Loading...
91-249 RESOLUTION NO. 91R-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3409. 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 to permit a 22-unit addition to an existing 18-unit motel upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL "B", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED SEPTEMBER 24, 1968 IN BOOK 17, PAGE 17 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY; 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. PC91-86 granting Conditional Use Permit No. 3409; 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 consideration 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. CUP #3409 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, Conditional Use Permit No. 3409 be, and the same is hereby, granted, in part, a 22-unit addition to an existing 18-unit motel permitting on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.44.063.040 Minimum open setback. and 18.44.064.010 ¢10 feet required adjacent to RS-A-43,000 zoning; 4 feet 6 inches proposed) subject to the following conditions: 1. That prior to issuance of a building permit, a traffic signal assessment fee equaling the difference between the commercial and motel and assessment fees shall be paid to the City of Anaheim in an amount as established by City Council Resolution No. 89R-198. 2. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing - 2 - CUP #3409 conformance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. ~'~ 3. That street lighting facilities along Lincoln Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or 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 of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 4. That the legal owner of subject property shall dedicate ~ to the City of Anaheim an easement five (5) feet in width along/across the west property line for public utility purposes. 5. That the legal owner of subject property shall maintain a minimum twelve (12) feet of separation between any portion of the building and the high voltage power lines that are located that are adjacent to or across the property. Any equipment used in the construction and maintenance of facilities located on the subject property shall not be operated within ten (10) feet of overhead high voltage power lines. The developer shall consult with the city of Anaheim Electrical Engineering Division for details and mitigations measures. 6. That a local fire alarm system shall be installed as ~ required by the Fire Department. If existing, said alarm system shall be extended into the addition. 7. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. 8. That prior to issuance of a building permit, a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and Sanitation Division. Upon occupancy of the project, said plan shall commence and shall remain in full effect as required by said Division. - 3 - CUP #3409 9. That a trash truck turnaround on-site be provided, as required and approved by the Department of Maintenance. 10. That specific plans shall be submitted to the Planning Department showing methods for softening or otherwise reducing the adverse visual impact of the long blank wall on the east-facing elevation of subject building. Said plan shall be considered before the Planning Commission as a report and recommendation item. 11. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the city Council, Planning Commission or Zoning Administrator. 12. That the on-site landscaping and irrigation system shall be maintained in compliance with city standards. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3; provided, however, that: (a) a maximum of 22 units may be added to the existing 18-unit motel; and (b) a minimum four and one-half foot (4 1/2) wide landscaped planter shall be maintained along the entire east property line; and (c) a minimum structural setback of forty-five feet (45') is required between the east property line and the proposed two story motel addition. 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 7, 8 and 10, 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. 3, 5, 6, 9 and 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance - 4 - CUP #3409 or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 6th day of August, 1991. CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3409.12 101891 - 5 - CUP #3409 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. 91R-249 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of August, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify tha~ the Mayor of the City of Anaheim signed said Resolution No. 91R-249 on the 7th day of August, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of August, 1991. 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 i9 the original of Resolution NO. 91R-249 duly passed and adopted by the City Council of the City of Anaheim on August 6, 1991. CITY CLERK OF THE CITY OF ANAHEIM