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PC 82-15RESOLUT10~1 N0. Pr,87_-15 A RESOLUT Ibtl OF T~iE AMA!iE I M C ITY PLANPI I tIG Cn"1M I SS I ~^1 TNAT PETITIO~! fQR VARI/1P!CE il~. ;251_ BE GRA"1TEn 1lI1EREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from SUtISET OF CALIFOR~IIA H011ES, A Cali`ornla Corporation, 1855 E. Valley Ooulevard, Rosemead, California ~3177~, o!•lner, ~ERAL~ RclJERS, 1!~771 Plaza Drive, Sc;ite A, Tustin, California 92C8'?, aacnt, of certain real property situated in th~ City of /lnaheim, County of Orangc, StaCe of CalifornTa described as: PARCEL 4, I tl THE C ITY OF ArJANE 114, COUPlTY OF 04A"lr,F ~ STATE OF CALIFOR~~IA, AS SHOIdN 0"! PAP.CEL ~1AP `l~. 3~-7_32, FILE7 IN B~OK 150, PAGES 7 TO 11, ItJCLUSIVE QF PA'?CEL t1AP5, 1~1 TH~ OFFICF OF THE COUNTY RECORDER OF SAID COU'ITY. IJHEREAS, the City Planning Commission did hold a puhlic hearing at the City Nall in the City of Anaheim on February 2, 1~32, at 1:3^ P.m., notice of said public hearing having been duly given as required hy la~•r anci in accordance r~ith the provisions r~f the Anaheim Ptunicipat Code, Chapter 1`i.~'13, to hear and consider evidence fnr and an~enst said proposed variance and to investigate and m:~ic~ findin_qs and recort.nendat~^_,~s in connection there~•~ith; and WI~ERf:AS, said Commission, after due inspection, invr_sttgation and study made by itself and in its hehalf, and after due consideration of ~11 evidence and reports offered at said hearing. does find and determine tlie follo~~ing facts: i. That the petitioner proposes i•reivers of the followinq to construct a three-lot, 64-unit condominium subidvision: (a) SECTIOtJ 13.31.OG2.012 - Maximum building hetght. one-story perm tted vrithin 15~ feet of RS-72~0 zoned property; twu stories proposed), (b) SECTIO~! 18.31.063.011 - ~4lntmum landscaned sethaclc. average 20 eet ti•r th a minimum of 15 feet required alonn an arter(al highway; 10 feet proposed along Romneya Drive and 15 feet proposed along La Palma Avenue) (c) SECTIOM 1(3.31.!16~i.070 - Maximum fence height and 1R,~~F,01+3,101 (- nc g oc ~•rall permitted in ront sethacks; ~- oot hiqh hlock wall proposed) 2, That the above-mentionr.d ~~~aivers are hcreby ~ranted on th~ basts that the petitioner demonstrated that a hardship exists due to location and surroundings; and that denlal Hrould deprive suh,ject property nf privile9es enioyed by other adjacent properties in the same zone and vicinity; and that the ttvo-story buildinos with ~~~lndo~,rs facing RS-7200 residences to the south ~otll not impact the residences due to the separation afforded I~y La Palma Avenue, a primary arterial highway, PC32-15 ,..~ 3. That there are ~xceptional or exrraordi~ary circumstances or conditions applieable to the p~operty tnv~l~~ed or to the intencled u,e of the ~ropcrty that do not apply generally to ths pruperty or class of use in the same vicini[y ancl zone. 4. Tiiat the requested variance is necessary for the preservatton and enjoymr_nt af a substantial propertv right possessrd by other proper`y in the same vicinity and zone, and denied to thr_ nroperty in question. 5. That tlie requested variance ~,~i 11 not !~e naterial ly detrtmental to the public weifare or injurious to tiie pronerty or improvements in such vicinity and zone in which the property is located. G. That one person indicated their presence at said oublic hearing in opposition; and that no correspondence ~ras received in ooposition to the subject petition. EtJVIRONMEPJTAL 1~1PAf,T FItJ01hl~: [nvironmental Impact Report ~Jo. 113 was previously certi ied by the City Council on !larch lh, 1~71~ in conjunction tirith the approval of the ~naheim Shores Planned Community. (Reclassification PJo. 73-7~+-36) IJO~d, THE.°.EFORE, BE IT RESOI.~/ED that the Anaheim City Planninn Commission does hereby grant subject Petition for Variance, upon the following conditions ~~hich are fiereby found to be a necessary prerequisite to the proposed use of the subject property in ordcr to preserve the safety and 9eneral a:elfare of the Citizens of the City ot Anaheim: 1, That this Variance is granted subject to the completion of Reclassification tJo. 31-82-12~ noti~~ pendina. 2. That subject property shall be developed substantially in accordance with plans and specifications on file witli the City of llnaheim marked Exhibit Nos, 1 throi~gh 5, BE IT FURTfiER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of thTs Resoluti~n is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any sucli 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. TNE FOREGOING RESOLUTION is signed and approved by me this Rth day of February~ 19a2, ..~.r.l ~• • Jt~-~--,~ CHAfRMArl, /111AHE!~1 I~Y~'~.A~J~~ P~~ "1. ~$T(1~T ATTEST: ~~ ,~ ~a,~,~~ SGCRETARY, ANAHE IH C I~Y ~LAtIN Nr, co~•~rtT ~~J -z- Pca2-i5 ~ STATE OF CALIFORMIA ) COUPJTY OF ORr1NGE ) ss. CITY OF ANAHE111 ) ~ i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and ado~ted at a meetin9 of the Anaheim City Planning Commtssion held on Fehruary ~3, 194?, by the following vote of the members thereof: AYES: COI•1PtISSIONERS: 4ARNES, BOUAS, 6USI10RF, FRY, HERBST, KINr,, MC BURMEY NOES: COMMISSIONERS: NOPIE ABSENT: COM~4) SS I OPJf_RS: NnNE i982. IN WITNESS IJFiERFOF, i have hereunto set my hand thts 8th day of February, `~°~.C.~, ,~° ~~ SECRETARY, AMAHEIM CITY PLANPIIM~; C~MMISSION -3- PC82-15 3'~.. v ? :,;: _ _. ~~