~rovided in accord:-~ce ~•iith ~pproved plar~s on file ~~~ith the Officc of the [xecutive Director of Fublic Works. 2. That sidewalF;s shall be installed along ~!anchester Avenue as required by the City Engineer anc~ in accordance ~•~ith standar:i plans and specifications on file in the Office of the City Enqineer. 3. That the o~•mer(s) of subject propcrty shr,ll pay the traffic signal assessnent fee (Ordinance tlo. 3~~(~) in an arx~unt as determined by the City Council, tor c~nmerci~~l huildinqs ~rior t~ tlie issuarce of a huildi^q permit. ~t. That the ~mcr(s) o` suhjcct ~ro~crty shall subnit ~ letter requestin~ the terinination o~ Conditional Use Permit '!o. ~S5 t~ th^ Planninn Department. >. That suhjeet pronerty shall he develored su'~stantiaily in accordanee with plans and specifications on file ~•ritL the Citv nf ~'lnaheim marked Er.hibii Ilos. 1 through ~, provided, 7o~•rever, that the maximum over-all hei9ht shall not exce~d seventy-taro (72) feet. Said 7^. feet shall consist ef a 69-foot higii to+~~er t~pped ~•~ith ~ 3-foot ~arapet. tJo other projections above the roof sh~ll he nermitte~i *_a excced 7? feet, G. That Condition ~Jo. ~E, above-mentioned, ;hall be ccn~lied a~ith prior to the coinnrncement o~ the activity autFiorized under this resolution, nr prio~ to thc tine that the building p~.rmit is issued, or r~ithin a ~eriod of one year from date herenf, ~-rhicnever occurs first, or sud•~ further time as the Planning Commission may grant. 7. That Condition tlos. 1, 2, and 5, ahove-men[ioned, shall be complied a~ith prior to finai building and zoning ins~ections. L'E IT FURTHER RC:SOLV[D that the llnaheim City Planning f,ommission does hereby find and determine that the adoption of tl~is P.esolution is expressly nredic~~ted upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition cr any nart thereof, he deci~:red invalid or unenforceable by the ~ inal judgir~ent ~if any c~urt o.` con~reCent jurisciiction, then this Resulution, ~ncl ary approvals herein contained, shall be deemed nuil ~nd void. ->- PCfiI-271 TII[ POREG(~I IIG f',[`OLUTI 01! i, s i r~n~d and a~pr~ved hy n~ th i s 23th day ~f December, 19`31. ~ ~= ~~~_ , ' ,i~`%r%`~= - , . , CHAIi(f~At! PR TEt1POR[ ~ All~lIEI~1 CITY !'L~'I'1ItIG C011~bISrSI~II l;TTEST: ~~ ~ ~~ SECRETARY, A(IAIIEiM CITY PL/1NilIt1G CO?t!!I;SI~I; STATE OF C/1L I FORt! I ~ j COUtlTY OF OP,AtlGE ) ss. C 1 TY OF AIIAtiE I t1 ) 1, C-dith L. ilarris, :,ecretary ~f thc P.naheim City Planning Commission, do hereby certify that the foregoing resolution ~~as passed and adupted at a meetinq of the An~heim City Planning Comnission held on Decemher .'.", 1'~81, at 1:3!1 p.m., by the folla-iin~ ~,rote of the menbers thereof: Al'ES: CO!IP115SIOIJEf;S: i;AP.~lES, EOUAS, FRY, i1EP,CS7, i:I~JG, ~1C E3UR!!EY I~CES: CO~it115SI0~lERS: ~IOIlE ABSE!!T: COt11115SIQtlEP,S: CUSf~ORE 11~ l•IITt:ESS ',•!IIEREOF, I havc hercunto set nry hand this 2"th day of December, 1~81. ~~ ,~ ~~. SECRET/1RY, A~U111E I f1 CI TY PL/1~1t! I ~iC, C011M1 SS I Ohl -6- rcGi-271