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PC 81-29~ RFSOLUTIO'J t•!0. PC ol-2~ RESOLUf I OF; OF TIi[ Flt1/1HE I!1 C I TY PLA~~!I! I~1r, C0~1~1 I5S ! 0~! TIIAT PC-iITIOtJ FOR UlaRIAI~CE :JO. ~i~h BE GR.~PITED WN[REAS, the Anaheim City Planning Commission did receive a verified Petitio~ for Variance from AFlAHE111 INSUR,4t1CE LE/1SFC0, i01 41est Fifth Street, Suite 1200, Los Angeles, California g0017, oa~ner, and E. E. ROUFIDS, LE ROY D. O~dEN COMPANY, 500 South 11ain Street, Suit~ 50G CT, Orange, California ?2~G`-;, aaent, of certain real property situated in the City of Anaheirt~, County of Orange, State of ~alifornia desr,r i becJ as: That port+on of fractional Southe.ast quar2er of Section 2~;, To~Nnship it South, Ranye 10 41est in the P,ancho Ca_jon de Santa Ana, as shown on a map thereof recorded in hook 51, page 10 of Miscellaneous ~4aps, records of said Orange County, California, described as follo~•~s: Beqinning at the most Easterly corner of Parcel 1 of the iand descrihed in cieecl to Seventh and Olive Corporation, recorded December 2.2, l~lo'~, in hool: ~11G~, page u07 of Official Records of said County, said corner heina n point in a curve concave Southt•resterly having a radius of 770.(ln fret, a radial line of said curve passing through said point bears, North 42° 3~~ 53~~ East; thencs leaving •.~id curvey South i2° 23~ 4>" 41e;t 251.1 i fcet; tliencc P!crth 17~ 3~~ 75" !dest 150,00 feet; thence ,dorth i2° %3' ~t5" East 13~.;1~ feet to a point in aid curve mentioned above, a radial line o` said curve passin~ through said last mentioned point bears ~orth 23° !17' 23" East; thence ~outheasterly ai~ng said curve to the poin2 of beginnina. LdHEREAS, the City Planning Coromission did hoid a puhlic hearing at the Civic Center in the City of Anaheim on January 26, 1931, at 1:3~ p,m „ notice of said public hearing havin9 been duly given as required hy law and in accordanc= with the provisions of the Anaheim Municipal Code, Cnapter 1~.03, to hear and consider evidence for and against said pruposed variance and to investigate and make findings and recommendations in connection theretivith; and 4lHEREAS, said Commission, after due ins~ection, investigation and study nade by i*_self and in its behalf, and after due consideration of all evidence and reNorts offered at said hearing, does find and determine the follo~•~ing facts: canooy: 1. That the petitioner proposes a~~aiver of the folto~Uing to erect a SECTIOPI 13.1~~t.063.01~ - Minimum landscaped setback. 10 eet required; none proposed) 2. 7hat the above-mentioned waiver ~s hereby granted on the basis tha': the canopy a~hich is located ~.iithin the setbark arer~ is not a permanert structure and on the basis of the irrequiar shape of the property. PC31-'~ 3. That there are exc~ptional or extraordinary circumstances or conditions applicable to the property involvcd or to the intended use o` the properl-y that do not apply 9enerally to ehe property or class of use in the sam~ vicinity and zone. !i. That the requested variance is necessary for the ~reservation and enjoyment of a substantial property right possessed by other prooerty in the same vicinity and zone, and denied to the property in question. 5. That the requested variance ~•~ill nnt bc materially detrimental to the pubiic a~elfare or injurious to the property or improvenents in such vicirity and zone in wt,ich the property is located. 6. That no one indicated their presence at said public hearing in oppositian; and that no correspondence v~as received in op~osition *_o the subject petition. E~!VIROI:ME'JTAL It1PACT FI?IDitIG: The Planninn Director or his authorized representative has determined that the proposed project falls i~rithin the definition of Categorical Exemptions, Class 5, as derined in Para9raph 2 of the City of Flnaheim Environmental Impact Report Guideiines and is, therefore, categnrically exempt from the requirement to prepare an EIR. NOW, TIIEREFORE, BE IT P.ESOLVED that the Anihelm City Planning Commission does hereby grant suLject Petition for Variance, upon the follnwing corJitions vihich are nereby found to be a necessary prer?quisitF to the proposed use of the subject property in order to preserve thr_ safety and yeneral ~•~elfare of the Cittzens of the C;ty of Anaheim: 1. That subject property sha11 be devel~ped substantially ir accordance with plans and specifications on file 4~ith the City of Anaheim marked Exhibit Plo, t. BE IT FURTfIER R[SOLVED that the Anahei;n City Planning Commissio~i does hereby find an~l det~rmin~ that adnption of this Resolution is expressly predicated upon applicant's compliance ~•~ith each and ali of the conditions hereinahove set ~~or~h. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurlsdiction, then this Resolution, and any approvals herein rontained, shall be cleemed null and void. TtiE FOR[co t rir R.ESOLU?10~! ; s s i gred and a~pro~~ed by me th i s 26th day of January, ~9g1, , ; ~. ~ ~ _ -~ ~ ChI~IRMAN, ANAHEIM CITY PLAIlMI~lG C0~IMISSIOP! ATTEST: '~,~,~~ ~ 1 .~~..~.., SECRETAP,Y, ~NAHEIM CITY PLFNNING COMMISS!ON _~_ PC31-7.9 STATE OF CALIFORNIA j COUNTY OF OP,A~JGE ) ss. CITY OF /\~JkHEI~i ) ~~ Edith L. Harris, Secretary of the Anaheim City Planning Commisston, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission lield on January ?_6, 1901, by the following vote of tlie members thereof: AY[S: COMNISSIOPIERS: BA~FlES, E30Ul1S, ~USfIORE, FRY, HEF65T, TOLAR NOES: COMIqISSIONEftS: MONE A[iSENT: COMPIISSIONERS: iJOtlE IPl WITHESS I;HEREOF, I have hereunto set my hand this 26tfi day of January, 193~. ~~-~ ,z~ ~/.. • ~t~ttE~ARY, Ap;ANEIM CITY PLA?lNIFlG C011MISSIQP! -3- PC31-?.~