PC 76-188~
RESOLUTION N0. F'C76-188
0
A RESOLUTION OF TNE ANAHEIM CITY PLANNING CONMISSION
THAT PETITION FOR VARIANCE N0. 2847 BE GRANTED.
WHEREAS~ the Anaheim Cit•; Planning Commission did receive a veri`ted
Petition for Varlance from KEN GEORGE AND JUAN 7. D01, 8681 Katella Avenue, Stanton,
Californfa 90680 (Owners); WILLlAM R. RUSSELL, 2275 W. Lincoln Avenue, Sulte E,
Anahelm, California 92801 (Agent) of certain real prooerty situated in the City of
Anahelm, County of Orange, State of Lalifornia described as:
Lot 1 of Tract No. 42b1 ln the Lity of Anaheim, County of Orange as per map
recordEd in Book 161 at pages 41 to 43 inclusive, of Miscellaneous Maps, in the
office of the County Recorder of sald CeunCy.
EXCEPTING THEREFROM the easterly 125.00 feet~ measured parallcl with the
northcrly prolongation of Che tangent pcrtton of the easte~ly line of the
northerly 175.00 feet, measured parailei with the easterly prolongation of the
tangent portfon of the northerly line of sald Lot 1~f Tract N~. 4261,
WHEREAS~ the City Planning Carnnisslon did hold a public hearing at the Ctty
Hall in the Clty of Anaheim on September 27, 197E;, aL 1:30 P.m „ notdce of sald
publlc hearing havfng been duly given as requlred by law a~d in accard~s~ce wi[h the
provisions of the Anahelrn Municipal Code, Cha~~*r 18.03, to hear and consider
evidence for and egalnst sald praposed varlance and Co fnvestigate and make findings
and recommendatlons in connection therewith; and
WHEREAS, sald Commission, after due inspection, investigation and study made
by itself and in its beha;f, and after d~.ie consideration of ali evide~ice an~ reports
of'~ered at sald hearing, does find and determine the foliowing facts:
1, That the petltioner proposes the 'Followin9 walver from the Anaheim
Municlpal Code, to permlt et9ht (8) picnlc-type tables in front of an existing
dellcatessen/convenience market:
SEC7EON 1$,~~4.02s.020 - Permitted uses. (Outdaar picnlc tables
- not permitied
2. 7hat the above-mentioned waiver is hereby 9ranted for eight (8)
"picnic-type" tables wlth a maximum dimenslon of ~~$ inches to be located outside the
buliding at the subJect location on thc basis that the existing facility meets the
standards requirer3 rGr an enclosed restaurant with respect to requir•ed kltchen area
and parking spaces, and further, that the petltfoner Indicated that the proposed use
fs transltional in nature unttl the existtng restaurant can be relocated *.o a
different location; however, khl~ vorlance is granted for a period of one year
subJectto review and considcration for +~n extension of time.
3, That there are exceptlonal or extraordinary circumstances or condition~
epplicable to the property fnvotved or to the intended use of the property that do
not apply gencrally to thc property or class of use In the same vic(nity and zone.
~~, That the requested varlance ts necessary for the preservation and
enJoyment of a substantlal property right possessed by other properYy in the sane
vicinlty and zone, and denicd to the property In questlon.
;. That the requested variance will not be materlally detrimental to the
p~b11c wel4are or 1nJurious to Che preperty or Improvements in such vicinlty and zone
In which the property ls located.
C,, Th+~t no one indlcnted thelr presence at said pubtic hearing in
oppositlen; and that no correspondence was received ln opposttlon to subJecC
pct141on.
f.NVIRONMENTAL !MPACT REPOR7 FINDING: That the Director of the Planning
Departmerr-Fa~~termfnect t at t e propose activlty falis within the definition of
Section 3.~1, Class 1, of the City of Anaheim G~idelines to the Requirements for an
Fnvironmental Impact Report and is, therefore~ categorically exempt from the
rnquiremcnt to file an EIR,
RESOLUTION N0. PC76-188
r
~ ~
NOW~ THEREFORE, BE IT RESQLVED that the Anaheim City Planning Cortmission
does hereby grant subject Petition for Varianc~~ upon the following condittons which
are her~by ~ound to be a necessary prerequlsite to the proposed use of tf~e subJect
property in order Lo preserve the safety and general welfare of the Cltizens of the
Clty of Anahetm:
1. That appropriate water assessment fees as determined by the Director of
Public UL'illttes shall be paid to the City of Anaheim prtor to the issuance of a
bullding pcrmit.
2. That street lighting facilitles along Lincoln Avenue~ Laxore Street.
and Embar.sy Avenue shall be installed as required by the Direc!or of Public
Uttlltie;c, and in nccordance with standard specifications on file in the Office of
the Director af Public Utllities; or thaL a bond, certificate of deposit, !etter a'
credit, or r,msho in an amount and form ::atisfactory to the City of Anahetm shall be
posted e~fth thc Clty to guerantee the installatlon of the above-mentloned
requ I rerne:nts.
3. That thie owner(s) of subJect property shall pay to the City of Anaheim.
the sum of 6~ cents per front foot along Llncoin Avenue. Lnxore Street. and Embassy
Avenue fc~r tree planttng purposes.
4. That subJect property shall be developed substantially in accordance
with plans and saecifications on ftle wlth the C~ty of Anahelm marked Exhibit Nos. t
through ;.
5. That Condltlon Nos. 2 and 3, above-mentioned, shal'i be canplled wlth
prlor to the commencement of the activity authorized under this resolutlon. or prior
to the time that thc buliding permit ls lssued~ or wlthin a perlod of one year from
date here~f~ whichever occurs flrst, or such further tlme as the Planning Commission
and/or City Cou~cll may grant.
F,, That Condltlon No. 4, ahove-mentloned~ shall be comptted with prior to
final butldtng and zoning Inspectlons.
7. That this varlance shali be granted for a pcrl~d of one (1) year,
sub;ect to review end consideration for an extenslon of time, u~+on written request by
the peCitioner.
THE FOREGOING fiE50LUTI0N Is 9lgned
September 1976.
A71'EST:
' . ~ .~~
SECRE A~~~ANEIH CI L F:~tNG COMMISSION
and approv by me this 27th day of
~
H IRMAN~ AN IM CITY 1'LA,NNING CUMHi5S10N
STA7C ^F CALlFORNIA )
CAUN7Y OF ORANGE lss.
CITY OF A~IAHEIM )
I, Patrtcla e. Scanlan, Setretary of the Anaheim City Planning Commission,
do hcreby certlfy that the foregofng resolution was passed and adoptcd at a meeting
of the Anahetm City Planning Comm)ssTon. held on 5eptember 27~ 1976~ at 1:3D p.m., by
the folluwing vote of the mnmbers thereof:
AYES: COMMISSIONERS: BARNES, HERB57~ KING, MORLEY, JOHNSON
NOES: LOMNISSIONERS: FARANO
ABSENT: COMMISSIONER5: TOLAR
IN WITNESS WHEREOF, 1 have hereunto set rtry hand this 27th day of Septembcr
1376. ~ ^
SE~~•~IN~ CITY FLANNING COMM~SION
-2-
RESOLUTION NC. PG76-188