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PC 80-86RESOLUTIOfI NQ. PC ~3n-8~, P,ESOLiJTIOM OF THE AtJAiIEIM CITY PL/1tJIJING cor~rtisslor~ THAT PETITIOPJ FOP, VARIAtJCE N0. 314~ BE GRl1tlTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from SAV-OP! REALTY, IPJC., 1500 South Anaheim Boulevard, Anaheim, California g2305, oam er of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THE NORTH 15 ACRES OF TNE E.4ST 33.1~ ACP,ES OF THE IJORTHWEST QUARTER OF THE SOUTHI•lEST QUARTER OF SECTION 23~ TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RAIJCIIO SAPJ JUAN CAJOFI DE SANTA ANA, CITY OF AP~AHEIM,COUPJTY OF ORAMGE, STATE OF CALIFOP,NIA, AS PER MAF RECORDED IF1 BOOK 51 PAGE 1f; OF MISCELLA~IEOUS MAPS, IP! THE OFFICE OF THE COUNTY RECORDER OF SAID CQUNTY. SAID LA~lD IS SHOIJN OPJ A MAP FILED IN BOOK 51 PAGE 22 OF RECOP,D OF SURVEYS, I~! THE OFFICF OF THE COUPITY RECORDER OF SFlID COUPlTY; AND PARCEL 2: THE WEST HALF OF THE NORTHEAST 2UARTER OF TNE SOUTHIJEST QUARTER OF SECTIO~! 23, TOWMSHIP 4 SOUTHy RA~1GE 10 IJEST, IN TNE RANCHO SAtJ JUAN CAJOt4 DE SANTA ANA, CITY OF aNAHElF1, COUPlTY OF ORAPJGF., STATE OF CALIFORNIA~ AS 5H0!•!N ODl A t1AP RECORDED IP! B00l; 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORAMGE COUMTY, CALIFORNIA, EXCEPTING THEREFROM THAT PORTION LYIPJG PIORTHEASTERLY OF THE SOUTHIJESTERLY LIFlE OF THE SAPlTA ANA BRANCH OF THE SOUTHERN PACIFIC RAILROAD COMPANY 41NICH FXTENDS SOUTHERLY ACRO55 SAID IJEST HALF OF THE NORTHEAST QUARTER OF THF. SOUTHWEST QUAP,TER OF SECTIOPJ Z3. ALSO EXCEPTI~dG THEREFROM TNAT PORTION LYI~dG SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCP,IBED It! PARCEL 1 OF A DEED TO THE SOUTHERN CALIFORNIA EDISON COMPA~lY, A CORPOP,ATIOPI, RECORDED SEPTEMBER 20, 1961 IN BOOK 5~54 PAGE 457, OFFICIAL RFCORDS. WHEREAS, the City Planning Commission did Hall in the City of Anaheim on P1ay 19, 1gB0, at 1:30 hearing having been duly given as required by provisions of the Anaheim Municipal Code, ChaFter evidence for and against said proposed variance and and recommendations in connec:ion therewith; and iold a public hearing at the City p.m., notice of said public law and in accordance with the 18.03, to hear and consider to investiqate and make findings WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evTdence and reports offered at said hearing, does find and determine the following f~~cts: 1. That the petitioner proposes a~aaiver o` the folio~oing to construct a fence: SECTIOP! 1G,G1.064.020 - Maximum fence height. 30 inches permitted in front 10 feet ,long Cerritos Avenue; 15 feet prooosed) PC80-86 2. That the above-mentioned araiver is herehy granted on the basis that the petitioner demonstrated that a hardship exists ir, that strict appltcation of the zoning code deprives the property of privileges enjoyed hy other property under identica) zoning classification in the vicinity. 3~ That the proposed variance is hereby granted subject to the petitioner s stipulation that the fence shall be structurally designed to meet all Codes of the Building Division of the City of Anaheim. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use ef the property that do not apply generally to the property or class of use in the same vicinity and zone. 5• That the requested variance is 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 requested variance will not be materially detrimental to the public tiaeifare ar injurious to the property or improvements in such vicinity and ~one in afhich the property is located. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence ~•~as received in oppositton to the subject petition. _ EtJVIRONI1ENTAL IMPACT PIPJDING: The Planning Director or his authorized representative has determined that the proposed project falls a~lthin the defini~ion of Categorical Exemptions, Class 3, ac defined in Paragraph 2 of the City af Anaheim Environmental Imoact Report Guideltnes a~d is, therefore, categoricaiiy exempt from the requirement to prepare an EIR. NOIJ~ 7HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the follrnying conditions which are fiereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general ~oelfare of the Citizens of the City of Anaheim: 1. That the owner(s) of suhject property shall submit a letter requesting the termination of Conditional Use Permit PJo. 1396 to the Planning Department. 2. That subject property shall be developed substantialiy in accordance with plans and specificattons on file with the City of Anahei~ marked Exhibit Nos. 1 and 2. 3. That Condition No. 1, ahove-mentioned~ shall he complied with prior to the commencement of t5e activity authorized under this resolution, or prior to the time that the buildin9 permit is issued, or o-rithin a period of one year from date h~ereof, ~•~hichever occurs first. or such further time as the Planning Commission may grant. 4, That Conditton Plo, 2, ahove-mentioned, shall be complied with prior to fina) butlding and zoning inspections. -2- PC80-~F BE IT FURTHER RESOLVED that the Anaheim City Plartning Commission does hereby find and determine tf~at adoption of this Resolution is expressly predicated upon applicant's compliance ~~~ith 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. 1980. TNE FOREGOIIdG RESOLUTIOt1 is signed and approved by me this l~th day of May, C~~k.~a-~1~..~ J°. ~5`~t-~-~-~/ CHA I RI-IOMAPI, APIAHE i M C ITY PLAP~FI I P!G COMM I SS I ON ATTEST: ~~.:~., ~ _° -~,,.~, SECRETARY, ANAHEIM CITY PLA~~NING COMHISSIOFI STATE OF CAL'FOP,NIA ) COUNTY OF ORANGE ) ss. C 17Y OF APlAHE IM ) I, [dith L. Ifarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution a~as passed and adopted at a~eeting of the Anaheim City Planning Commission held en t4ay 19, 198~, by the following vote of the members thereof: AYES: COMh11SSI01JERS: BARP~ES, EiU51-IORE, DAVID, FP,Y, HEP.BST, i:irar,, TOLA4 NOES: COMMISSIONERS: NONE ABSEFIT: COMMISSIOPJERS: IJUPIE IN WITNESS WHEREOF, I have hereunto set my hand this tqth day of May, 19R0. ~~ ,~° ~.~.:. SECP,ETARY, ANAHE111 CITY PLANNING COMMISSION -3- PC8o-86