PC 76-129~ ~
Rf:SnU~Tlnl~ ~~(1. rc7~-»~
A RESQLUT I f1H ~F 7Rf. A~~AHE I M f. ITY PLAtItJ t t7G Cn~1M I SS I ON
TNAT PETITIOt! F~R VR'IAMf.F 11(1. 7.87.~ P.f: RRAtITEf~.
Idl{ERCAS, the Anaheim f,ity Planning Commission dicl receive a vr.rified
Pet i t i on for Var i ance from R~NtJY C. , JOYCE, JFR!;`! .4~'f1 FA1~!I AhiDERS~~I, 4F1( [. La Pa imn
Avenue, Anaheim, California Q2407 (~amers); t1ARtE NQRT~~J A!ID AiInRFV PRn55FR, "3~~3
Hickory DrivF, Guena Parl:, California °Qfi7.(1 (Agents) of certain real pr~nPrty
situatecl in the Cfty of Anaheir~, County of Qrange, Stete of California descrihed as:
The Easterly 125 feet as measured along the Wortherly line of that certain real
property, in the city of Anaheim, c~unty of Orange, state of California, heing
that portion of the land shawn as "!lavarro Tract", on a mao shoorinn the partitinn
of the H. Yorba Estate, as shown on a map filed in honk 1, pac~e 7.7 ~f RPCOr~ ~f
Surveys, in the office of the county recorder of s~i~1 cnun*.y, descriherl ~5
follows:
7he Westerly 35Q.5~ feet ~f the f~ltowinq descrihe~l land; heninnin~ at thr.
Southwesterly corner of thr_ land descrihed in the deed to ~len Wiley and wife,
recorded May 5, 19~~ j~ hA~k ~n~~r Pa9P ~~'~~ ~fficial Recor~ls, records of said
county; thence tlorth Ob 27' nt?" llest along the 4Jesterly line of sairl land, iFP•2~~
feet to the Southerly li~e of La Palna Avenue (1f1h.~0) feet wide as ~lescribed in
the deed to the County ~f ~ran9e, recorded June 2!1, 1^~~?, in hook R2~~, ~aqe 113,
nfficial Records, records of said county; thence North g~° Sn' 1~" Fast alon~
said Southcrly 11ne, ?17.21 feet to thr_ Fasterly line nf the land descrihed in
said deed to Glen bliley, thence South ~~ ~~' S5" East, :~long said Easterly line,
31i7.76 feet to the Southeast corner of the land describr.d in said deed t~ ~len
t.'iley; thence tJorth 75° 14' ~tf," W~st, alon9 the Southerly line of the land
described in said deed to ~len Wiley 7~+3.51 feet to the point of be9lnninn.
Containing an area of 1.f.~3 acres, more ~r less.
Said land is shown as Parcel 3 on a map filed in heok 7.7, paae 7. of Parcel ~~aps,
in the offi~e of the county recorder of said county.
WfiF.REAS, th~ City Ptanning Cornmission ciid hold >~ puhlic hearing at the City
Hall in the Clty of Anaheim on July 7, 1~7L•, at 1:30 .` , notice of said public
hearing having heen duly givers as rr.~isi~rsd L~; ,iaw and in accordance with the
provisinns of the Anahr.iM Hunicip~l Cor!~, '''^?^' •~~ 1~',~3, [c+ `~ar ~.nd cnrs~~iCr
cvidence for and against said nroposed varianr.•~ and to investJ~.ate and make findings
and recommendat tons i n connect i nn there~!~ tl~; ~md
WHEftEAS, said Commission, after due inspe~*ton, in~~estigation and study ma~lr,
by itself and in its behalf, and ~fter due consideration af a"1 evidr.nce and reo~rts
offer~ci at said hearingr ~oFS find and rietn.rmine tF,e fnllowing facts:
1. That the petiti~ner proposes the following waiver fr~m the Anahein
1lunicipal Co~ie, to permtt the retail s~les of sandvriches in the NL (I~I~tiST",I^L,
LI'iITFD) Z~Nf:
SF.CTI~I! t'~.61.~2~ - Permitterl prinary USP.S. {Retail s~les
of sandwiches not permitted)
2, That the above-mentioned waiver is herehy granted on the basts that thr.
petitioner ~tipulated thaY n~ sit-clown dining facilities are pron~sP~1 a~d that the
business w,ill consist entirely of retail sales of sandwiches, salads ~ne1 soft dri~ks,
~aith no cookiny of food on the premises; and, furthermore, that simil:~r waivers have
been previously granted for take-out fnod services in the 11L 7.one.
3. That there are exceptional or extraordSnary circumsta~fnne~YYc~Yhi~it~~~
applicable to the property involvecf or to the intended use of the
not apply generally to the ~roperty or class of use in the same vicinity and zone.
4. ihat the requested variance is necessary for the preservation and
en.joyment of a substantial property right possessed hy other property in the same
vicinity and zone~ and denieA t~ the property in question.
5, That the requested variance will not ~e materially detrimental to the
puhlic welfare or in)urtous to ti~e property or imnrovements in such viclnity anri zcne
in which the property is located.
RESbLUTIOr! No, PC76-129
~ ~
C;. That no onP indicate~l their presence ~t siici puhlic hearing tn
opposition; and no corresponrlence was received in opposition to suhject petiti~n.
EtJ111RONFIEMTAL I~IPACT REP~RT FlppltlR:
That the Director of the Planning ~epartment has rletr.rmine~l that the
proposeci activity falls within the definition of Section 3.~1, Class 1, of the Ci[y
of Anaheim Guidelines to the Requirements for an Environmental Impact Report ~nd is,
therefore, categorically exempt from the requir~ment to file an EIR.
~~QW, THEREFORE, P.F IT RFSOL~IED that the Anaheim Lity Planning f,onmissinn
does hereby grant subject Petiti~n for Variance, unon thr. folloaiin9 condiLions ~•ihich
are hereby found to br. a necessary prerequisite to the ~roposed us~ of the suhJect
property in order to preserve the safety anri general ~~elfare of the f,itizens ~f the
City of Anaheim:
1, That subJect property shall he dev~lnned suF,st~ntialty in accnr~lance
~aith plans and specifications ~n file with the City of Ana!~eim m~rkP~f cxhihit Nn. 1;
nrovided that no sit-down dining f:~cilities sha11 be provi~led on the nrPmises as
stipular.ed to by the petitinncr.
2. That the take-out fioo~i husiness shall consist entirely of retail salr.s
of sanclwiches, salads and soft clrinks, ~•~ith no c~oking of food on the prr.nisPS, as
stipulated to hy the petitionr.r.
THE FOREGOII~R RF.S~L~ITI(!tl is signed and approvecl me this ?th day of
July, 1~7f,.
~~
CNAIR~tAtd~ ANAHFL I Y PLANNItar, CnM~~ISSImt
ATTEST:
~j~%~.lil~~ ~G~GNt/
SECRF.TARY, AMAHERI CITY PLA~UIIN~ COMNISSIQI!
STATE ~F CI1LifORfiIA )
CQUNTY OF ORANGE )ss.
CITY OF A!lAHEIN )
I, Patricia B. Scanlan, Secretary caf the f,ity Planning f,ommission ~f the
City of Anaheim, do hereby c~rtify that the foregoing resolution was oassed and
arlopted at a meeting of the City Planning Commissi~n nf the City of Anaheim, helrl on
July 7, 1~37h, at t:3n ~,ri., hy the following vote of the mr.mhers thereof:
AYES: f,Q11NI5510FIER5: fiARtlFS, FARA1Jr1, HF.RBST, KING, MORLF.Y, JOIINS~~i
~JOES: COt1111SSI~NERS: NONF.
ADSFNT: CO'1MISSIONERS: TOLAR
IIJ WITHESS l•lHEREnF, I have hereunto set my h~nd ;his 7th day of July, 1Q7~•
,.~~~~,~~~..~~
SECRETARY, ANAHF I~4 C ITY PI.A~~~I I ~~~ ~.n!1~~ I 551 ~"I
-7_ RESQLUTInp N0. PC7~-129