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PC 83-21~ ~~~ RESOLUTION NQ. PC83-21 A RESOLUTION OF THE ANAHEIM CITY PLANNING CpMMISSION THAT PETITION FOR VARIANCE NO. 3318 $E GF2ANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from CHAO-SHONG CHEN, ET AL., 9166 Helm Avenue, Fountain Valley, CaZifornia 92708, awner, and FRANK CHUI, 18019 Sky Park Circle, "E", Irvine, Cali£ornia 92714, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: LOT 2 OF TRACT NO. 5688, IN THE CITY OF TiNAHEIM, COUNTY OF ORANGE, STATE OF ^AI,ZFORNIA, AS PER MAP RECORDED IN BOOIC 209 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTHERLY 100 FEET OF SAID LGT 2, THE NORTHERLY LINE OF SAID SOUTHERLY 100 FEET BEING PARALLEL WITH THE TANGENT PORTION OF THF. SOUTHERLY LINE OF SAID LOT 2, AND THE BASTERT,Y PROLONCATION THERr,OF. ALSO EXCEPT THAT PORTION OF SAID LOT 2, THE FOLLOWING: BF.GINNING AT THE SOUTHWEST CORNER OF THE LAND CONVEYED TO UNION BANK, BY TRUSTEE'S DEED RECORDL'D AUGU5T 30, 1968 IN BOOK 8708 PAGE 577, OFFTCIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING IN THE WESTERT,Y LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE NORTH 1° 20` 16" WEST 298.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEA:;TERL'Y AND HAVING A RAp2US OF 1%.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 13' 46" AN ARC DISTANCE OF 10.45 FEET TO A POINT OF .:NTERSECTION WITH A NON-TANGENT t:~RVE CONCAVE SOU^'HT4ESTERLY FiND fiAVING A RADIUS OF 79.00 FEET, A RP,pIAL LINE OF SAID LAST MENTIONED CURVE PASSING THROUGH SAID POINT BEARS NORTH 50° 23' 39" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAI, ANGLE OF 38° ~6' 05" AN ARC DISTANCE OF 52.76 FEET; THENCE Ti;tdGENT TO SAID CUF.VE AND PARAI,LEL TO THE WESTERLY LINE OF SAID LOT 2, SOUTH 1° 20' 16" EAST 260.27 FEET TO THE SOUTHERLY LINE OF SAID LAND OF UNION BANK; THENCE ALONG SAID LAST MENTIONED SOUTHERLY LINE SOi7TH 89° 43' 44" WEST 20.01 FEET TO THE POINT OF BEGINNING. WfiEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on January 24, 1983, at 1:30 p.m., notice of said publ.ic hearinq 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 an3 make findings and recommer.dations in connection therewith; and #04442 PC83-21 !~~ ~~^ WH~REAS, ~aid Commission, after due inspection, inveatigation azd 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 petitioner proposes waivers of the followi.ng to construct a lobby an1 office addition to an existing motel: SECTION 18.06.06Q.02h3 - Minimum number of parking spaces and 18.46.066.050 (128 spaces required; 120 spaces proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that the request is minimal. 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 yenerally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the prooerty in question. 5. That the requested variance will not be materially detrimental to the public w~lfare or injur=ous to the property or improvements in such vicinity and zone in which the property is located. 6. That no one ir..iicated their presence at said public hearing in opposition; and t.hat no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a lobby and office addition to an existing motel with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 1.97 acres, having approximate frontages of 315 feet on the west side of Harbor Houlevard and 315 feet on the east side of Mallul Drive, and further described ay 2171 South Harbor Boulevard (Harbor Inn "ravelodge; and does hereby approve the Negative Declaration .from the requiz•ement to prepare an environmental impact report on the basis that there woulcl 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 that Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiatiiig the foregoing findings is on file in the City of Anaheim Planning Department. NOL4, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition £or Variance, upon the following conditions which are hereby found to be a necessary prereauisite to the proposed use of the subjec.`. property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC83-21 ,--, 1. That the qutters shall be removed and reconstructed along Harbor Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. That prior to issuance of a building permit, the design and improvement of the existing driveway on Harbor Boulevard shall be reviewed and approved by the City Traffic Engineer. 3. That tr3sh storage areas shall be provided in accordance with approved plans on iile with the Office of the Executive Director of Public Works. 4. That subject propert~; shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 5. That Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. 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 rrith each and all of the conditions hereinabove set forth. Should any such condi.cloa, or any part the:eof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein c.ontained, shall be deemed null and void. THE FGREGOING RESOLUTION is signed and approved by me this January 24, 1983. ~i /~.~~/~~ ~~'7/"yl IAI , ANA.HEIM CITY P G COMMISSION ATTEST: ~~ . SECRETARY, p~7p,HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTI OF ORANGE ) ss. CITY OF ANAHEIM ) 2, Edith L. Harris, Secretary of 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 Jam~ary 24, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY'~ HERE3ST, KING, LA CLAIRE, MC BURNEY NOES: COMMI5SIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WEiEREOF, I have hereunto set my hand tliis 24th day of January~ 1983. ' ~ G ~`~Ms.eJ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-21