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PC 78-252R£SOLUTION N0. PC78-25z A RESOLU710N OF THE ANAHEIM CITY PLANNING CONyISSION THAT PETITION FOR VARIANCE N0. 3059 BE GRANTED WHEREAS~ [he Anahelm City Planning Canmisslon did recetve a verified Peti[ion for Varlance from FRANK H. AttD HARILYNt! R. MAC ENEN~ 523 North Sunkist Street, Anaheim, California 92806, owners of certaln real propcrty situated ln the City of Anaheim, County of Orange. State of California descrlbed as: LOT 64 OF TRACT N0. 2492. IN THE LITY OF ANAHEIk. COUNTY OF ORANGE. AS PER MAP RECORDED IN BOOK 89 PAGES 1?. 20 AND 21 OF MISCELLANEOUS MAPS. IN THE OFfICE OF 7HE COUNTY RECORDER OF SAID COUNTY, WFIEREAS, the City PtannTng Cortmission dld hold a public hearing at the Lity Hall tn the Ctty of Anaheim on November G~ 1978, ai 1:30 p.m., nottce of satd publTc hearin9 having been duly glven as required by law a~d in accordance Nith the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evtdence for and against sald proposed variance and to investigace and make findings and recommendattons in connection therewith; and 4lHEREAS~ said Lommission. after duc Inspectlon. investigatton and study made by itseif and in its behaif, and after due considera[lon of ait evidence artd repor[s offered at said hcaring, does find and determine the following facts: i. That the petitioner proposes a waivcr of the following to perm(t eight (8) adult cats: SECTION 18.02.052.0135 - Maximum num6er of ca[s. _ perm [tc ; _ ex st ng) 2, That the above-rnentioncd Halver is hereby qranted for a one-year pertod on the basis Ciia[ Citie evidence presented at Lhe pettllC hesrlrtg Indicaies L!te er,tsiing cats have all been spayed or neutered and several of the cats are very mature. that the petitloner has stipulated that no more cats will be acquired to replace the current pe[s; and subject to the petitioner's stipulatlon to make every effort Lo confine the cats to [he house and yard, espec!ally at ni9ht. 3, That there are exceptional or ex[raordinary circumstances or condTtions applicable to the propercy invotved or to che lntended use of the property [hat do not apply generally to Lhe property or class of use in the same vlcinlty and zone. 4. That the requested variance Is necessary for the preservation and enjoyment of a substa~tlal property rlght possessed by other property in the same vtcinlty and zone, and denied to the property in question. 5. That the requested variance w1l1 not be materiatly detrimen[al [o the public weifare or 1nJurious [o the property or improvemtnts in such vTcintty and zone tn which the property Is located. 6. That ~o one indicated thelr presence at sald public hearTng tn oppositlon; and that no correspondence was received in opposttlon to the subJect pe[i[lon. PC78-252 ENVIRONMENTAL IMPACT FINDING: The Planning Director or hls authorized representat ve has detcrm nad that the proposed proJcct f~lis within the defl~ition of Categor(cal Exanp:lons. Class 1, as defined In Paragraph 2 of the City of Anahetm Environmental Impact Report Gutdellnes and ts, therefore, categorically exempt from thc requircment to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED chat the Anaheim Cfty Planning Commtsslon does hereby 9rant subject Petition for Variance, upon the following conditions whfch are hereby found to be a necessary prerequistte to the proposed use of the subject property In order to preserve the safety and oeneral welfare of the C(Lizens of the City cf Anaheim: i. That subJect property shall be devetoped substantially in accordance with plans and specificatlons on file with Lhe City of Anaheim marked Exhiblt No. i. 2. That the variance Is granted for a pertod of one year. BE IT FURTHER RESOLVED that che Anaheim City Planning Cor~miss(on does hereby find and dete nnine that adoption of this Resolutlon is expressly predicated upon applicant's compltance with each and all of [he conditlons herelnabove seL forth. Should any such co~dicion, or any part thereof, be declared invalid or unenforceable by the flnal Judgme~t of any court of compe[en[ Jurisdiction. then this Resolutlon~ and any approvals herein contatned, shall be deemed null and vold. TNE FOP.EGOINC RESQLUTION Ts signed and approved by me thls Gth day af November, 1978. . ANA G I T ANN I tIG GOHH i SS I ON ATTEST: `~.~ .~• ~~ SECRETARY~ ANAHEIM LITY PLANNING COMMISSION STATE OF LAIIfORNIA ) C~JUN7Y OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Secretary of the Anahelm City Planning Commission, c'o hereby certify that the forcgoing resolutTon was passed and adopted at a meeting of the Anahelm Clty Planning Commission held on Novanber 6, 1978. at 1:3Q p.m.~ by the following vote of the members thereof: AYES: COMM~SSIONERS: BARNES~ BUSfiORE. DAVID~ HERBST, KING~ NOES: COMMi5510NER5: NGNE ABSENT: COMMISSIONERS: JOHNSON, TOLAR t978. IN L11TI~E55 WNEREOF~ I have hereunto set my hand this 6th day of November~ ~~ ~ ~~ SECRETARY, ANAHEIH CITY PLAhNING COMMI5510N -2- PC78-252