PC 76-231~ ~
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RESOLUTIQN N0. PC76-231
A RESOLUTIOPJ OF TIiE ANAHEIM CITY PLAIdNING C014t115S10P!
THAT PETITION FOR CONDITIONAL USE PER111T N0. 1665 BE GRAP~TED.
WNEREAS, the Anahelm City Planning Commisslon dtd receive a verified Petition
for Conditional Use Permit from DUNP! PRQPERTIES CORP., 28 Brookhollow ~rive, Santa Ana,
Californla 92707. (Owner); MARTIN P. LOEIJ/CARNAN P. SFERRA7.ZA, ~~tQ tJ. Orangethorpe
Avenue, Fuilerton, Californ.ia g7632 (Agents) of certain real property situated in the
Clty of Anaheim, County of Orange, 5*,ate of California described as:
PARCEL A:
THAT PORTIOF! OF PARCEL ?9 IN T'HE CITY OF A~JAHEIM, COUPITY OF ORAIIGE, STATE OF
G^LlFORPlIA, AS SH01JN Otl A t1AP FILED 1~7 R001: 71 PACES 11 TO 17 IP7f.LUSIVE OF PAP.CF.L
MAPS IN TNE OFFICE OF THf: CQUWTY RECORDF.R OF SAID COUMTY, LYIPIG f,F.NERALLY SOUTNf:RLY
OF THE FOLLOIJING DESCRIDED LIPIF:
BEGINPIItIG AT THE t105T SQUTNERLY SQIITIiWESTERLY CORPIER OF SAIp PR-KL`EL 3~, THEt~CE
SOUTII 00° 14' 36" EAST, 15.21 FEFT; 7HENCE SOUTH 51° 34' 3~" EAST li34.P~ FEFT;
TIIEtICE PlORTI{ 3g° 25' 24" EAST 90.91 FEET; TIiENCE NORTN 89° hS' 2~~" EAST 14.0~ FEET;
THENCE NORTH 38° 26' 2q" EAST, 244.$2 FEET; THEtJCE MORTH 8g° 45' 74" EAST 245.34
FEET TO A PO R~T ON THE FAST Ltt~E OF SAID PARCFL 29 TNAT IS SOU711 OA° 14' 3h" EAST
7~:.5Q FEET FROM THE tJQRTHERLY TERIIIPIUS OF THAT CERTAIN COIIRSE I~J THE EASTFRLY
BOUNDARY 0~ SAID PARCEL 29 SHOWhI AS NORTH 00° 14' 36" WEST 7.Oi1.7F FEET,
WHEREAS, the City Planning Commission did hold a puhlic hearing at th~ City
Hall in 'the City of Anaheim on ~~ovember'(i, 197(, at 1:3~ P•m., notice of satd puhlic•
hearing havtn9 been duly 91ven as required by law and in accordance with the provisions
of the Anaheim Ffuniciral Cade, Chapter 18.03, to hear and consider evi~lence for and
against said proposed conditional use and to lnvestigate and make findings and
recommendations in connection therewith; and
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WfIEREAS, said Commission, after due inspection, investi9ation and study made
by itself and in its behalf, and after due consideration of all evi~lence and reports
offered at said hearing, does find and determine the following facts: ,
1, That tiie proposed use fs properly one for which a condittonal use permtt
is authorized by Sectlon 18,61.05~.39~, ta wit: sandwich shop fn the ML (INDUSTRIAL,
LIMITED) ZONE.
2. That the proposed "restaurant" use 1s herehy granted on the hasis that
simtlar requests.have been previo.usly 9ranted for restaurants wtth sit-down and take-
out facilities in industrtal ' comnlexes where the use was primarily to serve the
industrial tenants; and, furthermore, the petttloner stipulated to complying oiith the
requirement that a minimum of 25~ of Che total floor area he designated for food
preparatlon area.
3, That the petitioner indicated that the hours of operation will typically
be between 8:00 a.m, and 5:00 p.m.
4, That the petltloner stipu.lated to providing seatin9 for a maximum of
twelve (12) customers Inside the proposed restaurant.
5. . That the Planning Commisslon does hereby determine that a plan or exhtbit
(ndicating the parking space asslgnments for the existing and proposed uses on subJect
property shall be submitted by the petitioner; and that sald plan or exhihit shall
include a written commitment from the property o~mer for fourteen (11i) parking spaces
baing reserved for the proposed re~*aurant use as required by Code; and that said
information shall 6c submitted for °lanning liepartment approval prior to the issuance
of a_building permit.
6. That the proposed use will not adversely affect the adioining land uses
and the growth and development of the area in which it is proposed to be loc;tAd.
7, That the size and shape of the site proposed fo.r the use is adequate to
allow the full development of the proposed usa in a manner not detrimental to the
particular area nor to the peace, health, saf~ty, and r,.e^eral welf:~re of the Citizens
of the'City of Anahelm,
RESOLUTfON N0. PC76-231
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8. That the granting • of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to tlie peace, health, safety and general
welfare of the Citlzens of the City of Anaheim.
~ 9. That no one ~in<ifcated their presence at said public hearing in
opposition; and that no correspondence was recetved in opposition to suhJect petitton.
EtJVIRONt4EIdTAL IMPACT REPORT ~iND-NG: That the Dlrector of the Planning
Dep~rtment has determined that the proposed activity falls a~lthin the definition of
Section 3.01, Class 1, of the City of Anaheim Guide.lin~s to the Requirements,for an
Environmental Imryact Report .and is, therefore, categoricaliy exempt from the~
requirement to flle,an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subJect Petition for Conditlonal l)se Permlt, upon the following conditions
which are hereby found t4 be a necessary prerequisite to the proposed use of the
subJect property in order to preserve the safety and general +•~elfare of the Citizens of
the City of Anaheim:
1. That ~trash storage areas shall be ~rovided in accordance with~approved'plans
on file with the Office of the Director of Pu~16c Works.
2. That subJect property shall be developed substantially in accordance with
plans and =.peciflcattons on file with the City of Anaheim marked Exhibit Nos. t
through 4,
3. That Condition Nos. 1 and 2, ahove-mentloned, shall be comrlied ~olth prior to
final building and zoning'tnspections.
!t. That a minimum of 25~ of the total floor area shall b~ ~esignated for foo~
preparatiun area, as stipulated to by•the petitioner.
5. That seating for a maximum of twelve (12) customers shall be provided inside
the proposed restaurant, as sttpulated to by the petitioner.
6. That the petitloner shail submit a ~lan or exhtbit indicatin9 the parking
space assignments for the existing and proposed uses on subJect rroperty, said plan
or exhibit to include a wrltten commitment from the pro~erty owner for fourteen
(14) parking spaces being reserved for the proposed restaurant use; and that said
informatton shall be submitted for Planning Department approval prior to the
issuance of a building permit.
THE FOREGOING RESOLIITIUN is signed and approved me this ~th day of
November, 1976. '
CHA I Rt1AN, ANAH • C I TY PLANN I Hf; CQI4M I 55 I c11J
ATTEST: ~
V ( . , ,J ~-GtiGt~
SECRET~RY, ANAHEI 4 C- I~TI -PLANt11Nf, COMt115510PJ
STATE OF CALIFQRNIA )
COUNTY OF ORANGE )ss. ~
CITY OF ANAHEIM )
I, Patricta B. Scanlan, Secretary of the Anahefm City Planning Commission, do
h.ereby certify that the foregoing resolution was passed and adopted et a mr.eting of the
Anaheim City Planning Commisslon, held on November B, 1~76, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COt1111SSI0PIERS: BARNES, NERBST, MORLEY, JOH1450N
t~OES: COMMiSSiONERS: FARA~IQ
ABSENT: COMMISSIONERS: KINr,, TOLAR
197b.
IN WITNESS WIiEREOF, I have hereun*.o set my hand this 8th day of t~ovemhcr
11u~~~~ .
SECRETARY, ANAHEIM CITY PLANNING C011MISSIOtI
-2- RESnLUTION PIO. Pc76-231