PC 79-1131
RESOLU710N N0. PC 7Q-11;
RESOLUT101! OF THE AtJAHERI CITY ?LAIIHiNG CGFIHISSION
THAT PETITION FOR VARIAtICF N~. 30~3 BE GRA~ITE~
WHEP.EAS, thc Anaheim Gity Planning Commission did receive a verified
Petition for Variance from IIICF: P. LOCOCC, 3724 Spencer Street, ..°12?, Torrance,
California 90503, owner~ and GEORGE SII~ITZIN, DE!It1Y'S IIIC,, 14489 Industry Circle, La
Mirada, California 90637, agent, of certain real property situated in the Lity of
Anaheim~ County of Orange, State of California described as:
The Wes[eriy 36D.00 feet of that portion of [he Northr~est quarter
of thc Southeast quarter of Section ?.2, Tormship L South, Range 10
West i~ the Rancho San Juan CaJon De Santa Ana, City of Anaheim,
Courcty of Orange, State ~f California, as per Map recorded in Book
51, Page 10 oP Miscellaneous Maps, in the office of the Coun[y
Recorder of said County, described as follows: Beginnin9 at a
poin;. on the ldest line of the Southeast quarter of Section 22,
South 0° 14' 3'~" Eas[ 53°.2b feet from the center of said Section
22, said cen[er point being the intersection of the center line of
Cerritos Avenue from the West with the tJorth and South quarter
sectlon line of said section 22; thencc tJorth 89° 55' ;0" East
(60.75'feet to a one-inch iron pipe, as shown on a map filed in
Book 15, Page 4 ofi Record of Surveys, in the Office of the County
Recorder of said County; thence South 0° 14' 45~~ East 165•~~ along
the 5ou[herly ex[ension of and the East line of the t+o:thwest
quar[er of the Northwest quarter of the Southcast quarter cf said
section 22; thence South E9°55' 3~" west 660.77 feet to ihe safd
West line of the Sautheast Guarter of sec[ton 22; thence fJorth 0`''
14' 30" West 165.00 fect to the point of beginning. Except the
North 75.OC feet thereof.
b1HEREAS, the Ci[y Planning Commission did
Hali in the Lity of Ananeim on June 4, i975, at 1:30
hearing having heen duly given as required by
provisions of the Anaheim Municlpal Code, Lhapter
evidence for and against said proposed variance and
a~d recortunendations In connection therewith; and
,old a pu5lic hearing at [he City
p.r., notice o` said publlc
IAY! ar.d in accordance with •the
18.C3, to hear and constder
to investigate and make flndings
WHEREAS, said Commisston, after due inspection, investtgation and study made
by itself and i~ its behalf, and after due consideration of a11 evidence and reports
offered at said h~aring, does find and detcrmine the following facts:
1. That the petitioner proposes a tivaiver of the following to construct a
restaurant:
SECTI01~ 18.06.C60.0231 - Minimum number of arkin s aces.
0 spaces required;
39 spaces proposed)
2. That the above mentioned r~aiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that denial would deprive subject
rc79-i~3
( ~,
proaerty of a privilege being enJoyed by other properties in the same zone and
vicinity, and that the surrounding area conststs of commerclal-recreational
establishments where many customcrs and pa[rons use a transportatlon me~ns other than
private automobile.
3. That there are exceptional or er.traordinary circumstances or conditions
applieable to thc property i~volved or to [he intended usc of the proper*_y that do
not apply generally to the rro~er[y or class of use in thr sane vicini[y and zone.
4. ThaL the requested variance is necessary for th~ preservation and
enjoy~ent of a substantial propcrty rigfit possessed by oihcr property in the same
vicinity and zone, and dented to thc property in qucstion.
5. That [hc requested variancc ~~~ill not be natcrially detrimental to the
public oielfare or injurious to the property or inprovenents in such vicinity and zone
in uihich tt~c property is locatcrl.
G. That no one indicated their presence at said public hearing in
opposition; and that no correspondence rras received in opposiLion to thc subject
pe[iLion.
EtIVIRONPIE~lTAL IHPALT FINDING: That the Anaheim Ci[y Planning Comnission has
reviewed the proposal to construct a res[aurant with a~•+aiver of mtnimum number of
parking spaces on a rectangularly-shaped parcel of land consisting of approximately
0.6 acre, having a fronta9e of approximately ~0 feet on the east side of liarbor
BoulevarJ, having a maxinum depth of approximately 300 fcet, being located
approximately 51i0 fee[ north of Che cent.erlinc of Freednan Nay; and does hereby
approve the Negative Declartition from thc requirement Co prepare an environr~ental
impacL report on the basis :ha[ ;here ~roulJ be no significant individual or
cumulative adverse environmental impact due to the approval of thJs Negative
Declaration since the Anaheim Ceneral Plan designates the subJect property for
cor,mercial recreational land uses connensurate wlth tfie pro~osal; [hat no sensitive
environnenial impacts arc invotved in the proposal; that [he Ini[tal Study submitted
by the petitioner indicates no signiflcant Individual or cunulative adverse
environmental impacts; a~d that [he ~legattve Declaration subs[an[iating the foregoing
findTngs is on file in the City of Anahcim Planning Departmen[.
tJOW~ T4ERFfORE, EE IT RESOIVED that thc Anaheim City Planning Lommission
does herehy grant subject Petition for Varlance, upon the follor~ing conditions which
are hereby found to be a necessary prerequtsite to the proposed use of the subject
propcrty in orde~ to preserve the safety and general orelfare of the Citizens of the
City of Anaheim:
1. Thac street lighting facilities along Harbor /3oulevard shall be
installed as required by the Director of Public Utilities, and in accordance with
specificattons on file in the Office of the Director of Public Utiltties; and/or that
a bond~ certiftcate of depostt, letter of credit. or cash, In an anount and form
satisfactory to thc Ctty of Anahein shall be posted with the City to guarantee the
installation of the above-mentioned requirements prior to occupa~cy.
2. That trash storage areas shwll be provided in accordance with approved
plans on file wiCh the Office of the Director of Public I~lorics.
-2- PC7?-113
3. That the owner(s) of subject property shall pay the Lrafflc signa)
assessment fee (Ordinance No. 3896) in an amount as deternined by the City Council,
for commercial buildings prior to the tssuance of a building permit.
4. That the proposed restaurant shall comply ~•~i[h all signing requirements
of the C-R Zone.
5. That subject property shall be developed substantfally in accordance
with plans and specifications on file with the City of Anahein marked Exhibit t~o. 1.
b. That Condition ~~as. i, 2 and 5, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED tha[ the Anaheim City Planning Commission does hereby
find and determtne that adoption of ~his Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any par; thereof, be declared invalld or unenforceable
by thr final jud9nent of any court of competen[ jurisdicCion, then Chis Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION ts signed anA approved by m s 4th day of June,
1979.
CHAI .I~LAq, AHA1 T Lr+~7r NG CO'1t1f5510~!
ATTEST:
~Q,~- . • ~"~'
SECRETARY. A!IAHEIM CITY P ANflIilf C011."ISS10'I
STATE OF CALIFORtlIA )
COUNTY OF ORA~iGE ) ss.
ClTY OF At~F~t!EIM )
I, Edith L. Harris. Secre[ary of the Anaheim Clty Planning C«mission, do
hereby certify that the foregoing resoluiion was passed and adopted at a meetina of
the Anaheim City Planning Cortmtssion held on June 4, 1979, by che following vote of
[he members [hereof:
AYES: LOf4>115510t~ER5: BARNES, BUSNORE. DAVID, HERBST, JOt1CISON, KING~ TOLAR
NOES: COM'115510t1ER5: NO~~E
ADSEIJT: C011'115SIOtIERS: NOPIE
Itl WITME55 WFIE4EOFp t have hereunto set my hand this 4th day of Junc. 1974.
~e.~.~~. x~ ~la.~,~.~,
SECRETARY, A~~AFIEIN CITY PLAtINItIG COt1!115SION
-3- PC79-113