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1985-299RESOLUTION NO. 85R-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2678. 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 TA TSUN LIN and HEH-NIANG JAN LIN, owners, and JOHN SWINT, agent, to permit a 75-unit, 3-story motel upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL l: THE SOUTH 10.00 FEET OF THE NORTH 784.46 FEET OF THE WEST 40.00 FEET OF THE EAST 210.00 FEET 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. PARCEL 2: THAT PORTION OF THE EAST HALF 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 OAF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE NORTHERLY 679.46 FEET OF SAID EAST HALF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID EAST HALF WITH THE SOUTHERLY LINE OF SAID NORTHERLY 679.46 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 113.00 FEET MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN A DEED RECORDED ON MARCH 10, 1950 IN BOOK 1983, PAGE 28 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT EASTERLY 279.50 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE, BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 95.00 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID NORTHERLY 679.46 FEET; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT WESTERLY 210.00 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 14; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 105.00 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID NORTHERLY 679.46 FEET; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 40.00 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 113.00 FEET MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LAND OF KOSS: THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING; 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. PC85-123 granting Conditional Use Permit No. 2678; 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. -2- 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 not present and that said waiver(s) should be denied for the following reasons: 1. That there are no 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 strict application of the zoning code does not deprive 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. 2678 be, and the same is hereby, granted permitting a 75-unit, 3-story motel on the hereinabove described real property and that the requested waiver of the provisions of Section 18.44.063.040 of the Anaheim Municipal Code is hereby denied subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 84-85-31, now pending. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Beach Boulevard in an amount as determined by the City Council. 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 drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. 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. -3- 7. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 8. That sidewalks shall be installed along Beach Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 9. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 10. 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. 11. That a 6-foot high masonry block wall shall be constructed and maintained along the north and west property lines. 12. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 13. That 15-gallon or larger trees planted on 20-foot centers, with appropriate irrigation facilities, shall be planted and maintained along the north and west property lines. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 5; provided, however, that kitchen efficiency units may be installed in no more than twenty-five percent (25~) of the motel units, with a maximum of 6-cubic foot refrigerators, two-burner stoves excluding oven and baking facilities, and single compartment sinks, except that the manager's unit will be allowed to have full kitchen facilities. 15. That all guestroom windows, balconies and stairways facing the north and west property lines shall be fully screened to eliminate all visual intrusion into the adjacent residential condominium complex. Said screening shall be permanently maintained. .,-. 16. 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, and 3, 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. -4- 17. That prior to final building and zoning inspections, Condition Nos. 4, 5, 7, 8, 9, 11, 12, 13, 14 and l5, 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 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 9th day of July, 1985. ~~~ MAYOR OF THE CITY F ANA EIM ATTEST • ''~ CITY CLERK OF' THE CITY OF ANAHEIM JLW : f m 3981M 072685 -5- 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. 85R-299 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on '"~' the 9th day of July, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt 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. 85R-299 on the 9th day of July, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of July, 1985. 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. 85R-299 duly passed and adopted by the Anaheim City Council on July 9, 1985. CITY CLERK