Loading...
PC 85-231l~ RESULU7'ION N0. PC85-231 A RESOLUTION OF THE ANAHEIDt CITY PLANNING CO[9MISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2725 Bu GRA.NTED~ IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from RAJNI B. PATEL, ET. AL., 1600 South Harbor Boulevard, Anaheim, California 92802, owner of certain real property situated in the City of Anaheim, County of Ocange, State of California, described as follows: PARCEL 1: ^tHE &OUTHERLY 119.96 FEET OF THE NORTHERLY 459.96 FEET OF THE NORTHEASi QUARTER OF THE NORTHEAST QUARTER OF THE $OUTHWEST QUARiER OF SECTIUN 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS~ AS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGL•' COUNTY, CALIFORNIA. EXCEPTING TFIEREFROM THE WESiERLY 330.00 FEET, PARCEL 2; THAT PURTION OF THE NORTHEAS:' QUARTER OF THE SOUTHkEST QUARTER OF SECTION 27, POWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHOS SAN JUAN CASON DE SANTA ANA AND LAS 80LSAS, AS SHOWN ON A~1pp RECORDEll IN BOOK 51, PAGE 10 OF PIISCELLANEOUS P1APS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCFIBED AS FOLLOWS: BEGINNING AT THE INTERSECTZON OF THE EAST LINE OF TRACT 3267~ AS SHOWN ON A MAP TtIEREOF, RECORDED IN BOOK 102, PAGES 41 AND 42. MISCELLAi9EUUS MAPS, RECORDS OF SAID ORANGE COUNTY, WITH A LINE WHICH IS PARALLEL WITH AND 340 FEET SOUTY., MEASURED AT RIGHT ANGLES FROM TIiE CENTERLINE OF ORANGE4100D AVENUE, AS SAID CENTER:.INE IS SHOWN ON SAID FIAP; THF.NCF. F.I:em~p~l gyGNG SAill ='~u~i~Li,Li LiNt: 1'U THE INTERSECTION OF A LINE WHICH IS PARALLEL WIT[i AND 20 .FEET EAST~ MEASURED AT RIGHT ANGLES FROM TFIE EAST LINE OF SAID TRAC2 3267; iHENCE SOUTHERLY ALONG THE LAST MENTIOPtED PARALLEL LINE 119.97 FEET TO THE NORTH LZNE OF THE SOUTH 2U0 FEET 0[' THE NORTHEAST QUARTER OF TH~ NORTHEAST QUARTER OF THE SOUTHWESR' QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST~ AS SHOWN ON A MAP THEREOF~ RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE WEST ALONG SAID NORTH LINE 20 FEET TO THE EAST LINE OF SAID TRACT 3267; THENCE NORTH ALONG SAID EAST LINE TO TH~ POINT OF BEGINN2NG. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Cit~• of Anaheim on October 28, 1985 at 1:30 p,m,~ notice of said puSlic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim hlunicipal Code. Cnapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and cecommendations in connection therewith; and 0637r PC85-231 l;ci~r~~,~.,;.k:..,,... ......,, ., ...~......,.~.. WHEREAS, said Commission, after due inspection, investiaation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heacing, do~s Eind and determine the foll.owing facts: ~• That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18,4d.050.160 to wit: to construct a 3-story, 51-unit motel in addition to an existing commercial building with waiver of: SECTZUtdS 18.06.040.0231, - blir.imum number and t e of arkin s aces. 1a.06.050.022 (63 spaces required with a maximum 258 small J.8.06.050.0241, car spaces permitted; 48 snaces with 408 18.06.080 AND cmall car spaces 18.44._ p6_ 6,050 - Proposed) Z• Thal- the requested waiver is hereby granted, in part, permitting a minimum of 47 parking spaces to be provided on-site, but requiring that no more than 258 of those spaces be designated for small cars, as permitted by code, on the basis that the parking waivec will not cause an increase in traffic congestion in the immediate viciniry nor adversely affect any adjoining land uses and granting of the parking waiver 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; and fucther subject to the condition that a covenant sha11 be recorded specifyir.g that subject Farking variance shall terminate and become null and void upon any change of use from the existing retail wig shop and also subject to the condition that revised plans shall be submitted to and approved by the City Traffic Engineer indicating a maximum of 258 small car parking space.^,. 3. That the prooosed use is herebf granted to permit a 51-unit motel and a retail aiig shop, subject to revised plans bein9 approved by the Planning De,partment, (a) eliminating any outside access to any bedrooms in either the manager or owner's unit and (b) showing a minimum of 47 parking spaces with a maximum of 258 (12) being designated for small cars. a• ~`~~= ~::~ ~c~~u~eo use will not adversely affect the adjoining land uses and the yrowth and development of the area in which it is proposed to be located. 5. That the 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 general welfare of the Citizens of the City of Anaheim. 6. That the granti.ng 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 oE the City of Anaheim. 7. That the traffic generated hy the proposed use will not impose an undue bucden upon the streets and highways designed and improved to carry the traffic ia the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to tha subject petition. -2- PC85-231 BNVIRONMEtJTAL It4PACT FINDING: That the Anaheim City Planning Cotnmission has reviewed the proposal to reclassify the northerly 51 feet o£ subject property fcom the ks-A-43,000 (Residenkial, Agricultural) Zone to the CL (Co~meccial, Limited) Zone to construct a 3-story, 51-~nit motel in addition to an existiny commeecial building with waivec af minimum number and type of parking spaces on a[ectanyularly-shaped parcel of land consisting of approximately 0.80 acre having a frontage of approximately 120 feet on the west side of Harbor Boulevard, and further described as 2125 South Harbor Roulevard; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the publir, review process and further Einding on the basis of the initial study and any comments ~eceived that there is no substantial evidence that the project will have a significant effect on the envicontnent. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby g[ant subject Petition f.oc Conditional Use Permit, upon the following conditions which are hereby found to be a necessary pre[equisite to the proposed use of the subject property in ordec to preserve the safety and yeneral welfare of the Citizens of the City ot Anaheim: 1. That prior to issuance of a building permiC, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council foc new commercial buildings. ,.. That the driveway shall be constcucted to accommodate ten (10) foot radius cuctr returns as required by the City Traffic Engineer. 3. That drainage of subject property shall be disposed of in a manne[ satisfactory to the City Engineer. 4. That in tt~e event subject property is to be divided for the purpose of sale, lease, ar financing, a parcel map to record the approved division of subject p~operty shall be submitted to and approved by the City of Anaheim and then be ~ecorded in the Office of the Orange Co~~nty Recocdec. 5. That subject pr~perty shall be served by unde~gcound utilities. 6. That prioc to commencement of st~uctural framing, fire hydrants shall be installed and charged as required and determined to be necessaey by the Chief of the Fice Depattment. 7. That trash storage areas shall be provided and maintained in accordance wlth approved plans on file with the Stceet Maintenance and Sanitation Division. 8. That the owner of subject prope~ty shall pay to the City of Anaheim a fee for street ]ighting along Harboc Boulevard in an amount as determined by the City Cour.cil. 9. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Harbor Boulevard in an amount as determined by ttie CiL•y Council. _3_ PC85-231 . . .. ......, ~ 10. That a covenar.t shall be recorded against the property, i~ a form satisfactory to the City Attorney, indicating that subject parking variance shall terminate and become null and void upon any change of use in the existing retail wig sh~p unlese additional parking is provided, in accordance with Chap.ar 28.06 "Vehicle Parking and Loading Requirements". 11. That this Conditional Use Permit is granted subject to the adoption of th~ Zoning Ordinance in connection with Reclassificatior: No. 85-86-1U, now pending. 12. Ynat all air conditioning facili.ties and othec roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent resid~ntial pcoperties. 13. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 14. That a six (6) foot high masonry block wall shall be constructed and permanently maintained along the westerly property line. 15. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked ~xhibit Nos. 1 through 9; provided, howeve:, that outside access to bedrooms in the man~ger and owner's units shall be eliminated and that a minimum of 47 parking spaces shall be prorided with a maximum of 258 (12) being designated for small cars. 1G. That pzior to issuar,ce of a building permit, or within a period oL one year from the date of this cesolution, whichever occurs first, Condition Nos. 1, 8, 9, 10 and 11, above-mentioned, shall be complied with. Extensions Eor furthec time to complete said conditions may be g~anted in accordance with Section 18.03.090 of the Anaheim ~funicipal Code. 17. That pcior to final building and zoning inspections, Condition Nos. 2, 3, 5, 7, 12, 14, and 15, above-mentioned, shall be complied with. BE Ii' EURTHER 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 heteinabove set forth. Should any such conditions, or any part thereof, be declared invalid or ur.enforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any aoprovals herein contained, shall be ~eemed null and void. iHE FOREGOING RESOLUTION is signed and approved by me this 28th day of October, 1985. ~ ^ ~ G~ cw~. ~ Q C_. ~ C~c-[-G/ CHAIRWOPIAN, ANAHEIPI C:ITY PLANNIP'G COMMISSION ATTESi• ~~~ ~ ~ SECRETA~tY~ ANAHEIPI CITY PLANNING COMMISSION -4- PC85-231 I~fWYA'.W~n,«iu~ ..-.,..~.. . .~ .......... ...... ... . ... . . .. . _ . . . . . . . . . . . . ... . . . _ __....._~..;.,,:. STAiE OF CALIFURNIA ) COUNTY OF URANGE ) ss. CTTY OF ANAHE?M ) I, Editf: L. Harris, Secretary of the Anaheim City Planning Commission, do hereby ~ertify that the foregoing resolution was passed and adopted at a meeting of Lhe Anaheirr, City Planning Commission held on October 28, 19&5, by the following vote of the members thereof: AYES: COMb1ISSI0NERS: BOUAS, FRY, HERBST~ LA CLAIP.E, LAWICKI~ FIESSE NUES: COt•1MISSIONER~: NONE ABSENT: COMMLSSIONEP.3; MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of : Uctober, 1985, i~ _ ~ ~. ~ .~ ,~/ ..~, , ~ SECRETARY~ AhAHEIM (,ITY PLANNING COMMISSION -5- PC85-231