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PC 88-227 ~ ~ '~,~ .c.. .»,.. n:v»~i;..o.onrs,:;~rr ,q~,~~T .tii..:, .r,w~ n+~A ._ h!"L S~Init+..Y `;'~'r.,~ ~.r;" ~ „~~i,t~ •::~.. .,i - . . . . . .. . . . . ~ .. .. , . . ~ .. . ~ . . . . . . . . ...... . .. . ~~i ~i~~!'fX'~ ~.; ~ I `' L .~ , ,w1,~„~'h l `` 1 ; RE_.SQ~? x ~~ resa-22~ ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION ~ ~ DENYING A REQUEST TO AMEND RESOLL'TION Iv'0. PC88-14, ADOPTET~ IN CONNFCTION WITH 'VARIANCE N0. 3737 *r~HEREAS, on January 4, 1988, Varianc~ No. ~737 was granted ux~d~r ~ Resolution No. QC88-14 by the Anaheim Ci~y Planning Commission to construct a ~' ^r~~ 2-story, 8-unit condominium complex wiCh waiver• of maximum fence height. ;cr: WHEREAS, Hugo Vazqtiez~ representing Vazc~uez and De Leon 12, property owners, has requested amendment to saicl resolution to delete Condition Na, g ~ and to modify Condition No. 15 (by deleting all reference to C~ndition No, 9) , ` to read as foll~ws: ~' ~. ` ~ ' "That prior to issuance oP a building permit or within a perzud of ~ ~ une year from the date of this r.osolution, wha.chever occurs first `i~' ~ ~ , Conditi~n Nos. 1, 3, 4, 6 and 7, above-mentionec, shall be complied with. ~xtensions £or furthe.r time to com~lete said condit.ions may `? be granted in accordance with Section 18.~3.090 of the Anaheim Municipal Code~" FTHEFEAS, Conditiori Nos, 9 and 15 of Resolution No. PCBB-~4 read as £ollow: "No. 9. That a tract map to record the ;:ubdivision of sub'ect f , property shall b~ submitted to and appr~ved by the City oE Anahzim and then be recorde.d i.n the t7ffice of the Oxange County Recorder. :~; No. 15. That prior to issuance af a building permit ur withir. a period of .~'~ one year from the date of this resolution, whichever occurs first, '1%r Condition Nos, l, 3, 4, 6, '1 and 9, a~ove-mentioned, sha11 be complied with. Ext;ensions far further ti.me to complete said c.onditions may be qranted in accordanae with Sec*ian 18.d3.09n of ~ the Anaheim Municapal Code." WHEREAS, the City Pianning Corrunission did hold a piabl3.c hearing at L-he Civic C~nter in the City of` Anaheim on August 15, 1988, at Y:30 p.m., notice oE said public hearing having bsen duly given a~ required by law and ,in accordance w:th the provisions oF the Anaheim Municipal Code, Chapter 18.Q3, to hear and cc.isider ~videhce for and against sazd progosed amendment and to investigate and mak~ findings and recommendations in connection ther.ewirhs and Y7FiEREAS, said Commission, after due inspectic~n, ir.vestigation and studx made by itself and in its behalf, an:i after due consicle.ration of all. evxdence an~ reports offered at said hearing, does firid and determir.e the fol~owing f.acts: ',~ 1. That AnahQim Munzci~al Code Secti.on 18.03.091 permits modificatian of a ~'~ variance xn connection with a duly noliced public haaring }ay the body which i# gr~nted finai appr~val of said per.ition; , `~ 0456r ~. % PC88-227 ` ? ~{'. •, . .I +~ _ ~ , . . ~ . . , ~ . . ~ . . .~~l,tr'V . , . . ~ ~ . , ~ . . ',.~~r.. ' ,~n~ ~ ~ . . . ~.' i .~' i '~ 2, That the praposal to permit r.onstruction ar~d completion of a residontial ~` complex (which was advertised and ~pproved as a condominium projsct) pxaar to ~'' - recordation oP a final tract map would establish ar. undesirable precedent whereby a residenCial r.ondominium complex is approved but an apartment comple~ is actualxy constructed; ~ 3. That the proposal would encoursge the rer_tal occupancy c£ projects which j were approved for residen!:ial conaominiums; and i ~ 9. That rental occuQancy of un.i.s prior to approval of a final trac~ map may~ :; require compliance with The 5tate Subdivisi.on Act pravisions fur conversians including ~enant noti~zcation. ! HOW, T.HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny the request to amend Resolution 210. PC88-J.4, ~ , adopted in connectian with Variance No. 3737. TI:E FOFEGOIN~ RES~LUTION is signec~ and approved by rne this 15th dax of August, 1988. .~ ' ~"~~~.L'l''~ . j~ , fI~ ;'~~,L. ~, •t ~_ CHAIRMAN;/ANA'riEIM ~~ITY PL,ANNING CO~ITSSION ATTEST : ~~ ~ ____,~~!~-~~1 ~-t~~-' ~. /. .r ,%~ -~- -~_~_ EXECUTIVE 5ECRETARY, ANAHEIM PLANNING DEFARTMENT STATE OF CALIFORNIA } GOUN'TX OF ORANGF ) ss. CxTY OF ANAHEIM ) I, Pamela H. Starnes, Executive Secretary of the Anaheim Planning Degartmeni;, do hereb~ cert,ify that tne foregoing resolut.ion was passed and adopted at a mePting af the Anaheim City Planning Commission held on August 15, :1988, by the fallowing vote of the members ~hereoF: AYES: COMMISSIONERS: BOUAS, CARt7SILL0, FELDHAiJS, HERBST, td~S$E NOES: C4b1MIS5IQNERS: NONE ABSENT: C4MMI5SIOTIERS: BOYDSTUP7, MC BURNEY IN WITNESS WHEREOF, I have hereunto sc:t my hand this 15th day of Augus~, 1988. ~ ~~1 ~.-- ~~ ~'l.L~~./i4'. ~~~~'1/h,~~f ..._ EXECUTIVE SECRETAR'l, A.*I~FiEIM PLANNTNG DFPARTMENT Q456r 2 P~88-22^