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PC 83-134RESOLUTION NO. PC83-134 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMI.iSION THAT PETITION FOR CONDITIONAL USE YERMIT NO. 2469 BE GRANTED, IN PART WHEREAS, the Anaheim City 2lanning Commission did receive a verified Petition for Conditional Use Permit from BROOKSIDE ENT~RPRISES, INC., Old Guasti, California 91743, uwner, and U. E. BAUEk, ARCHITECT, 17390 McAllister, Riverside, California 92503 & MRS. D;YUNG SHIK YON, 735 South Beach Boulevard, Anaheim, California 92804, age~ts of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: BEGINNING AT A LOINT ON THE EAST LINE OF THE SOUTH ONE-HALF QF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, 255.41 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTH ONE-HALF, AND RUNNING THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID SOUTH ONE-HALF, 440.00 FEET; THENrE NORTH PARALiEL TO IHE EAST LItdE OF SAID SOUTH ~NE-HALF, 198.00 FEF.T; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SOUTH ONE-HALF 440.00 FEET TO A POINT ON THE EAST LINE OF THE SAID SOUTH ONE-HALF; THENCE SOUTH ALONG SAID EAuT LINE 198.00 FEET TO THE POINT OF BEGINNZNG~ CONTAINING 2.00 ACRES OF LAND, MORE OR LESS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on .7uly 1J., 1983, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing havin9 been continued to the Planning Commission meel•ing of August 8, 1983; and WHEREAS, said Commission, after due inspection, investigation an9 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 followic~g facts: 1. That L-he proposed use is properly one £or which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 & 18.44.050.160 to wit: to permit a 107-unit motel and restaurant with on-sale alcoholic bev?rages in the CL (Commercial, Limited) zone with waivers of: (a) SECTION 18.44.062.011 - Maximum structucal heiqht (b) SECTION 18.44.063.010 - Minimum front landscaoed setback (c) SECTION 18.44.063.040 - Minimum landscaoed setback adiacent to residential zone boundary 2. That the requested waivers (a), (b) and (c) are not necessary because revised plans were submitted, eliminating the need for said waivers. #0007r PC83-134 i /"„~ 3. That the proposed use is hereby granted subject to the Following stipulations made by L•he petitioner at the public hearing: (A) That aluminum louvered privacy screens shall be placed on all third story windowG, and also on a1.1 second story windows if it is determined that there is visual invasion from subject motel to tiie adjacent residents' yards and homes from said second story windows; and that an eight ~8) foot high aluminum louvered privacy screen shall be provided to enclose the sundeck area. (B) That an eight (8) foot high concrete block wall shall be constructed on the south and west property lines prior to commencement of constiuction of the motel building. (C) That the stairway on the west shall be fully enclosed to pcevent any visual invasion of the residential properties to the west. 4. That the proposed use, as qranted, will not adversely affect the adjuininq land uses and the growth and development of the area in which it is proposed to be located. 5. That the si°e and shape of the site proposed for the use, as granted, is adequate to allow the fvll development of the pcoposed use in a manner not detrimenta~ to the particular area nor to the peace, health, safety and general welfare of the Citizens af the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use, as granted, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That 18 persons indicated their presence at the July 11, 1983 public hearing in opposition and 4 persons indicated their presence at the August 8, 1983 public hearing in opposition; and that no correspondence was received in opposition to the subject petit~on. ENVIRONMENTAL IMPACT FINDIN~~: :'hat the Anaheim City Planning Commission has reviewed the proposal to pe:mit a 107-unit motel and restaurant with on-sale alcoholic beverages in the CL (Commercial, Limited) Zone on a rectangularly-shaped parcel of land consisting of approximately 1.73 acres having a frontage of approximately 198 feet un the west side of Brookhurst Street, approximately 125 feet north of the centerline of Stonybrook Drive and further described as 711 South Brooknurst Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submilted by the petitioner indicates no signi:icant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. _2_ PC83-134 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grar.t subje=t Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens oE the City of Anaheim: 1. That street lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Man+sger in accordance with specifications on fi.le in the Uffice of Utilities General Mana9er, and that security in the form of a bon9, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of building permits. The above-required imptovements shall be installed prior to occupancy. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildin9s. 3. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 4. That trash storage areas shall be provi.ded in accordance with approved plans on file with the Street Maintenance and Sanitation Division. That subject propezty shall be developed substantially in accordance with plans and specifications on file with the City uf Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3; provided, howev~r, that kitchen efficiency units may be installed in no more than twenty-five percent (25$) of the motel units, with a maximum of 6-cubic foot refrigeratocs, two-burner stoves excluding oven and baking facilities, and single compartment sinks, except that the manager's unit will be allowed to have full kitchen facilities; that aluminum louvered privacy screens shall also be placed on all third-story windows; that aluminum louvered privacy screens shall also be placed on all second-story windcws if it is determined that there is visual invasion from subject motel to the adjacent resident's ~/ards and homes fcom said second-story windows; that an eight (8) foot high aluminum louvered privacy screen shall enclose the sundeck area; and that the westerly staicway shall be er~closed to insure the pri.vacy of the homeowners to the west. 6. That prior to commencement cf construction of the building, a 8-foot high block wall (measured from the highest point of the adjacent finished qrade) shall be constructed along the west and south property lines . 7. That prior to final buildiiig and zoning inspectiuns, Ccndition Nos. 4 and 5, above-mentioned, shall be complied with. _g_ PC83-134 BE IT FURTHEP. RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condi.tions hereinabove set forth. Should any such conditions, 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 ~eemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 8ty day of August, 1983. CHAI MAN, ANAHEIM ~ITY P NING COMMISSION ATTEST: ~lY~Q ~ F~L w__~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF O.RANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the fore9oin9 resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 8, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ FRY, HERBST, KING~ LA CLAIRE, MC BURNEY NOES: COMNISSIONERS: NOtdE ABSENT: COMMISSIONERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August, 1983. ~~~_~~~ ~ ~~l.~.r..~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4- PC83-134 a. 0