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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