PC 76-189c` • •
RESOLUTION Nd. PC76-189
A RESOLU710N (1F 7HE ANAHEIM CITY PLANNING COMMISSION
TNAT PETITION FOR VARIANCE N0. 2849 BE GRADlTED.
1dHEftEAS, the Anahelm City Pla~ning Commission dld recclve a verlfled
Pe4ltion for Variance from VIC PELOQUIN, 3'i45 E. La Palma Avenue, ltnehclrn. Californta
72800 (Owner); CARL S. HOFFMAN AND BERNARu N, GAON, 759 5, Rosatind Drlvc, Orange,
Californla 92669 (Agents} of certain real property situated in the City of Anaheim,
County of Orarge, State of Caiifornla described as:
LOT 1 OF 7RfiCT N0. 5~78, IN THE CITY UF AN~HEIh, COUNTY OF ORANGE, STATE OF
CALIFQRNIA~ AS PER MAP RECORDEG IN BOOK 188 PAGES 7 AND 8 OF HISCELLANEOUS MANS,
IN ThIE OFFICE OF THE COUN7Y RECORDER OF SAtD COUN7Y.
WIi~RLAS~ the City Planning Commisston did hold a publlc hearing at the City
Hall fn the City of Anaheim on September 27, 1976~ at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anahefm Municipal Code, Chapter 19,03, to hear and consider
evidencc for and agalnst said proposed variance and to investigate and make findings
and recommendatlons tn connection therewith; and
WHER~AS, said Commisslon, after due inspectlon, investlgation and study made
by Itself and ln its behalf, and after due consideratlon of all evidence and reports
offered at said hearing, does find and determine the foltowing facts:
1. That the petltlontr proposes the following vr.'vers from the Anaheim
Munlcipol Code, to permlt the retali sales of sandwiches:
a. SECTION 18,06.060 - Mtnimum number of parkln~,paces.
2~ spaces required; 15 sp_ires proposed)
b. SECTION 18,6).0~0 - Perm(tted uses. (Retail sandwich sales
not perm tted
2. That Walvcr t-a, above-mentloned~ is hereby granted on the basis that
the peLitloner Indicated that a large percentage of the a~ticipateci businrss will
consist of walk-In trade from ncarby indust~la! usor~ and ~that telephone orders will
te taken from induatrtal ~lants; thorefore, the existing parking will be sufficient
t'or the proryosed use.
3. 7hat Walvcr 1-b, above••mentloned, Is hereby granted on the t:asis Lhat
the use Is primarily to serve tl~e Industrla) compiex in whlch lt is located, said use
being granted for a one-year period of time, sub]ect to revlew and consideratlon for
an extenslon of ttme.
a~. That the petltioner stlpulated there will be no cooking of food on the
premisr_s.
5. That thc petitloner stlpulated there will be no sitdown faciilties and
no food ~N111 bc consumed on the premises.
6. 7hat the petitloner stipulated that the hours of op~raticn wtll be
between y:Oq a.m, and 4:OQ p.m.
`~' 7. Tfiat there are exceptlonal or extraordlnary circumstances or conditions
appllcable to the p~operty involved or to the intended use ofi the property that do
not apaly generelly to the property or class of use tn the same vicin!ty and zone.
(3. That the requested varlance is necessary for the preservatton and
enJoyment of a substantlal property right possessed by other property in the same
vlclnfty nnd zanc, and denled t~ the property In questlon.
9. That the requesteJ variance wili not Ee materlally detrimental to the
publlc welPore or inJurious to the property or Improvements ln such vicintty and zone
In which the praperey Is located.
10. That two (2) persons appeare~ at said public hearing in opposttion; and
th~t no correspondenee was recelved tn ~ppo~ltlon to subJect pet)tion.
RESOLU710N N0. PC76-189
t~ ~ ~
f:NVIRONhfENTAL IMPACT REPORT FINDING: That the Director of the PlannTng
Department has dttermine thaL the proposed atCivity falls within the definitTon of
Section 3,01~ Class i, of the City cf Anahelm Guidellnes to the Requirements for an
Environmental Impact Report a~d 1s, therefore~ categorically exempt fram the
requlrement to flle an EIR,
NOW, TNEREFORE, BE IT RESOLVED that the Anaheim CTty Planning Commfssian
does herehy grant ~~b,;ect Petitlon for Variance~ upon the followTng conditlons which
are herei~y fo~;:~d to be a necessary prerequlslte to the proposed use af the subJect
propertv ln order to preserve the safety and generel weifare ofi the Citizens of the
Lity of knaheim:
1. That sidewalks sh~il be installed along La Pa~ma Avenuz and fountatn
Way as requlred by T.he CTty Engineer and tn accorCance with standard plans and
specifi~ations on filc: ln the Office of the City Engineer.
2. That subJect property shall be devetoped substantlally in accordance
witn plar.~s and specifications on flle with the City of Anahelm marked Exhibit Nos. 1
and 2.
3. That Londition ?los. 1 and 2~ above-mentioned, shatl be ctxnplicd with
prlor to final building and ~oning inspections.
h. That there shall be no sltdown facilltles provided o~ ihe premises and
no food sliall bc consumed on the premises, as stlpulated to by the petittoner.
i. Thet tfiere shall be no cook.ing of feod un the pramises, as stipuiated
to by the petitloner.
(i. 'fhat tl~e hours of operetlon shall be frnr~ 9:00 a.m, to h:00 p.m.~ as
stipulatal to by th~~ petiitoner.
'7. That tFile varlance is granted for a timt perlod of one (1) year.
subJect t~ review r.nd consideration for an extenslon of time. upon writtzn request by
the petitioner.
TIfE FOREGOING R'r.50LUT10N is slgned and approv by me ti~ls 27th day of
September 1976.
~r
CHAIRMAN~ A IM CITY PLANNING COMMISSIOR
ATTEST:
~~~-d~.~~
SEf.R , A .cIM C~Y~LNNNIN Mht~`51~1
STATE OF r,AL~fOaNIA ~
COUNTY OF QRANGE }55.
Ci7Y OF Al1AHEIM )
I, Patricia B. Scanlan, Secretary of the Anahelm Cit~/ Planning Commission.
do hereby certlfy that: the foregoing resolution was pa~sed and adopted at a meeting
of the An.~helm City Planning Cortmission, held on September 27, 1976, at 1:30 p.m,, by
the fo1lc~~ring vote of the members thereof:
pYES: LOMhI5510NEF;5t BARNES~ HERBST~ KING, MORLEY~ JOHNSON
NOES: COMMi5510NEF;S: FARANO
ADSENT: COMMISSIONEf;3: TOLAR
IN WITNESS WfIERFGf, I havc hereunto set my hand thls 27th day of Septcmber
1976.
' ,~.~,r.~~
SECR AR ~ ANAH IM ClTY LA~NING COMMISSION
-2- RESOLUTION N0. PC76-189