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PC 81-229RESOLUTION N0. PC31 -229 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3240 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from CALIFORNIA COMPUTER PRODUCTS, INC., 2.411 West La Palma Avenue, Anaheim, California 92801, owner, and HOLMES AND NARVER, INC., 999 Town and Country Road, Orange, California 92663, agent, of certain real property situated 'in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 011 THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 6 WHICH IS SOUTH 89 21' 20" WEST 766.88 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89 21' 20" WEST 60.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN EXCEPTION OF THE SOUTH 284.00 FEET OF THE WEST 163.00 FEET RECITED IN THE DEED RECORDED JULY 31, 1962, AS DOCUMENT N0. 23009, IN BOOK 6197 PAGE 76, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID EXCEPTION NORTH 00 46' 20" WEST 284.00 FEET AND SOUTH 89 21' 20" WEST 163.00 FEET TO THE NORTHWEST CORNER OF SAID EXCEPTION; THENCE NORTH 00 46' 20" WEST 230.35 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND CONVEYED TO THE EMERSON ELECTRIC MANUFACTURING COMPANY AS DESCRIBED IN PARCEL N0. 2 OF THE DEED RECORDED JULY 31, 1962, AS DOCUMENT N0. 23009 IN BOOK 6197 PAGE 76, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 89 57' 10" EAST 193,02 FEET; THENCE NORTH 00 46' 20" WEST 891.75 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 57 13' 50" EAST 956.10 FEET TO ITS INTERSECTION WITH THE EAST LINE OF THE SAID SOUTHWEST QUARTER OF SECTION 6; THENCE ALONG SAID EAST LINE AND THE CENTERLINE OF GILBERT STREET, SOUTH 0 46' 30" EAST 545.69 FEET TO A POINT IN A LINE PARALLEL WITH AND 331.50 FEET NORTHERLY FROM THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF SECTION 6; THENCE SOUTH 89 21' 20" WEST 766.86 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 0 48' 20" EAST 331.50 FEET TO THE POINT OF BEGINNING. EXCEPT TFIE MOST SOUTHERLY 53.00 FEET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 2, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: PC81 -229 1. That the petitioner proposes a waiver of the following to permit a 6- foot high chainlink fence: SECTION 18.61.064.020 - Maximum fence height. (30 inches permitted in front setback; 6 feet proposed) 2. That the above - mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hardship exists in that denial would deprive subject, property of a privilege enjoyed by other properties in the same zone and vicinity and that the fence will not obstruct safe lines of sight from vehicles. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. 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. 5. That the requested variance will not he materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 2. That street lighting facilities along La Palma Avenue and Gilbert Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned requirements prior to commencement of the activity herein approved. - PC81 -229 3. That sidewalks shall be installed along La Palma Avenue and Gilbert Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the front ten (10) feet along La Palma Avenue shall be fully landscaped and maintained as required by Code. 5. That Condition No. 2, above- mentioned, shall he complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition Nos. 3 and 4, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with 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. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of November, 1981. ATTEST: g SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) 19 S S. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 2, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BNSHORE, FRY, HERBST, ICING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, TELRLIAR , ANAHEIM CIT PLANNING COMMISSION -3- PC31 -229