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PC 82-173'~`` ~r~.", RESOLUTION NO. PC82-].73 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITIpN FOR VARIANCE N0. 3288 IIE GRANI'ED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Var.iance from ALBERT BORCHARD & KEbTNETH L. LARSON, 5915 Burchard Avenue, Los Angeles, California 90034; ROY W. MAHE~, 2651 [+~est Lincoln Avenue, Anaheim, California 92801, owners, and GFELLER DEVELOPMENT COMPANy~ IN~,~ ATT: BOB REESE, 22g West Main Street, Tustin, California 92680, agent, of certain r~al Property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CA_T,IFORNIA, AS SHOWN ON A MAP FILED IN BOOK 169~ PAGE 26 OF PARCEL hIAP6, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FIHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on August 23, 19g2, at 1:30 p.m,, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said ptablic hearing having been continued to the Planning Commission meeting of September 20, 1982; and WHEREAS, ~aid 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 petit.ioner proposes a waiver of the following to construct a 110-unit mote2: SECTION 18.48.066.050 - Minimum number of parking spaces and 18.06.060.0243 (111 spaces required; 77 spaces proposed) Z• That the above-mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hards}~ip exists in tliat parking demand studies of motel parking in the Disneyland area indicate a certain percentage of guests arrive by transportation modes other than private vehicle and the 69B of code requirement for parY.ing appears to be adequate. 3• That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class oE use in the same vicinity and zone. q• That the requested variance is necessary ior the preservation ' and enjoyment of a substantial property ri ht ' the same vicinity and zone, and denied to the p opertssed by other property in ; y in question. i fi #02222 PC82-17? ~ i , . __ , ~,. . _ . . ........... _. _.. ~ ~"'r ~ 5. That the requested variance will not be materially detrimental ta the public welfare or injurious to the property or improvements in such v:icinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. EiWIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 110-unit motel with waiver 01: minimum number of parking spaces on a rectangularly-shaped parcel of land c<>nsisting of approximately 1.43 acre, having a frontage of approximately 250 fe:eL• on the east side of Harbor Houlevard, being located approximately 410 fe:et north of the centerline of Orangewood Avenue and further described as 2(130-2040 South Harbor Boulevard; and does hereby approve the Negative De~claration from the requirement to prepare an environmental impact report on tYie basis that there would be no significant individual or cumulative adverse erivironmental impact due to the approval of this Negative Declaration since tlxe Anaheim General Plan designates the subject property for commercial re:creational land uses commensurate with the proposal; that that Initial Study submitted by the petitioner indicates no significant individiial or cumulative aclverse environmental impacts; and that the Negative Declaration substantiating the foregoinq findings is on file in the C±ty of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cc•mmission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the pr.oposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property sha11 pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Harbor Boulevard. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framirg. 4. That subject property shall be served by underground utilities. 5. That sidewalks shall be installed along Harbor Houlevard as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. -2- PC82-173 _ ,__ .~ . . . . , .., s~~ r~, ~ 7. That the owner(s) ef subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for commercial buildings prior to the issuance of a buil.ding permit. 8. That appropriate water assessment fees as d~termined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 8. 10. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the buildi.ng permit is issued, or within a period ef one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 11. That Condition Nos. 2, 4, 5, 6, and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planr_ing Commission 3oes hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should anv 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, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of September, 1982. .~~!~~~~~°-~•~~/~-- /~ CfiAfRt~lAtd, RNAIi~2td CITY II1G COMMISSION ATTESI: JL~ ,Q 1~ / G d~ ~;~,,~,a; SECRETARY, ANBFiEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution cvas passed and adopted at a meeting of the Anaheim City Planning Commission held on September 20, 1982, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERSST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NON~' IN WITNESS ~+IHEREOF, I have hexeunto set my hand this 20th day of September, 1982. ~ n ~ ~ ~~ dL.(.~k. SECRETARY, ANAHEIM CITY PLANNING COMMISSI0t7 -3- PC82-173 :,:=~