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PC 81-39RFSOLUTIOt~I M0. PC81-3° RESOLUTi0P1. OF THE ADIAtiEIM CITY P~AMP~IPlG C011F115SIOiV "fHAT PETITIOtI FOR VARIANCE N0. 31~1y BE cQnriTFn IJHEREAS, the Anahe(m City Planning Commission di~l receive a verified Petition for Variance from RA^itdOFIAN S. PATEL, ET AL, 1211 South 41est Street, ~naheln, Ca)ifornia 923(?2, oo-mers of certain real property situate<I in the City of Anaheim~ County of Orange, State of California, described a;: THE NOf:THERLY 263.~o FEFT Or THE EASTERL.Y 255.~0 FFET OF THE P~ORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SE:CTIOP! 21, TOl•lHSf~IP 4 SOUTH, RAPICE 1(1 WEST IN THE RANCHO SAN JUAM CAJOP! DE SAtITA /1~IA, AS SFIOIJN GIJ Fl MAP P,ECOP,DED I~I BOOY. 51, PAGE 1~ OF MISCELLAMEOUS D1APS, RECQRDS OF ORANGE COUpITY, CALIFORNIA. EXCEPTIP~G THEREFROM THAT PORTION THFRFOF DESCRIBED AS FOLLOWS: BEGINMIMG AT THE NORTHEA.ST CORNER OF SAI~ SECTION 21, SAID CORNER BEIMG THE POINT OF INTERSECTIOt! OF THE CFt1TER LINE OF BALL ROAD 411TH THE CENTER Llt!'c OF WEST STREF..T A5 SHOk~PI ON THAT CERTAIN MAP FILED IM B001< 1~, PAGE 4~+ OF PARC.EL MAPS, IPI THE OFFICE OF THE COUNTY RECQRDER OF ORANGE COUNTY, CALIFORMIA; THENCE SOUTH 0 DEG. 15 ~ 58~~ E~.ST, ALONf SA I D CENTER L I PIE OF bIEST STREE.T, A D157ANCE OF 203,Ou FEET; THENCc SOUT~i £3~+ DEG. 30~ 42" WEST, PARALLEL WITH SAID CENTEF LINE OF BALL RQl1p, P, DIST/11dCE OF 210.0O FEE7: THENCE NORTIi 0 OEG. 15' S8" IdEST PAP,ALLEL WITH SA I D CENTER LItJE OF WEST STR[ET, A DISTAt•!C[ OF 203.0~ FEET TQ A POIP!T IPI THE CENTER LIPlE OF [iA~L ROAD; TH[PlCE tJORTIi 89 DE~. 3~~ 4?_" EAT ALONG SAID CEDITER LINE OF BALL ROAD, A nISTAPICE OF 210,00 FFET TO THE POINT OF BEGIPJF11tdG. WHEREAS, the CiCy Pla~ning Commission did hold a public hearing at the Civic Center in the Citv of Anaheim on Februarv 9. 1A81_ at 1:~!1 n.m., notice of said public hearing having been duly given as required bv la~~r and in accordance with the provisions of the Anaf~~im Municipal Code, Chapter 1A.03, to hear and consider evidence for and against said proposed variance and to in~~estigate and maF:e findings and recommendations in connection therewith; and WHEREAS, said Commissiori, after due inspection, investiqation and study made by itselT and in its benalf, and after due consideration of a11 evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes a ~~laiver of the folloo~ing to expand an existing mote.l: SECTION 18.06.060.~2l~3 - Minimum number of parl<in~ spaces. 30 required; 20 proposed 2. That the above-mentioned waiv~r is hereby c~ranted on tr,e hasis that *he petitioner demonstrated that a hardship exists in that denial ~•~ould ~eprive sub.ject property of a privilege enjc~yed by other properties in thc sane zone and ~~icinity and approximately thtrty percent (30„) of tlie guescs arrive hy transportation modes other than private automobiles. PC81-39 3. Thdt there are except?onal or extraordinary circumstances or conditions applicable to the p roperty involved or to the intended use of thr ~roperty that do not apply aenerally to the property or class of use in the sa~e v;~inity and zone. !!. That the requested variance is necr.ssary for the prese.rvation and enjoyment of a suhstantial property right possessed hy other pronerty in the same vieiniLy and zone, and d~nied to the property in question. 5. That the requested variance ~~ill not be materially detrimental to the puhlic ~~~elfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said puhlic hearing 1n opposition; and that no correspondence was received in opposition to the subject petition. ENVIROP~MENTAL IMPACT FIP~CING: That the Anaheim City Planning Com~nission has revia~•~ed the proposal to expand an existing motei s~ith waiver of the minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 0,4 acre located south and t•~est of the southi•~est corner of Ball Road and West Street (1211 South 4fe~t Street- 4;atergate Motel); and does hereby approve the Negative Declaration rrom the requtiement to prepare an environmental impact report on the basis that there 4rould he no significant individual or cumulative adverse environmental impact cue to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial recreation land u~~s comnensurate with ~he ~,roposal; that no sensi*_ive environmental impacts are involved in the propos~l; that the Initial Study suhmitte~l by the petitione:- indicates no signlficant indfvldual or cumulative adverse envtronmental impacts; and that the PJegative Declaration suhstantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOtJ, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon Lhe follo~~~ing conditions wh(ch are hereby found to be a necessary prerequisite to t~e proposed use of the subject property in order to preserve tne safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No, 33~6) in an amount as determined by the City Council, f~r cortn:~~rcial buildings p~ior to the issuance of a builciing permit. 2. That a~propriate ~vater assessment fees as determined by the Office of Utilities General ~lanager shall be paid to the City of Anaheim prior to the issuance of a building permit. 3. ihat suhject property shall be developecl suhst~ntially in accordance with ;~ians and specifications on `ile a~ith the City of Anaheim marked Fx,hibit Plos. 1 ~nd 2; and/or provided; however, that no mor~ thar t~•io (2) kitchen efficiency units may be insta!1~~~, ~aith ~ maximum of 6-eubic fcot reFrigerarors; two-burner stoves excluding oven and bakinq facilities, and sinqie compartment sinks; except that the manager's unit will be allowed to have full kitchen facilities. -2- PC81-3~ 4. That Condition tlo. 3, above-mentioned, shall be complied with prior to final building and zoning inspections. 5. That prior to final zoning, the existing drivea~ays servicing the property shall be t~~idened in acc~rdance v~ith the City Traffic Engineer's recommendations, E3E IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly preclicated uNon applicant~s compiiance with each ancl all of the corditions 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 jurlsdiction, then this Resolution, and any approvais herein contained, shall be deemed nu11 and void. THE FOREGOIhIG R[SOLUTION is signed znd approved by me this °th day of February, 19II1, AT7EST: ~/-°~° ~~~~ -~__~°~ CHAIRtAN, ANIIHEl~1 IT FL.4NMiNG CQMMISS1f1N ,~_-_J~ i~~ c~ ~ /~~Qn n t SECRETARY, AP~AHEIM CITY PLANNItJG COMMISSION STATE OF CALIFOZNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 0 !, Edith L. Harris, Secretary of thP Anaheim f.ity Planning Commission, do her`by certify that the foregoing resolution 4ras passed and ad~pte~i at ~ meetino nf ~1~~ ;na;;eir C;ty ~ianning Commission held cn February 9, 19~1, by the following vote of the members thereof: AYES: CUMMISSIONERS: BARPIES, EOUAS, BUSHOR.F, FRY, HERBST, KIPIG, TnLq~ N6ES: COMMISSIONERS: P;ONE ADSEMT: COMMlSSIO~vERS: NOPIE IN WITNESS WIiE2E0F, f have hereu;;to set my hand this 9th day of February, 193t. ~~.~, .~ ~.,~ ; SECRETARY, ANAf~EIM CITY PLAr~~~~~~r, ~~~~~~~SSIOPI -3- FC81-39