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PC 85-39RESOLUTION N0. PC85-39 A RESnLUTZON OF THE ANAHRIM CITY PLANNING COMMISSION THAT PETITZON FOR VAkIANCE N0. 3458 BE GRAtd'fED WEiEREAS, the Anaheim City Planning Commission did receive a veriEied Petition for Variance from [9ESTERN MEDICAL CENTER - ANAHEIM, 1025 South Anaheim Boulevard, Anaheim, California 92805, ATTtd: CAROLYN GILLGPSIE and JOHN GOETTEN, 1900-H East Warner Avenue, Santa Ana, California 92705, agent for certain real property situated in the City of Anaheim, County of Orange, State of California descri.bed as: PARCELS 1 RND 2, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGB~ STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOiC 48 PAGE 16 OF PHRCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. the Civic Center ~in hthe 1City lofnAnaheimmon 1Feb uar h t, a a public hearing at notice of said public hearing having been dul y~ 1985, at 1:30 p,m,, accordance witn the provisions of the Anahe m Mun c palr Code edChapter 18a03n to hear and consider nvidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEkEAS, said Commission, after due inspecti.on, investigation and study made by itself and in iks behalf, and aLter due consideration of all evidence and reports offered at said hearing, does find and determin<~ the following facts: 1• That the peL-itioner proposes waivers of the following to construct a 3-foot high masonry wa].1: SECTION 18.44.063.020 - Minimum structural setback and hei ht of AND 18.44.064.011 masonry~w _all, (5-foot hiah masonrv wall r~quired 10 ft from Lemon St ; 3-foo_ t h=qh masonrv ~q~l~ prppa.-ed 3 Lt Erom Lemon Streek 2• That the above-mentioned waiver is hereby granted on the basis that the lower wall will provide better security and improve visibility for traffic and further on th~ basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicini.ty; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties ir. the identical zone and classification in the vicinity. 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 nc+t apply generally to the property or class of use in the i same vicinity and zone. '1• That the cequesced 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. ~" `.~..,. ~-:. ....~ ._.#0438r ~~:YU~ ° "''' PC85-39 ;,~ ~ ~~ ~-_ `ryr.t.:.~;.1 . .. 5. That the requested variance will not be materially detrimental *_o the public welfare or injucious to the property or improvements in such vicinity and zone in which Lhe 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 subject p~atition. EDiVIRONMENTAL ZMPACT FSNDING: The Planning Director ur his authorized representative has deter~ained that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIP. Guidelines and is, therefore, c:,tegorically exempt from the requiremenl- to prepare an EIR. NOW, THEREPORE, BE IT RESOLlED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby Lound to be a necessa:y prerequisite to the proposed use of the subject propecty in order to preserve the safety and general welfare of the Citizens ot the City of Anaheim: 1. That all driveways providing access on Lemon Street shall be reconstructed to accommodate ten (10) foot radius curb r=turns as requiced by the City Traffic Engineer. 2. That trash storage areas shall be pcovided and maintained in accordance with approved plans on file witn the Street Maintenance and Sanitation Division. 3. That prior to commencement of construction of the block wall, a plan indicating the parking space design, circulation and block wall design shall be submitted to ana approved by the City Traffic Engineer to ensure safe vehicular and pedestrian visibility. 4. That landscaping, including irrigation facilities, shall be installed and maintained as required by City standards in that area between the concrete block wall and the pub]ic rignt-of-way on Lemor. Street. 5. Tha*_ subject property shall be developed substantially in accor8ance with plans and specificakions on file with the City of Anaheim mark?d Exhibit Nos. 1 and 2. 6. That prior to completion of tha block wall construcl•ion herein appoved, all of the aforementioned conditions shall be complied with. DE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Recolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condit~on, or any part khereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then thfs Resolution, and any approvals herein contained, shall be deemed null an~3 void. -Z PC85-39 THE POREGOING RESOLUTION is signed and a of FebCUary, 1985. _ Pproved by me this 4th day ..__r ~ ~ ~/ f~ ~ ' / / .l/~ -----.,.; ATTEST: CHAfRMAN, P.NAA I CITY PLANNING COMMZSSION ~ ~ ~ SECRETARY, ANAHEIM CITY P ANNING COMMISSION STATE OE' CALIFORNIA ) COUNTY OE ORANGE ) ss. CITY OF ANAHEIM ) ~ Ir Edith L. Harris, Secretary of the Anaheim City P1aMing Comrtiission, do hereby certify that the foregoing resolution was passed and ~ adopted at a meeting of the Anaheim City Planning Commission held on Februarv "1, 1985, by the folloy~ing vote of the men~bers thereof: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY~ HERBST~ KING, LA CLAIRE, MC BURIIEY NOES: COMMISSZONERS: NO[vC ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF. I have hereunto set b'~bruary, 1985, my hand this 4th day of ~c.~~ !'~ ~/~~.c SECRETARY, ANAHEIM CITY PLANNING r_pMMISSION -3- PC85-39 ~,;:t