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1982-488 RESOLUTION NO. 82R-488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 23 5 5 . WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ALFRED D. PAINO, KIM SHIK and MYUNG SHIK YUN, owners, and ULYSSES E. BAUER, agent, to permit a lOl-unit motel with on-sale alcoholic beverages with a waiver of the minimum number of required off-street parking spaces on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 3 OF PARCEL MAP NO. 79-275 AS PER MAP FILED IN BOOK 154, PAGES 47 AND 48 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, CALIFORNIA. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 154, PAGES 47 AND 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, -1- ..~...........~ ...:;... ..........-......~....- .. ~..'-""""""'" WlIEREAS, ~he City Planning Commission did hold a public hearing upon said application at the City Hall in ~he City of Anaheim, notices of which public hearing were duly given as re- quired hy law and the provisions of Ti~le 18, Chapter 18.03 of the Anaheim Municipal Code, and WHEREAS, said Commission, after due inspection, investi- gation and studies made by itself and in its behalf and af~er due con8idera~ion of all evidence and reports offered at said hearift9. did adopt its Resolution No. PCB2-150, aD~rovin9 Conditional Use Pe~it No. 2355 , and MIEREAS, thereafter, within the time prescribed by law, an interested" party or the City Council, on its own .mo~ion, caused the review of said Planninq Commission action at a duly noticed public h.aring; and WHEREAS, at the time and p~ace fixed for said public hearing, the City Council did duly hold and conduQt ~uch hearing and did qive all persons interested therein an opportunity to be heard and did receive evidence and reports, and WIIEREAS, the City Council finds, after careful consider- ation of the recommendations of the City Planning Commis8ion and all evidence and reports offered at said hearing, ~hatl 1. The proposed use is properly one for which . conditional use permit is authorized by the Anaheim Municipal Code. 2. 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 loca~ed. 3. 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, heal~h, safety and general welfare. 4. The traffic generated by the proposed use will not im- pose an undue burden upon the streets and hiqhways designed and improved to carry the traffic in the area. S. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and.general welfare of the ci~izens of ~he City .of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission ~DD~vina said conditional use pe~it be, and the same is ere y, ~dand that Conditional Use Permit No. ?~~~ be, and the ~ereby, qranted pe~itting a lOl-un~t motel on the hereinabove described real property with on-sale .of alcoholic beverages with a waiver of the following provision of the Anaheim Municipal Code: --2- ATTV-26 (Pllge 2 of 2 Pagel) .;~.__....... ~"''''''''_'_l'' . .......... :~.."'''''''":...~~... ................ ...~...~. ........ ........-...;.:-~_ft..:.__=--.....................~.~..'lI...._.....~_...:;... :.... .___......."'-'.........---...........-.-............. SECTIONS 18.06.060.0231, 18.06.060.0243 and 18.44.066.050 Minimum number of parking spaces (113 spaces required; 97 spaces proposed) subject to the following conditions: 1. That street lighting facilities along Beach Boulevard shall be installed as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Mmager; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City prior to approval of bUilding permits. The above-required improvements shall be installed prior to occupancy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owners of sUbject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each commercial building prior to the issuance of a building permit. 7. That the owners of subject property shall submit a letter requesting termination of Variance No. 1874 to the Planning Department. 8. That subj~Ct property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3 provided, however, that a six (6) foot high block wall shall be constructed ten (10) feet from the westerly property line along Hayward Street. 9. That Condition Nos. 1 and 7, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -3- ....-:-.....,;......~, . ......~~_...-,...,~.. 10. That Condition Nos. 2, 4, 5 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council 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 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 contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of October, 1982. A4~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~.~~ CITY C!L-ERK 0 THE C OF ANAHEIM JLW: fm 0208M 10-14-82 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-488 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of October, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-488 on the 5th day of October, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of October, 1982. ~ J.~~ CITY CLE~' OF THE CITY OF AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-488 duly passed and adopted by the Anaheim City Council on October 5, 1982. C:X.J~ /~ " CITY CLERK _. . "------- .... ..-. ... *"'I." .._~. .-.~.....-...c.~..._':""""".:.' .........=:,jo..~.........~......__ ._....~ ...~"""._A