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86R-173 RESOLUTION NO. 86R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2765. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from CLAUSEN-ENTERPRISES, 2795 West Lincoln Avenue, IF, Anaheim, California 92801, ATTENTION: CRAIG M. CLAUSEN, owner, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 100.00 FEET OF THE EAST 524.00 FEET OF THE NORTH 288.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 36.00 FEET OF THE NORTH 66.00 FEET THEREOF; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC86-54 granting Conditional Use Permit No. 2765; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a 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 located. 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, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. 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 citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2765 be, and the same is hereby, granted permitting a 2-story, 37-unit motel and manager's apartment on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.04.045.014 AND 18.44.063 Minimum structural set- back. (3S-foot special setback from Lincoln Avenue required; trash enclosure at 11.5 feet proposed) -2- SECTIONS 18.05.093.023 AND 18.44.067 Permitted location of freestanding sign. (40 feet minimum setback from east property line re- quired; 15 feet proposed) Maximum structural height. (5 feet permitted when structure located 10 feet from single-family resi- dential zoning to south; 22 feet proposed to RS-A-43,OOO Zone) subject to the following conditions: SECTION 18.44.062.011 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, primary water main 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 for new commercial buildings. 4. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Lincoln Avenue in an amount as determined by the City Council. 7. That subject property shall be served by underground utilities. 8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That fire sprinklers shall be installed as required by the City Fire Marshal. -3- 11. That a six (6)-foot high masonry block wall shall be constructed and maintained along the south property lines. 12. That the owner of subject property shall submit a letter requesting termination of Variance No. 3371. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 14. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 6, 9 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That prior to final building and zoning inspections, Condition Nos. 4, S, 7, 9, 10, 11 and 13, above-mentioned, shall be complied with. 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 appro~als herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by Council of the City of Anaheim this 29th day of April, AHEIM PRO TEM the City 1986. ATTEST: C~~O~~~EIM JWF:fm 5320M 060386 -4- ......---.....:.~ ......_......,:... ......;., t~ . ......~-.-.......--.......~................rt' .-..:~.~A4W ...................r.UIIo............... CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-l73 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of April, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-173 on the 29th day of April, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of April, 1986. ~A /L~ CITY CLERK OF THE CITY OF ANAHEIM _. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-l73 duly passed and adopted by the Anaheim City Council on April 29, 1986. ~~?t~ CITY CLERK