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PC 83-162r~ , RESOLUTION N0. PC83-162 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2475 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from NORBERT A. AND RUTH M. WATERS, 12132 Morrie Lane, Garden Grove, California 92640, owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEI. 1: THAT PORTION OF SECTION 13, TOWNSHIF 4 SOUTH, RAN~E 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SP.NTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MZSCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: PARCEL B AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QOARTER OF SECTION 13~ TOWNSHIP 4 SOUTH~ R:9NGE 10 WEST~ IN THE RANCHO fiAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS F]APS~ RECORDS OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED "NORTH 89 DEG. 02' 32" WEST 175.00 FEET IN THE BOUNDAgy OF PARCEL 3 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION~ SUPERIOR COURT CASE NO. 114537~ A CERTIFIED COPY OE WHICH WAS RECORDED JUNE 3~ 1964 IN BOOK 7073, PAGE 214 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE EASTERLY PROLONGATION OF SAID COURSE SOUTH 89 DEG. 02' 32• EAST 318.48 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERiY ALONG SAID CURVE~ FROM A TANGENT WHICH BEARS NORTH 0 DEG. 57' 28" EAST THROUGH A CENTRAL ANGLE OF 40 DEG. 56' 43" AN ARC LENGTH OF 214.39 FEET TO A POI[dT IN THAT COURSE DESCRIBF.D AS "SOUTH 52 DEG. 13' 12" WEST 24.19 FEET" ZN THE ROUNDARY OF SAID PARCEL 3~ DISTANT THEREON NORTH 52 DEG. 13' 12" EAST 2.55 FEEi FROM ITS SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAID BOUNDARY THE FnLLOWING COURSES: SOUTH 52 DEG. 13' 12" WEST 2.55 FEET, SOUTH 53 DEG. 20' 07" WEST 258.88 FEET AND SOUTH 79 DEG, 38' 53" WEST 188.66 FEET TO THE POINT OF BEGINNING. WHEREAS, the City F~lanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 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 propcsed nonditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of September 19, 1983; and #0037r PCC3-162 ~ ~. WHEREAS, said 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 proposed use is properly one for which a coaditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.160 & 18.44.050.010 to wit; to permit an 80-unit motel and cocktail lounge with on-sale alcoholic beverages in the CL (Commercial, Limited) 2one with wai ers °t: ~a) SECTION 18.04.042.080 - Minimum structural setback. (10 £eet required from a freeway right-of-way line; 3 feet proposed) (b) SECTION 18.44.062.011 - Maximum structural hei ht. ~~) SECTION 18.05.093.023 - Permitted location of freestandin si ns. (120 feet from west ro ert line permitted; 20 feet proposed) (a) SECTIONS 18.04.043.102 - Maximum fence he~ t AND 18.44.064 (6 feet permitted; 9 feet 2 inches proposed) Z. That the proposed use is approved, in part, denying the cocktail lounge with on-sale alcoholic beverages. 3. That the requested waiver (b) is hereby denied on the basis that the waiver was deleted by the submission of revised plans eliminating the need for said waiver ~ubsequent to the advertisement of the public hearzng. 4. That the requested waivers (a), (b) and (d) are hereby granted on the basis there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and t•hat strict application of the Zoning Code deprives the property o~ privileges enjoyed by other properties under identical zoning classification in the vicinity. stipulation• thaththe tsigns shall dbe directed, away afrom the tnea by Jresidential areas. 6. That• the requested waiver (d) is also granted on the basis that the 9' 2" iiigh block wall will provide a sound and visual barrier to protect the residential area to the north. 7. That the proposed use is hereby granted subject to the following stipulations made by the petitioner at the public hearing: a. That the hours of operation for the swimming pool shall be 9:00 a.m. to 10 p,m, b. That a security fence shall be located around the swimming pool adjacent to the landscaped buffer along the northerly property line to prohibit intrusion of the guests utilizing the swimming pool into said landscaped buffer area. i -2- PC83-162 I ~ ~~~ ! . ~tv~~.~ :. .,,. ... c. That a tree screen of fast growing Italian Cypress trees of a minimum size of 15 gallons or other acceptable tree species shall be planted along the 9' 2" high block wall on the northerly property line on 5-foot centers to eventually provide growth above the wall. d. That the proposed 1,456-square foot cocktail lounge proposed to be locat~d at the east end of the existing commercial complex on the westerly portion of subject property shall be completely eliminated from the plan and any modification to the plans in the future shall be sub;ect to the review of the Planning Department staff. 8. Thzt the proposed use will not adversely affer.t the adjoining land uses and the 9rowth and development of the area in which it is proposed to be located. 9. That the size and shape of the site proposed for the use is ,dequate to allow the full develonment of the proposed use in a manner not dE rimental to the particular area nor to th? peace, health, safety and general welfate of the Citizens of the City of Anaheim. 10. That the granting of the Conditional Jse 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. 11. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the trafEic in the acea. 12. That approximately 35 persons indicated their presence at the August 8, 1983 meeting and that 12 persons indicaLed their presence at the September 19, 1983 public hearing in opposition; and that a petition containing apgroximately 260 signatuzes was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim Cicy Planning Commission has reviewed the proposal to permit an 80-unit motel and cocktail lounge with on-sale alcoholic beverages in the ~L (Commercial, Limited) Zone with w~.~~ers of minimum struc*.ural setback, permitted location ef freestanding signs, ~nd maximum fence height on an irregularly-shaped parcel of land cons:.•'i~~g of approximat_ly 1.40 acres, having a frontaqe of approximately 392 feet ou the north side of Ball Road, having a maximum depth of approximately 215 feFt and being loc~;i:ed immediately west of the Or3nge (57) Freeway; and does hereby approve the Negative 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 Commi:.sion does hereby grant suuject Petition for Conditic:nal Use Permit, upon the fo.llowing canditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in orci:: to preserve the safety and general welfare of the Citizens of the City of Anaheim: -~ I -3- PC83-162 ~ ~""^, l. That the owner of subject property shall by recorded deed shall irrevocably offer to deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2. That prior to issuance of a b~ilding permit, appropriate water assessment fees shall be paid to the City of Anaheim, 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 the City of Anaheim in an amount as determined by the City Council foi new commercial buildings. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by undetground utilities. 6. That prior to commencement of structural framinq, fire hydrants shall be installed and charged as required and detecmined to be necessary by the Chief of the Fire Department. 7. Tha*_ trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sani~ation Division. 8. That the vehicular access rights, except at approved access points, to Ball Road shall be dedicated to the City of Anaheim. 9. That this Conditional Use Permit is granted subject to the complet=on of Reclassification No. 83-84-1, now pending. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. i of Ext,ibit Hos. 1 through 5; provided, however, that kitchen efficiency units may be installed in no more than twenty-five percent (258) of the motel units, with a maximum of 6-cubic foot cefrigerators, 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; and further provided that the proposed 1,456-square foot cocktail lounge shall be completely eliminated from the plans and any modification to the plans in the future shall be subject to review of the Planning Department staff. 11. That prior to the commen~ement of the activity authorized under this resolution, or prior to the time that a building pecmit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nas. 1, 8 and 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in acccrdance with Section 18.03.090 of the Anaheim Municipal Code. -4- PC83-162 r- 1z. That prior to final building and zoning inspections, Condition Nos. 4, 5, 7, and 10, above-mentioned, shall be complied with. 13. That the hours of operation for the swimming pool shall be 9 a.m. to 10 p.m. 14. That a security fence shall be located around the swimming pool adjacent to the landscaped buffer along the northerly property line to prohibit intrusion of the 9uests utiliziny the swimming pool into said landscaped buffer area. 15. That a tree scceen of fast growing Italian Cypress trees of a minimum size of 15-gallon or other acceptable tree spec,~es shall be planted along the 9' 2' high block wall on the northerly property line on 5-foot centers to even~iaally provide growth above the block wall. ., BE IT FURTHER 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 conditions hereinabove set forth. Should any such conditions, or aciy 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 19th day of September, 1983. Oili ~ ~I7~-y./ CHAIRMAN~ A EIM CiTY PLANNING COMMISSION ATTEST: `~~~-~G .~° ~~~, SECRETARY~ ~VAHEIM CITY PL~ANNING COMMISSION STATE OF CALIFOi2NIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary o£ the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 19, 1983, by the ,.~llowing vote of the members thereof: AYES: COMMISSIONERS: BUSHORE, FR'l~ HERBST~ KING~ LA CLAIRE NOES: COMMISSIONERS: BOUAS ABSENT: COMDlISSIONERS: MC BURNEY IN WITNESS WHEREOF, I have hereurlto set my hand thi~ 19th day of September, 1983. ~~ ' ~ ~~4'vlil.cai SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PCS3-162 !. ~ ~