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Resolution-PC 93-17~' ~ A RESOLU710N OF THE ANAHEIM CITY PLANNING COMMISSION TWAT PET!TION FOR VARIAN~E N0. 4210 BE GRANTED WHERE4S, the Anahelm Ciry Planning Commission did recelve a verifled Petitlon for Variance for cartafn real property aituated In the City of Anahelm, Counry of Orange, State of Calliornia descrlbRd as: PARCEL 1 OF PARCEI. MAP N0. 88•335, .4S SHOWN ON A MAP FILED IN BAOK 2~55, PACiES 11 TO 18, INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANOE COUNTY, CALIFORNIR. WHEREAS, the Ciry Plar~~iing Commfssion did hold a publla hearfng at the Civic Center in the City of Anahalm on February 8, 1993, at 1:30 p.m., notice af said public hearing having been duly given as requirad by law and in sccordance with the provfslons of the Anahsim Municipal Code, Chapter 18.03, to hear and consldet ovidence tor and against sald proposed variance and to Inveatigete and make findings and recommendatlons In cannectlon therewith; And WHEREAS, said Commisston, aiter duo Inspoctfon, Investlgetion and study made by itself and fn its Uohalf, and after due c~nsideration of all evfdence and reports offerod at aafd hearfng, does find and determine the iotlowing tacts: fence; 1. That tho petitianer proposes walver of the following to conatruct a 8-foot high wrought iran SECT,~QN 18 037,010 - .F3e~uir@~~9lL@.~.W1d~L~.CISS~Ula~ (a-foot hiq~ solfd masonrv wall, e{~h,@n berm„~r combinatlon thereof requtred along north property Itne; g•foot hiah wrouaht Iron fence proposed) 2. That su~~ect property Is being developed with a t25•unlt senior citlzens apartment complex under Conditional Use Permit No. 2809; 3. That there are speclal circumstances appllcable to ths property consis!~r~y of topography, location and aurrnuridings, wh(ch do not eppiy to other fdentically zoned propertles in the v(cinity, because constructing a solld wail, es required by Code, cauld create an adverae aesthetic fmpact on the ad)p:ent open space; 4. That strict applfcatlon of the Zonfng Cade deprives the properry of privlleges enJoyed by other propoKies in fdenticel zoning classifl~at(on in the viciniry; 5. 7hat the location oi the proposed wrought iron ience, togethor wixh approved lendscapin~, will meet the Intent ot the Cods by providing a landscaped berm between subject properry and the adJacent property to the north which fs developed with a racreational faclliry; and 6. That one person (ndicated hIs prosenco after sald publfc hearing In oppositlon; and thot no correspondence was received In oppositlon to subJect petitfon. ~ALIFORNIA ENVIRON, j 1~F„yJAL ~UALITY ACT FINDINC~: The Plannfng Director ar his suthorized representative ha4 determined that the proposed project falls v~fthin the dofinit(on of CateBorlcal Exemptlons, Class t 1, as de(ined In tho State EIR Cufdeline~ and Is, theretore, categoricaily exempt irom the requfrement to prepare an EIR. ""d ~>. n,~~ CFl 1'37MS.wp -1- PC93-17 Q~' ~ NOW, THEREFORE, BE IT RESOI.VED that the Anahaim City Planning Commission does hereby grant subJect Petitlon for Variance, upon the tollowing conditlons which are hereby found to be a neoosa~ry prerequlsito to the propoaed use of th9 aubJect property In order to praserve tho safery and gener~l weliare of the Citizons of the Cfty of Anaheim: 1, That subject prnperty shall be devoloped substanttally In accordance with ptans and speciflcatlons submltted to the Ciry of Anahelm :~y the petitfoner and wh(ch plans are on flte with the Planning Department markod Exhibit No. 1. 2, That prlor to final building and zoning Inspectlons or within a perfod of ono (1) year from the date of tFds resolutlon, whichevsr occurs flrst, Conditlon No. 1, above-mentloned, shall be complted with. g, That approval of this appllcatlon constitutes approval of th0 proposed request only to the extent that it complfes wlth !he Anaheim Munlcipal Zonfng Code and any other appllcable Clty, Stats and Federel regulAtions. Approval does not (nclude any actfon or findings as to compllance or ~.provel of the request re~larding any other appllcable ordinanca, regulatlon or requlrement. BE IT FUFITHER RESOLVED that the Anahefm City Planning Commission does hereby find and ~ietermine that adoptlon of th(s Resolutlon is expressly predlcated upon applicant's c~mpllance with each and all of the conditlons herelnabove sst forth. Should any such c~ndition, or any part thereof, be declared Invalld or unentorceabie by the finAl Judgment of any court of com~ent ~uriadictlon, than this Rosolutlon, and any approvals hereln contalned, shall be deemod nuil snd v d. THE FOREGOINQ RESOLUTION was ado tly~ PI~ Ing Commisslan meeting of February 8, 1993. ,` ~ • ATTEST: ~// /Qh~Y!/le~"/1 ) ~0~1ls~ SECR AR NAHEIM CI7Y PIANNING COMMISSION STATE OF CALIFORNIA ) C(~UNTY 0~ ORANGE ) ss. CITY OF ANAHCIM ) CIT! I, Margarka Soiorlo, Ssaretary of the Anaheim Cfty Planning Commission, do hereby certify that the foregofng resolutfon was passed and adopted at n meeting of the Anahelm City Planning Commission held on February 8, 1993, by the iollowfng vote of the members thereof: AYES: COPAMIS510NERS: BOYDSTUN, CALDWELL, NENNINGER, MAYER, MESSE, PERAZA, TAIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONEHS: NONE !N WITNESS WHEREOF, I havo hereunto set my hand this ~ day of ~ 1993. SEO ET Y, ANAFiEIM CIT'Y PLANNING COMMISSION ~ ~~`, ~. ,2. PC93•17