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PC 78-179RESOLUTION N0. PC 7A-179 A RESOLUTION OF THE ANAHEIN CITY PLA~INING COMMISSION THAT PETITI011 FOR VARIANCE N0. 3032 BE GRAt17ED W!tEREnS~ the Anaheim City Planning Commission did recelve a verlfled Petition for Variance from ANDREN M. AND JOYCE L. ZUpfQ~erty,situated inathe Cityuof Anaheim, Californla 92a01 owners, of certain real Anaheim, County of Orange, State of California described as: THAT PORTION QF THE NORTHEAST QUARTER OF THE SOUTHUEST QUARTER OF SECT10~1 12. TObMSNIP 4 SOUTH. RANGE il WEST~ I~3 7t1E RAMCHO LOS COYOTES~ CtTY OF AI7AHEIM. COUNTY Of OP.ANGE, STATE OF CALiFORN1A~ AS SA10 NORTHEAST QUARTER OF THE SOUTHWEST QUARTEP. OF SELTION 12 IS SNOI~M Otl A RECORD OF SURVEY MAP FILED IN BOOY. 25 P~GE 34 OF RECORO OF SURVEYS OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGI~INING AT A POINT 0~1 THE EAST LINE OF SAID SOUTMdE57 QUARTER t10R7H 0°it' jp~~ ~IEST 751.27 FEET FROM THE SOUTHEAST CORNEP, OF SAID tIQRTHEAST ~~A~30" WEST ALONGSSAID~EAST LINET100 OOSEFEETt1 1THENCE~CSOUTNTH8?o ~ 40' 30" WEST 2G4.00 FEET; THENCE SOUTH 0°•il' 30" EAST 100.00 FEET; TNEHCE NORTH 39~ GO' 3~" EAST 2E4,00 FEET TO THE POiNT OF BEG I NI! ~ NG, NFIEP.ERS. the City Flanning Cor..^+lssion did hold a public hearin9 a[ the City Hall in the C1tY of Anaheim on July 31, 197a, at 1:30 p.m., notice of sald public hearing havin9 been duly given as required by laa and in accordance with the provisions of the Anahetm Munic(pal Code. Chapter 18,03, to hear and consider cvTdence for and agains[ said proposed variance and to Investigate a~d make findings and recommendations in con~ection therewith; and blHEREAS~ sald Commission. after due inspection. investigation and study made offered,at saidnhearinghadoesaftndfand determinedthetfallowing,factsence and reports ~, Tha[ the petitioncr proposes a waiver of the followTng to permit the keeping of three (3) horses: (a) SECT101~ 18. 02.052•~~Z ' MTnimum distancc for animal confinanent. 20 eet ram any property line requlred 5 eet and 14.5 feec existing) (b) SECTION 18.02.052•~~31 - Maximum number of e ulne anTmals. None permitted on RS-A- 3rQ00 parcels ~ than 1,0 acre in slze; 3 existing on 0.5 acre parccl) 2, That the proposed variance is hereby granted subJect to yearly review by the Planning Cortnlssion to determinc that there has been no adverse impact on adjacent residential uses. 3, That tho proposcd walvers are hereby granted on the basis that the use has apparentlY existed for fifteen (15) years slnce before the property was annexed to the Clty of Anahcim, and that durtng that timc thc~e have been a minimum number of complaints. PC78-t79 4, That the variance ts granted subJe~t to the petitloner's stipulatlon to separate the horse corral area from the southwest corner of subJect property with a landscapcd arca. The separation shali be such that the animals wiil not be ablc to go near the fenGe located at the southwest corner which is adjacent to a single family residenu~. 5. .That there are exceptional or extraordinary circumstances or condittons appllcable to the property fi~volved or to the intended use of the property that do not app~y generaily to the property er class of use in the same vicinity and zone. 6. Thar the requested varfance ts necessary for [he preservafion and enJoyment of a substantlal property right possessed by o[her property in the same vicinity and zone, and denied to the property irt question. 7, That the requested variance will not bc materlaily detrimental to the public welfare or tnJurious to the property or improvements in such vicinlty and zone in which the property is located. 8. That one person indicated their presence at said public hearing in oppositlon; and that no r.orrespondence was received in opposition to the subJect petttion. ENVIROtlMEHTAL IMPACT FINDI!JG: ihe Planning Director or his authorized representat(ve has determined thai [he proposed proJect fails within thc definition of Categorical Exemptions~ Class 1, as defined in Paragraph 2 of [he Ctty of Anaheim E~vironmi:ntal impact Report Guideltnes and is, therefore, categorically exempt from the requlremen[ to prepare an EIR. P~ON, TNEREFORE, BE IT RESOLVED that the Anahelm Ctty Planning Commission does hereby grant subJect Pecition for Varlance~ upon the followin9 condi[tons which are hereby found to be a necessary prerequlsite to the proposed use of the subJect property ir, order ta preserve thc safety and general wetfare of the Citlzens of the City of Anaheim: 1, That subject property shall be developed su6stantially in accerdance with plans and specifications on file with the City of Anahelm marked Exhiblt Nos. 1 and 2; provided, horrover, Chat a fa~dscaped separation shalf be provided betrren the horse corrai area and the southwest corner of subJect property and soma means shall be providcd which prevents the horses from going to the fence at that corner. 2. That subjec[ variance is granted for a period of one (1) year, at whtch time and upon writtsn request of the petltioner, additional tTme extensians of one year may be approved by th(s PlannTng Commission. BE IT FURTHER RESOLVED that [he Anahcim Clty Planning Commissian does hereby find and determine that adoption of this Resolution is exp~essly predicated upon appl(c~nt's compllance with each and all of the condi[tons herelnabove set forth. Should any such conditton, or any psrt thereof~ be declared invalid or unenforceable by the final Judgment of any court of competent JurisdTction, then thTs Resolution, and any approvals fierein contalned, shall be deemed nuli and voTd. -2- PC78-179 ~ l i THE FOREGOING RESOLUTION is signed and approved by me this 31si day of July 1978. I , NAHEI COHMISSION ATTEST: ~ ~ 7 SECRETARY, ANAHEIM CIT LANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i. Edith L. Harris, Secretary of the Anaheim City Planning Cortmission, do hereby certify Lhat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Camission held on July 31, 1978, at t:30 p.m „ by the following vote of the mertebers thereof: AYES: LOMMISSIONERS: BARNES, DAVID, NERBST, JOHNSON, KING, TOLAF. NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LINN IN 411TNES5 41HEREOF. I have hereunto set my hand this 31st day of July, 1978. ~~ ~ ~~~~~ SEGRETARY. ANAHElM C4T1' PLANNiNG COMMISSION PC78-179