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PC 83-154r-.. ,,,~, RESOLUTION N0. PC83-154 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2482 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from THE HUSTON BUILDING, 438 E. Katella, Suite H, Orange, California 92667, owner, and JOSAM OZYP, 7227 Cedar, San Bernardino, California 92406, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: LOT 100 OF TRACT N0. 2302, IN THE CITY OF ANAHEIM~ AS PER MAP RECORDED IN BOOK 76, PAGES 29, 30, AND 31 OF MISCELLANFOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THOSE PORTIONS OF LOTS 3 AND 6 OF MILES RANCHO, IN THE CITY OF ANAH'IM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT IN THE SOUTH LIN~ OF THAT PORTIODI OF THE EAST 250.00 FEET OF SASD LOT SIX, LYING NORTH OP A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT SIX ANA PASSING THROUGH A POINT ON THE WEST LINE OF HARBOR BOULEVARD~ FORMERLY SPADRA ROAD~ AS SAID ROAD EXISTING APRIL 29~ 1929, DISTANT 712.00 FEET NORTH OF THE CENTERLINE OF ROMNEYA DRIVE, DISTANT ALONG SAID SOUTH LINE NORTH 89° 33' 18" WEST A DISTANCE OF 42.69 FEET FROM THE CENTERLINE OF SAID HARBOR BOULEVARD~ 60.00 FEET WIDE~ AS SHOWN ON A MAP OF TRACT td0. 2302, RECOADED I[J BOOK 76~ PAGES 29 TO 31~ INCLUSIVE, OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID SOUTH LINE NORTH 89° 33' 18" WEST A DISTANCE OF 207.23 FEET TO THE WEST LINE OF THE EAST 250 FEET OF SAID LOT SIY.; THENCE ALONG THE WEST LINE OF THE EAST 250 FEET OF SAID LOT SIX, NORTH 0° 26' 42' EAST A DISTANCE OF 86.92 FEET; THENCE SOUTH 80° 06' 00° EAST A DISTANCE OF 117.55 FEET; THENCE NORTH 89° 43' 09 EAST A DISTANCE OF 73.1b FEET; THENCE SOUTfI 15° 55' 24' EAST 68.47 FEET TO THE POINT OF BEGINNING. SAID LANil IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FTLED IN BOOK 67~ PAGE 49 OF RECORD OF SURVEYS IN THE OFFICE OF SAID CUUNTY RECORDER. YARCEL 3: THAT PORTION OF I,OT 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORllED IN BOOK 4~ PAGE 7 OF MISCELLANEOOS MAPS, IN THE OFFICE OF THF, COUNTY RECORDER OF SAID l:OUNTY, DESCRIBED AS FOLLOWS: #0026r PC83-159 ~' ~ ::.. ,::: ';t'%'~ ~`+.'~' / BEGINNING AT A POINT ON A THE WESTERLY LINE OF HARBOR BOULF.CARD FORMERLY ,o ' ~ , SPAilRA RQAD, AS SAID ROAD EXISTING APRIL z9r 1929, DISTANT 712.00 FEET NORT ,~ HERLY OF THE INTERSECTION WITH THE CENTERLINE OP ROMNEY?~ i? .j DRIV~; TH~;TCE WESTERLY 150.00 FEET PARALLEL WITH THE NORTHERLY LSNE OF SAID LO°_' 6; THENCE R F R I HARBOR BOU EVARD; T ENCE EASTERLY 150SOOD T T NE F E PpRpLLEL WITH SAID NORTHERLY LINE OF LOT 6 TO SAID WESTERLY LINE OF HARBOR BOULEVARD; THENCE NORTHERLY 50 00 . FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. z:!: ' EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 8 FINAL ; ~;~; IN THE ORDER OF CONDEMNATZON RECORDED AUGUST 4~ 1958, IN BOOK 4371, PAGE 185 OFFI r _~ , CIAL RECORDS. :i~,`,I r SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A :~ 1,. MAP FILED IN BOOK 1~, PAGE 24 OF RECORD OF SURVEYS IN TH ; ; i; : , E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. „, PARCEL 4: THAT PORTION OF LOT 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAF RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SPADRA ROAD AS SAID ROAD FXISTF.D ON APRIL 29, 1929, 552 FEET NORTHERLY OF THE INTERSECTION OF THE WEST LINE OF SPADRA ROAD WITH THE CENTER LINE OF ROMNEYA DRIVE; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT SIX, 150.00 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF SPADRA ROAD 110.00 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT SIX, 150,00 FEET; THENCE SOUTH 110.00 FEET; THENCE EAST PARpLLEL TO THE NORTH LINE OF SAID LOT SIX, 150 FEET; THENCE SOUTH 110.00 PEET TO THE YOINT OF BEGSNNING. PARCEL 5: THAT PORTION OF LOT 6 OF MILES RANCHO~ IN THE CITY OF ANAHF.IM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4~ PAGE 7 OF MISCELLANEOUS MAPS~ IN OFFICE OF T$E COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT O[G THE EAST LINE OF SAID LOT~ DISTANT 712.00 FEET, MEASURED ALONG SAID EAST LINE~ FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID LOT~ (SAID EAST AND SOUTH LOT LINES BEING CONSTRUED TO BE THE CENTER LINE OF ADJOINING ROADS AS SHOWN ON SAID MAP); THENCE WESTERLY ON A LINE PAI2ALLEL WITH THE NORTH LINE OF SAID LOT~ 180.OU FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING W~STERLY ALONG SAID LAST MENTIONED LINE PARALLEL TO THE NORTH LINE OF SAID LOT, 100.00 FEET; THENCE SOUTH PARALLGL WITH THE EAST LINE OF SAID LOT, 210.OU FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT, 100.00 F~ET; THENCE NORTH PAF,ALLEL WITH THE EAST LINE OF SAID LOr~ 210 EEET TO TAE TRUE POINT OF BEGINNING. -2- PCS3-154 L .-., r'.."•. WHEREAS, the City Planning ~ommission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 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 anu make findings and recommendation~ in connection therewith; said public hearing having been continued to khe Planning Commission meeting of Septembe~ 7, 1983 and WHEREAS, said Commission, after due inspection, investiqation and study made by itself and in its behalf, and after due consideration of all e~idence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by A~aheim Municipal Code Section 18.44.050.160 to wit: to permit a 3-story, 120-room hotel. 2. That the proposed use is hereby granted subject to the deletion of the three (3)-foot wide walkway easement proposed along the northerly property line on Revision No. 1 of Exhibit No. 1 on the basis that the Police Department and Tra£fic Engineer recommended against the proposed walkway because of the potential danger to pedestrians walking along the easement and crossing Harbor Boulevard at mid-block. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That th? size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and genera]. welfare of the Citizens of the City of Anaheim. 5. 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. 6. T.hat the traffic generated by the proposed use will not impose an undue burden upon the streets and hi.ghways desiqned and improved to carry the traffic in the area. 7. That 9 persons indicated their p*esence at the August 22, 1983 public hearing in opposition and no one indicated their presence at the September 7, 1983 public hearin9 in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commiss.ion has reviewed the proposal to reclassify subject property from the CG (Commercial, General) and RS-7200 (Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone to permit a 3-story, 120-room motel on an irregularly-shaped parcel of land consisting of approximately 1.48 acres, having a frontage cf approximately 230 feet on the west side of Harbor Boulevard, approximately 550 feet north of the centerline of Romneya Drive, and futther described as 1251 North Hazbor Boulevard; and does hereby approve -3- nC83-154 the Negatiae Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject 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 of the City of Anaheim: 1. That this Condikional Use Permit is granted subject to the completion of Reclassification No. 83-84-2, now pending. Z. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Araheim, in an amount as determined by the Office of the Utilities General Manager. 3• That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to tl~e City of Anaheim in an amount as determined by the City Council for new commercial buildings. 4• That a modified cul-de-sac shall be provided at the terminus of Raleigh Street as required by the City Engineer. 5• That drainage of subject property shall be ~:sposed of in a manner satisfactory to the City Engineer. 6• 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. 7• That trash ~torage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 8. That a 6-foot high masonry bl~ck wall shall be constructed along the south and west property lines adjacent to the residential zoning. 9. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away Erom adjacent property lines to protect the residential integrity of the area. lU. That subject property shall be developed substantially in accordance with plans and specifications on file with the City cf Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3; provided, how~ver, that kitchen eificiency units may be installed in no more than twenty-five percent (258) of the motel units, with a maximum of 6-cubic fook refrigerators, two-burner stoves excludin9 oven and baking facilities, and single compartment sinks, except that the manager's unit will be allowed to have full kitchen facilities; and further providing that the 3-foot wide pedestrian easement along the northerly property line is not required. -4- PC83-154 ~ _. , . ~ ~ 11. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whicliever occurs first, Condition Nos. 1, 2, 3, and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance F•i•-h Section 18.03.090 of the Anaheim Municipal Code. ~ 12. That prior to f?nal building and zoning inspections, Condition Nos. 4, 5, 7, 8, 9 and lU, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine th~.. adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions 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 cortained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of September, 1983. ~ r • o_.CAH C~~I~M^~~ EIM CIPY PLAftNING COMMISSION ATTEST: ~ ~ SECRETARY ~~~"`~ r ANAHEIM 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 he:eb,y certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Com-nission held on September 7, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ HERBST~ KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT; COMMISSIONERS: NONE IN WITNESS WH~REOF, I have hereunto set my haf.d this 7th day of September, 1983. ~.~ ~ ~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -5- PC83 ~54