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PC 84-149~~+1 ~'~'1 RL'SOliUTION N0. PC84-].49 A RESOLUTION OF 'I'H8 ANAHGIM CT7.'Y PLANNING t~O~yMISSTON THA°C P~Ti'1'ION i~0~t VARIANCE NU. 3407 BE GHANTED WEiEREAS, ~he Anaheim City Planning Commission did receive a verifa.ed Petition E'or Variance from CINDERELr~P~ MOTEL, 3764 East Amerlcan Avenue, Fr~sno, California 93725, ATTN; RA~,~H KAZARIAIV, owner of certain real property situated in the City of Anaheirn, County o~~ Or.ang~, State of Californi« described as: THE SOUTHEAST QUART~R OF TI3~ SUU~rHEAST QUARTER UF THF SOUTHW~ST QUAR'.['ER QF S~CiTON 22~ Z'OWNaHIP 4 SUU'1'F!~ '2AIVG~ 10 WEuT~ SAN nERNARDINO BASE AND MERIUTAN, CITY UL' ANAHEIP4, COUNxY OI' ORANGE, STATE OF CALIFORNIA. EXCFPTING 'rHEREFROt4 TH.~ NOR.T.EI 2Q0 I'EET. ALSO E~iCEFTING 1'HFREP'ROM THE SQU'!'H 250 FEET. ~VHLRCAS, the City Planning Commission did hol~ a public: hearing at the Civic Cen+.:er in thc Ca.ty of A~~aheim on Ju1y 23, 19a4, at 1:3Q p.m., notice " of said public hearing having been duly given as requirec3 by Iaw and in accordance with the provisiuns af' th~ Anaheim Municipal Code, Chapter. 1~.03, to hear and cansider evicienc~ for ~• investigat.~ and make £indiriys and recommPndations in conneci:ion`ther with;n dnd~ WHEREAS, said Commission, atter due ii~spection, investigation and study made by itself ~3nd in its ~~ehal£, and after due c~nsideration af all evidence and reporls offered at said h~aring, doe~ find and determ.ine the Following tacts: 1. That the petitior~ec prop~se~ a waive: oE the Following to expand a motel ~omplex: SECTION 18.06.050.p24 - Minimum number. of AND 18.48.06b.050 I~arkinq s~aces. (_21U suaces required for a 205-unit motel; la~~ s~aczs praposed) 2• Z'ha~ the abc~ve-mer-tioned waiver is hereby granted f.or the proposed 2U5-unzt mutel p].us m.3nager.'s suite plus owner's suite on the basis that the parking variance wi11 not cause ari i~ncrease in traffic cong~stzon in the immedidke vicinity n4r ~dversely aff~ect an,y adjoining land uses; and that the granting of the parking variance under the cur,ditions impo;ed, if any, wi~l not be detrimenl-a1 to the peace, health, safety or ge;~e~ral welf~zre ~t the citi.zens of the Ciky of An~heim. 3• That there are ~xceptional or extraordinary cir.cumstances or conclitions ap~licable t~ the property involveu or to the intencied use of th~ propsrty that do not appl,y generally to the prop~rty or class of use in 'the same ~viciciity and zone. ~ 4• That the reguEStec3 variance is necessary for the ~ and Anjoyment oF a suhstantial Preservation ~ the same vicinity and zonF, and den ed~to ~he ~ pas~essed by other property in r property in qu~stion. ; #0276r ~ PC84-].49 ~,;~~ :., . . ~ ~ ~ ~! ~A~ 5. That i:he requested variance wi]~1 nut be materiall.y de~rimer.tal to the public welFare or injurious to the prop2rty or improvements in such vicinity and zone in ~'..~ch the propFrty is located. 6. Th~: e~r,e indicated his presence at said public hearing in ~pposition; and ~ rio correspondence was r~ceived in opposit,ion to ~ixbject petition. ENVIFtOi~ _,NTAL TMPACT FINDIN~: T.i.~at the Anaheim City Flanning Cummissi~n has ~viewed the proposal to expancl a motel cc.:.~plex with waiver oF minimum numbe o~ parking spaces on a rectangularly-shaped parcel of land consistiny of approximately 2.9 a~res, having a fr~ritage of approximately 210 feet ~n the wesl-. side ot Harbor Boulevard an~9 further ciescribed as 17~7 South Harbor Boulevard (Candy CanP Mot;.el); and does hereby approve the NegG~ive Declaration upon findiny that it haU consid~rad the Negative Declaration toyether with any comments rec~ived during t:he pub~ic review proCess and further finding on the basis of the initial stuay and any comments received that ther~ is no substantial eva.dence t:hat ~he project will have a signiEicant af£ect on the enviranment. NOW, THEitEFORF,, BE :[T RESOL~VED that th~ Anahei.m Ci~y Planning Commis~io[i does herEby grant si:hject Pet~it.ion for Variance, upon ~.he following conditions wha.ch ar~ hereby found to be a necessary prerequi.site to t.he proposed use ~f the subject ~~:op~rty in order ~o prc:ser~ve the safaty and general welfare of the Citiz~ns of th~ City of Anaheim: 1. That prior to iss~~nce of a building p~rmit, the appropriate tr.affir. signal assessment fee sha11 be paid to the Ci.ty of Ar.~heim in an amount as ~et~rminec~ by the City Council for new cotnmercial buildings. :. Tliat damaged and/or hazardo~is sidewalks sha].1 be removed and/or reconstructed along Harbor Boulevard as required by the City Engineer and in accordance with standard plar.s and sp~cificai:i.uns or, filE in the OFfice of the City ~ngineer. 3. That drainage of subjQCt propert:y satisf~zctory to the City Enyineer. 4. That subject property shall be ser~ 5, 7.'hat trash storage areas sl~all approved plans ~n file with the Division. shall b~ ciisposQC1 of in a m~~nn2r ~e~ by undergro~:nd utilities. be provided in accordance wit~~ Str~et Mainter,ance and Sanitation n. That a11 driveways shall be rede~ignPd to accomm~clate ten (~~) fout radius curb returns as required by the Cit.y TrafPic Engineer. 7. That prior l-o commencement of ~tructur.al framing, fire hydrants :hall be installed and charged as required and determined to be nec~ssary by the Chie~ of the Fir~ Departmenk. -2- PC$4-~49 /„'"°~~ ~ds~fvl 8. Thal• if: at a future c~ate Lhe Ci.ty Traffic Engineer d~=termir~es tha~ tt~e p.ro~osed parking is inadequate to serve subj;~cL- usE, the central :lands~ap~d ar.~a immedia~ely east of the swimming paol sha11 be converted to parking spaces. 7.'tie n~zmber of ~paces to be pcovided snall be ~letermined by a parki~~g clemand study paid For by the petiLioner and revi~wed and approv~d by the City Traffic Engineec. 9. That a11 air conc~itioning tacilities sh~ll be prnperly sh:ielciecl f.rom view. :LO. Thac the proposaJ. sha.ll comply witt, a11 signing requirements oC the CR Zon~, unle~s~ a variance allowing sign w~i.vers is approved by the Planriing Commission or City Council. 11. That subject praperty shall be developed substantially in accordance with ,plans and specif~cations on file with the Ciky of Anah~im marlced Exhi.bit Nos. 1 through 12. 12. That the owner o.f subject: property shall submit a letter reque~ting terma.nation of Var:~a~nce No. 876. 13. That grior to the comm~ncem~nt cf th~ ~~ctivity ~utharized under this resolution, or ~~rior to the time that a building permit is iss-aed, or within a period of one year Erorr tr,e date of this resolu~ion, whichever ~ccurs firsh, Con~9ition Nos. 1 Und 12, above-mentioned, sha11 be complied wiL-h. Extensions for furttl~r time t~ complete said conditions may be gr~nted in accordance with Secta.on 18.03.090 of the Anaheim Municipal Code. 14. That prior t~ final building anc~ zoning inspections, Conciition Nos. 2~ 3~ 4~ 5~ ~, 9 and 11, above-mentioned, sha.ll be com~lied wi~h. BE IT FUFtTHER RESOLl~ED that khe Anaheim City Planning Commission c7oes hereby fincl and determine that adoption of this Res~lut:ion is expressly predicated upon applicant's com~liancF with each and al]. of che conditions herainabove set Forth. Shauld any such condit:ion, ~r any ~arC thereof, b~ declared invalid or unenForceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approv~lr.~ herein c:ontained, sha.ll be deemed nu11 and void. THE FORrGUING 12ESOLUTTUN is signed anci appcoved by rr,e th~s 23rr] dav of July,. 19a4. ,~ ~ '' ;'~ ,~., -~'`,~ .'.( ,:7_.~.i:<-. .c...' ~=~'~-~. - . CHAIRWOMAN, PRO TE:NPORE ANAHEIM CITY PLANN:~NG COMMISSION ~'1TTEST : (J ._ ~~ i /' % (~ ~Q ~'~ ~ ` •' ti..~L.wy SrCRET~'~RY, ANAHEIt+i CITY PLANNING COMM:ISSIt~N -~- ~ca4-~49 ,. ~,~.,~ ,'"'"'~ S`.Cf1TE C7F CALTP'ORNIA CUUNTY OF' ORANGE ) ss. CITY OF ANAHEIM ) I, Edil-.h L. I-iarris, Secretary of the Anaheim City Planning Camm~ssion~ do hereby certi~y that the foregoing resolution was passed arid adopted at a meeting of the Anaheim Cit.y Planning Commi.ssion held on July 23, 1984, by the followina voi:e of the members thereof: A'Y~~: COMMISSIOI~IERS: BOUAS, BUSHORE, ~'RY, KING, LA CLAIRE, MC BURNGY NOES: COMMISSIONERS: NONF ABSENT: COMMISSTONERS: HERBST TN WITNLSS 4~HEREOF, I have hereunto se~ my hand thi~ 23rd cla,y of July, 1984. ~ ~ ' ~ _~~ - . Gt..e._ ~ ~_,G-~/ SECRE~'ARY, AI~IAHEIM CITY x~LAIJNINi; COMMTSSION -4' PC84-149 ~ ,~..:r.; , , , :,:: . . , . . .