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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