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Resolution-PC 2000-107• • RESOLUTION NO. PC2000-107 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2000-04406 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real p~operty situated in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF IUIISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A" THENCE WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE NORTH 78° 49' 11" WEST, 214.13 FEET; THENCE NORTH 42° 21' 27" WEST, 21.06 FEET TO A POINT ON A NON-TANGENT CURVE , CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83° 50' 05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED D~CEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST, 186.63 FEEl' ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAV~ NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31' 57" EAST, 281.88 FEEfi AND EASTERLY 31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A • CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE TO THIE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. AND THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINIE FROM THE MOST NORTHERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND cr4040pk.doc - 1 - PC2000-107 • . HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31'28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A"; THENCE VVESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL Af~GLE OF 18°42'17";THENCE TANGENT TO SAID CURVE NORTH 78°49'11" WEST, 214.13 FEET; THENCE NORTH 42°21'27" WEST, 21.06 FEET TO A POINT ON A NON-TANGEINT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83°50'05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE NORfiH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST, 186.63 ~FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 49' S1" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31' 57" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE TO TH~ POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. CITY OF ANAHEIM, A MUNICIPAL CORPORATION, (ACQUIRED BY FINAL ORDER OF CONDEMNATION ENTERED IN CASE NO. 127381, SUPERIOR COURT OF ORANGE COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26, 1967 AS INSTRUMENT NO. 18791 IN BOOK 8417, PAGE 110 OF OFFICIAL RECORDS) AND COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS. AND THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE SHORB AND R.G. DE LA RIVI~, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO CANNON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS: WESTERLY BY THE EASTERLY LINE OF TRACT N0.,9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANG~ COUNTY, CALI~ORNIA, AND THE SOUTHERLY PROLONGATION THEREOF, NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE RIVERSIDE, SANTA ANA LOS ANGELES RAILWAY COMPANY BY DEED RECORDED JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY, -2- PC2000-107 • • NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE CORPORATION EASEMENT DEED RECORDED NOVEMBER 10, 1980 IN BOOK 13828, PAGE 115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHWESTERLY, WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 111.01 OF THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-221347 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 11, 2000, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meeting of August 28, 2000; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the ~etitioner proposes waivers of the following to construct 88 single-family residences in the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) zone: (a) Section 18.04.020.020.023 - Minimum lot deqth adiacent to an arterial highwav. (120-foot deep lots required adjacent to La Palma Avenue; 45 to 100 feet proposed for 24 lots) (b) Section 18.27.061.Q10 - Minimum lot area. (5,000 sQ.ft. lots required; 4,432 to 4,983 sq.ft. proposed for 12 lots) (c) Sections 18.27.061.020 - Minimum lot width. and 18.27.061.021 (50-foot wide lots required, and 45 feet permitted on cul-de-sacs; 40 to 49 feet proposed for 20 lots, and 17 to 43 feet proposed for 8 cul-de-sac lots) (d) Sections 18.27.062.030 - Maximum lot coveraqe and open space reQUirements. and 18.27.062.031 (35% lot coverage permitted, with minimum 6,700 sq.ft. lots required for 5-bedroom dwellings and minimum 7,550 sq.ft. lots required for 6-bedroom dwellings; 36% to 42% proposed on 43 lots, with 4,432 sq.ft. to 7,257 sq.ft. lots proposed for 85 dwellings having 5 or 6-bedrooms) (e) Sections 18.27.062.020.021 - Maximum structural heiQht. and 18.84.042.010 (25 feet permitted in the Scenic Corridor Zone Overlay; 26 feet proposed for 70 dwellings) 2. That waivers (a), (b), (c) and (d) (pertaining to minimum lot depth adjacent to an arterial highway, minimum lot area, minimum lot w~idth and maximum lot coverage and open space requirements) are hereby granted on th~ basis that there are special circumstances applicable to the property consisting of its irregular shape, unique topographical features which restrict development of the site, and multiple -3- PC2000-107 ~ . street frontages, which circumstances do not apply to other identically zoned property in the same vicinity; that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity; and that the overall density of the proposal (5.4 dwellings per gross acre) is less than the maximum permitted in the RS-5000(SC) zone (6 dwellings per gross acre). 3. That waiver (e), maximum structural height, is hereby denied on the basis that approval of said waiver would grant a special privilege not shared by other similar properties in the immediate vicinity; that there are no special circumstances applicable to the property which do not apply to other identically zoned property in the vicinity; that strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity; and that the proposed plans can be easily modified to reduce the height from 26 to 25 feet as required by Code for single family dwellings in the Scenic Corridor. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of tihe property, as approved, that do not apply generally to the property or class of use in the same vicinity and zone. • 5. That the waivers, as approved, are necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the waivers, as approved, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct 88 single-family residences with waivers of minimum lot depth adjacent to an arterial highway, minimum lot area, minimum lot width, maximum lot coverage and open space requirements, arnd maximum structural height on an irregularly-shaped 16.27- acre property located at the northwest corner of La Palma Avenue and Weir Canyon Road, having frontages of 1,643 feet on the north side of La Palma Avenue and 810 feet on the west side of Weir Canyon Road, and further described as 8200 East La Palma Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that th;e project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to presenre the safety and general welfa~e of the Citizens of the City of Anaheim: That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from the public's view and the sound buffered from adjacent residential properties. Such information shall b~ specifically sho~nrn on the plans submitted for building permits. 2. That a six (6) foot high masonry block "sound wall" shall be constructed and maintained along the north property line abutting the railroad right-of-way. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to said wall; and that the landscaping shall be properly maintained including the installation of irrigation facilities. Said information shall be specifically shov~n on the plans submitted for building permits -4- PC2000-107 ~ ~ That satisfactory evidence shall be presented to the Building Division showing that the proposed project (excepting Lot No. 39 with regard to the 100 foot distance requirement) is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standard~ specified in the California Administrative Code, Title 25. Said information shall be specifically shown on the plans submitted for building permits. 4. That prior to issuance of a building permit or approval of street improvement plans, whichever occurs first, all lots shall have adequate street frontage to provide an area for a minimum of three (3) barrels for trash collection, including being be able to store such barrels out of the public's view. The developer shall submit a plan for barrel storage to the Public Works Department for review and approval. 5. That final plans showing additional architectural enhancements for the building elevations for all three models, a tot lot, an entrance sign, and the additional landscaping described in Condition No. 27, herein, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and Recommendations" item. 6. That approval of this Variance No. 2000-04406 is granted subject to approval and finafization of Reclassification No. 2000-00029 and finalization and recordation of Tentative Tract Map No. 16128. 7. That the water back flow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on the plans submitted for building permits. That since this project has landscaping area(s) exceeding two thousand five hundred (2,500) square feet, a separate irrigation met~r shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. That prior to submitting the water improvement plans, the developer/owner shall submit a water system master plan, including a hydraulic distribution nefinrork analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the projecYs water demands and flre protection requirements. 10. That the developer/owner shall submit an estimate to the Public Utilities Water Engineering of the maximum fire flow rate and the average day, maximum day, and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 11. That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval for determining the conditions necessary for providing water service to the project. 12. That prior to issuance of grading permits, the developer/owner shall relocate the water main (known as "Intertie No. 12") within the project; and that the Public Utilities Water Engineering shall review and approve plans for relocation of Intertie No. 12. 13. That a plan showing local water looping inside the tract shall be submitted to Public Utilities Water Engineering for their review and approval. 14. That a steel conduit shall be provided for the water pipe located under the sound wall. Said information shall be shown on the plans submitted for building permits. -5- PC2000-107 ~ ~ 15. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Plans shall show where three (3) automated barrels for trash collection may be stored on each lot. Said information shall be specifically shown on the plans submitted for building permits. 16. That the developer/owner shall install street lights along the La Palma Avenue and Weir Canyon Road street frontages; 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 completior~ of said improvements. Said security shall be posted with the City prior to approval of the final tract map, to guarantee installation of said street lights prior to occupancy of the first building. 17. That pad mounted transformers shall be provided (subsurface transformers are available at an additional cost). 18. Proposed Condition No. 18 was mov2d to the Tentative Tract Map. 16128 conditions. 19. That the sewer and storm drain improvements serving the subject development shall be privately maintained. 20. That prior to issuance of building permits (except for the model homes), Final Tract Map No. 16128 shall be submitted to Public Works Department, Development Services Division, for review and approval and then be recorded in the Office of the Orange County Recorder. 21. That the developer of this project shall comply with City of Anaheim Engineering Standard Detail Nos. 107 and 122 (private streets and cul-de-sacs). A street improvement plan for the private street shall be submitted to the Publie Works Department, Development Services Division, to guarantee that private streets shall be completed prior to occupancy. 22. That prior to issuance of a grading pl~n, the proposed grading over the Orange County sewer line shall be approved by the Orange Cownty Sewer District (OCSD). 23. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing how the vehicular security gates and vehicle turn-around areas will function. 24. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 25. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 26. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for any sign and/or wall/fence location. 27. (a) That prior to occupancy of any residential unit, the property owner/developer shall construct/install a traffic signal at the intersection of Jenifer Drive and La Palma Avenue. That two (2), twelve (12) foot, eastbaund lanes shall be provided on Old La Palma, one dedicated for right-turns into the project and the other dedicated for the existing adjacent development. Landscaping shall be incorporated at the north property line at a depth of twenty (20) to twenty five (25) feet with curb, parkway, sidewalk and landscaping north of the sidewalk. -6- PC2000-107 • • (b) Prior to approval of the final tract map or prior to approval of street improvement plans, whichever occurs first, a plan shall be submitted to the Department of Public Works, Traffic Engineering, for review and approval by the City Engineer. That traffic signal/striping shall provide for the modification of the existing median island (if necessary) and existing striping to accommodate the additional traffic generated by the proposed project. 28. That the developer shall provide for the design of improvements at the intersection of Weir Canyon Road and La Palma Avenue (i.e., seventeen (17) feet of widening along the east curb of Weir Canyon Road south of the intersectiom including design of a retaining wall) for a third northbound lane and southbound through lanes. ,A plan sMowing these improvements shall be submitted to the Traffic Engineering Division for review and approval by the City Engineer. No actual improvements are required by the developer. 29. That all internal private streets shall be designed to provide for adequate parking on both sides of the streets. Said information shall be specifically shown on street improvement plans. 30. Proposed Condifion No. 30 was moved to the Tentative Tracf Map No. 16128 conditions. 31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing how the vehicular security gates and vehicle turn-around area(s) will function. Said information shall be specifically Shown on the plans submitted for building permits. 32. That vines (minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers) shall be planted adjacent to all block walls facing the public rights-of-way to prevent graffiti opportunities. Said information shall be shown on the plans submitted for building permits. 33. That the developer shall submit a copy of the precise grading plan to the Zoning Division of the Planning Department specifying the fonished pad elevations for each dwelling. Any pad elevation increase over two (2) feet for the proposed dwelling, as shown on the approved exhibits on file with the Planning Department, shall require Planning Commission review and approval as a public hearing item. 34. That prior to issuance of building permits, or prior to approval of street improvement plans, or prior to final map approval, whichever occurs first, the developer shall obtain approval from the County of Orange for any modifications to the median islands on La Palma Avenue, including any modifications necessary for the instaliation of the traffic signal at the intersection of Jenifer Drive and La Palma Avenue. A copy of said approval from the County of Orange shall be submitted to the Zoning Division and the Traffic and Transportation Manager. 35. That subject property shall be develo~ed substantially in accordance with plans and specifications submitted to the City of Anaheim by tfie petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 15; and as conditioned herein, including that the maximum structural height shall not exceed twenty five (25) feet as permitted in the Scenic Corridor Zone Overlay. 36. 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, 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 20, 21, 23, 24, 25, 26, 28, ?_9, 31, 32, 33 and 34, 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. 37. That prior to final building and zoning inspections, Condition No. 35, above-mentioned, shall be complied with. 38. 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 -7- PC2000-107 • . Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, 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 was adopted at the Planning Commission meeting of September 11, 2000. ~ A ~ RPERSON, A'NAH~IM CITY PLANNING COMMISSION ATTEST: G1~ ~~ SECR ARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 11, 2000, by the following vote of the members thereof: AYES: COMMISSION~RS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSION~RS: BOSTWICK ~N WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2000. `,e~tJ~U!`,'~Cr SEC ETARY NAHEIM CITY PLANNING COMMISSION -8- PC2000-107