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PC 77-209RESOLUTION FIO. PC77-209 A RESOLUTIOII OF THE AtlAHEIM CITY PLAN!~IhG CONMISSIOIJ THAT PCTITIO~! FOR Vl1RIAtlCE N0. 29G3 E3E GRAIITED 4fNEREAS, the Anahedm City Planning Cormission did receive a verified Pc•:itio~ for Va~iance from IIIlES AND FMILY GUICi1ET, 100 Strada Place, Anaheim, C~iifornia 97.SQ1, owncrs of certain real property situated in the City of Anaheim, i:.o:an~y of Oranye, State of California, dcstribed as: !_ct ~+ af rract 120. 3G3;, as sho~m on a Map recorded in 6ook 366, ~z~gcs fi and 7 ar" Miscellaneous Naps, records of Orang~ County, Galifornia; and W~{`{~E,15, the City Planning Commissio~ did hold a public hearing at the City ~iail iR t~e City of Anaheim on September 12, 1977, at 1:30 P•m., notice of said public hearing haviny been duly yiven as required by lao~ and in accorJance with the provisions ~f the M aheiri Municipal Code, Chapter 1~.03, to hear and consider ev:~,dence for ~nd against said proposed varianc, and [o i~vestigate and maF:e findings and recommenda~ions in connec[ion therewith; and 4lIIERENS, said Commission, after clue inspection, investi~a[ian and study rnade by itself and in its behalP, and after due considcration of al1 evidence and rep~r[s offered at sald heo~•i:~g, Joes find and detcrmine the following facts: 1, That tfie peti[ion~r proposes a waiver of the following to construc[ a tennis court: S[C71JH lu.Z2.Oti3•010 - Minimum re uired setback. 15 eet required; 0-7 feet proposed) 2, That the above-mentionc~ waiver is hereby granted on the basis that the petitEoner demonstrated tha[ a hardship exists in that subjcc[ property has an irregular shape and is developeJ in a rnanner prohibitiny development of a standard sized tennis court without encroaching into one or the other side yards. 3. Tliat tlie ~bove-mentioned waiver is hereby gran[ed subject Co petitioner's stipulations r.o provide dense lanJscaping as shown on Exhibi[ ~~~. 1; [haC the lighting will be environmental liyhting directed do;Hn and away from adjaeent residential areas; and that appropriate screening shall be provided on the chainlink fence to the north, northeast, nur[hwest, and south sicies of *he tennis court, in accordance wi[h plans marked [xhibit 1~0. 1, in order to view screen sald court from the adjacen[ propcrties. 4. That there are exceptional or extraordinary circumster~ces or conditions appltcable to the property involved ~r [o the in[ended usc of the ~>ropcrCy that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the reques[ed variance is necessary far the preservation and enjoym~nt of a substantial pruperty right po,sessed by other property in the same vicinity anJ zone, and denied to the pro~~erty in ques[ion, ~c77-2o9 6. 71iat the requested variance will not be materiaily detrirncntal to the pubiic wei`are 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 said public hearing in opposition; an~l that one letter was received in opposition to the suuject petition: and one petition containing five signa[ures supporting the subject petiLion was receiveJ. Ei~VIR01lMEt~TAL It1PALT FIIJUiIlG: That t~~e Uirector of [he Plannin, Department has determined tf~at the proposed activity falls wi:t~in the definition of Section 3.01, Class 3, of tlie City of Anah~.ir~ Guidelines to the Requirements for an Environmental Impact Report and is, tlier•r.fore, ca[egorically exempt from the requirement to file an EIR. NQ'~J, TfiEREFOR[, tiE IT RL'SOLVED that the Anahcim City Planning Cammission does hereby grant subject Petition far 4ariance, upon the following conditions which are hereby found [o be a ne.:essary prereyuisite to the proposed use af the subject property in order to preserve tne sarety and general welfare of [he Citiz~ens of the Ci[y of Anaheim: 1. That subject nrc~pe'[y shall be developed substantially in accordance with plans and specifications on fiie with the City of Anaheim mar4:ed Exhibit l~os. 1 through 3. 2, That dense landscaping will be provided in accordance with plans marked Exhibit I~o. 1. 3, That li9htiny stiall be environn~ental liyhting, directed down and away from adjacent resident(al areas and in accordance wi[h plans mar~ed Exhibit No. 1. 4, That appropriate scree~Erg shall be provided on the cl~a?nlink fence to the north, nortficas[, norttnaest, and souti~ sides of subject tennis court in accordance with plans marl:ed Exliibit I~o. 1. Ti1E. FOREGOING RESOLUTI011 is siqneJ and approved by me this 12th day of Septembc:r, 1977• v' ~ CHq~RMAN, ANAHEIFI CITY PIANNl4~ C MNISSION ATTEST: (oo~[.~- ~ /Y~~t ~ ~~ SECRETARY, ANAHEIN CITY PLAtItiING COMHISSIOtI STATE 6F CALIFORNIA ) COUIlTY OF OR/~NGE ) ss. CITY OF At~Al1E111 ) _2_ PC77-209 I~ Edith Le Harris, Secretary of the Anaheim Cicy Planning Commission, da hereby certify that the foregoing resolution was passed and adopted a[ a r~ecting of the Anahein City Planning Commission held on September 77., 197?. at i:30 p.m.~ by the following vote of the members thereof: AYES: COM1115SIOtlERS: BARt~ES~ DAVID~ liER85T~ kitt~, Lllll~s TOLAR t~OES: CGt1MIS510NER5: JONtl5011 AL'SEtlT: C011MISSIO~~ERS: NON£ 1977. Itl WITIJESS UHEREOF~ I have hercunto set nry liand tt~is 17.th day of September, ~ ~ ~ 7~ SECRLTARY, ANANE114 LITY PLAtItlltlG COMI115510!! -3- Pc77-2o9