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PC 78-122r ~ RESOLUTIbtI N0. PC78-122 A RESOLUTION OF THE ANANEIM CITY PLANNING COM111SSIOtJ AMENDING A CONDlTIQN PERTAINING TO CONSTRUCTION OF A MASONRY WALL ADOPTED IN CONNELTION WITN CONDITIONAL USE PERMIT N0. 1262. WHEREAS, the petitianer submitted a request for an amendment to the condittons of approval contained fn Planning Canmission Resolution No. PC71-293 on property consisting of approximatcly 7.7 acres located southwesterly of the southwest corner of Batf Road and West Strcet, being located approximately 250 feet west of the centerline of West Street and 260 feet south of the centerline of Ball Road; and NHEREAS~ the petitioner requests amendment of the following condition contafnted in the above-referred to resolutlon: "7. That a stx-foot masonry wali shall be constructed along the north, eas[, west and south property lines. NHEREAS, [he A~ahelm City Planning Commisston did hold a public hearing at the Lity Hall in the City of Anaheim on June 5, 197E, at 1:30 p.m „ notice of said public hearing having been duly gtven as required by law and in accordance with the provislons of the Anaheim Municipal Code, to hear and consider evidence for and against said proposal to amend the conditions of approval of Conditional Use Permit No. 1262, and to investigate and make findings and recortmendations in connection therewith; and WHEREAS~ said Correnission, af:er due inspection, investigation and study made by i[self and in tts behalf, and after due consideration of all evidence and reports offered at satd hearing, DOES HEREBY FI~~D: 1. That no one appearad at said public hearing in opposTtion to subject request; and that no correspondence was received in oppositlon to subject request. 2. That the masonry wall constructed along a portion of subject property's northerly and easterly boundaries abuts a 21-foot high motel building and an 8-inch separation exists between said masonry ti~11 and sald motel building wa11 creating a drat~age problem be[ween the two properties. 3. That a mutual agreenent signed by K,O.A, Campgrounds and the Watergate Motel, the owners of the two affected properties, has been submitted to the Ctty of Anaheim and that said agreement holds harmless far any damages that may occur due to said wall not being in place. NOW~ THEREFORE. BE IT RESOLVED, that the Anaheim City Planntng CommissTon does hereby grant the request for amendment to Condition No. 7 of Condicional Use Permit No. 1262 to read as follows: "7. That a six-foot h[gh maso~ry wall shall be constructed along the east, west and south properfy )ines, excepttng those partions af the wall which abut the 21-foot hlgh motel PC78-122 building wall located adJacent to the northerly and easterly boundary lines." BE lT FURTHER RESOLVED that the Anaheim City Planning Commisslon dces hereby find and determi~e that adoption of this Resolution is expressly predicated upon applicant's compiiance with each and all of the condittons hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by [he final Jud9ment of any court of competent Jurisdlction. then this Resolution, and any approvals herein contained, shal) be deemed null and void. 1978. THE fOREG0ING RESOLUTION is signed and approved by me this 5th day of June ~~~~~~ ~G~4i! CHAIRMAN, ANAHEIM LITY PLANNING COMMISSlON ATTEST: ~~f,~,f~. .C°- ~-aw.«;., SECRETARY, ANAHEIM CITY IANNlNG LOMMISSION STATE Of CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Set~etary of the Anaheim Ctty Planning Cammission, do hereby ccrtify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pla~ning Cormnission held on June 5, 1978~ at 1:30 p.m „ by the following vote of the members thercof: AYES: COMHISSIONERS: BARNES, DAVID, HERBST, JOHNSON, KING~ L~NN, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMNISSIONERS: NONE IN WITNE55 WHEREOF, 1 have hercunto set my hand this Sth day of June. 1978. ~d,~.~ ,~.°~ , ~ SECRETARY, ANAHEIH CITY LANNING LOMMISSION -2- PC78-122