PC 76-89~ ~
RESOlUTION N0. PC76-~4
A RESQLl1T i QN OF TFIE ANAHE I11 C ITY PLAIdN ! tIG C~t1M I SS I ON
TfiA7 PETITION FOR COtlDITIONAL USE PERMIT N0. 161~! QE r,RANTED, IPI PART.
WHEREAS, the Anahein Lity Planning Commission did receive a verified
Petition for Londitional Use Permit from CARLOS H. A.LVAREZ, 131 S. C,lassell Street,
Oranye, Callfornia 92666 (Owner); CARL F. HELM, 20(11 5. Haster Street, Apartment 1~D,
Anaheim, Lalifornia 92802 and DEb1EY E. TH011A5, ?.F67 Amherst Avenue, Fullerton,
California .92631 (Agents) of certain real property situated in the City of Anaheim,
County of Orange, State of Catifornia descrihed as:
All that certain land described as heing a portion of the east half of the south
half of Lot 14 in 81ock "K" of the Kraemer Tract in the City of Anaheim, County
of Orange, State of California, as shown on a map retorded in Book 12, Pages 37
and 88 of Miscellaneous Records of Los Angeles County, said l~nd also being all
of Parcel 1 as per map recorded in Book 3$, Page 21 of Parcel Maps, records of
said Orange County and more particularly descri6ed as follo~as:
~eginning at the southeast corner of said Parcel i; thence along the south line
of said Parcel 1, South 73° 39' 11" West 19~t.20 feet; thence North 15° 21' ~7"
WesC, 296.00 feet; thence South 73° 39~ 11" West, 180.0~ feet; thence North
16° 71' 07" West, 181.40 feet to a point on a tangent curve concave southeasterly
having a radius of 25.00 feet; thence northeasterly along said curve throu9h a
central angle of 9n° oo~ 1R" an arc disr,ance of 39.?.7 feet to a point on a
tangent line; thence along said tangent line North 73° 39' 11" East 324.20 feet
to a point on a tangent curve concave southriesterly having a radius of 25.~~
feet; thence southeasterly along said curve through a central angle of A9° 5~'
40", an arc distance of 39.27 feet to a point on a tangent line; thence along
said tange~t line South 16° 21' 09" East 477.41 feet to the point of beginning.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Ilall in the City of Anaheim on May 1Q, 1976, at 1:3Q p.m., notice of said public
hearing having been duly given as required by la~a and in accordance with the
pr~visions of the Anaheim Municipal Code, Ghapter lfi.(13, to hear and consider
evidence for and against said pr~posed conditional use and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investig~tion and study macle
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, does find and determine the following facts:
1, That the proposad use is properly one for which a conditional use
permit is authorized by Code Section 16,61.f15Q.39~, to wit: permit ~ restaurant with
on-sale beer and wine in the ML (INDIISTRIAL~ LINITED) ZONE, with waiver of:
SECTION 18.01.19Q - Minimum kitchen area. (25~ of flo~r area required;
1 „5$ oroposed
2, That the above-mentioned conditional use is granted to r.stablish a
sandwich shop with seatin9 for a maximum of twenty (20) persons, as stipulated to hy
the petitloner.
3. That the above-mentioned waiver is hereby granted on the basis that the
petitioner withdrew the proposal for a restaurant with on-sale beer and wine at the
subject location and stipulated that the operation ~oould he a sand;•~ich shop only.
4. That the petitioner stipulated that the hours of operation will be from
10:00 a.m. to 6:OQ p.m.
5. That the proposed use, as granted, rrtll not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to b~e locaterl.
G. That the size and shape of the site proposed for the use, as gr~ntecl,
is adequate to allow the full development of the proposed use in a manner not
detrimental to Che particular area nor to the peace, health, safety, and c~eneral
welfare of the Citizens of tha City of Anahetm,
RESOLUTION N0. PG7F-g9
~ ~
7. That the Conditional Use Permit. as granted~ and under the conditions
imposed, will not be detrimental to the peace, heaith. safety and general welfare of
the Citizens of the Ctty of Anaheim.
8. Tha~ three persons appeared at said public hearing in opoosition; and a
petition, signed by approximately twelve property owners and/or business proprietors
in the area, was presented in opposition to tha subJect petition.
ENVIROt~MENTAL IMPACT RF.PORT FIHDIIdG:
That the Director of the Planntng Department has determined that the
proposed activity falis within the definition of Section 3.~1, Class 1, of the City
of Anaheim Guidelines to the Requirements for an Environmentai Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
Nf1N, THEREFORE. BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, +n part, sub)ect Petition for Conditfonal Use Permit, upon the
following conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subJect property in order Co preserve the safety and general
welfare of the Citizens of the City of Anaheim:
1, That Lhis conditional use permit is granted for a sandwich shop oniy.
2, That subJect proper;y shall be developed substantially in accordance
with plans and spacifications on file with the City of An~heim marked Exh!bit Nos. 1
and 2; provided~ however, that the sit-down facllittes shall constst of a maximum of
twenty (20) seats, as stipulated to by the petittoner~ and plans indicating said
reduction in seating area shall be submitted to the Planning Uepartment for approval
prior to commentement of the activity authorized under this resolution.
3, That the hours of operation shall be from 1~:00 a.m. to f,:00 p.m., as
stipula2ed to by the petitioner.
'fHE FOREf,01NG RESOLIITION is signed and approved hy me this 10th day of
May, 1?7~.
f / j ,~
~ MAN P RE /
~ ANAHE114 CITY PLA~~NINr, CONMISSIO~I
ATTEST:
~ sr~~ r, r~ n J ~ ~ =' c ? 2 ' ~ ' ~
SECRETARY, ANAIEIH CITY PLAN~IINf COMHISSIO~~
STATE OF CALIFORNIA )
COUqTY AF ORANGE )ss.
C i TY OF ANAHE I t1 )
I. Patricia B. Scanlan, Secretary of the City Planning Commission of the
City of Anaheim, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the City Planning Commission of the City of Anaheim~ held on
Nay 1~, t97b. at 1:3~ P.m., by the following vote of the members thereof:
AYES: COMMISSIOIJERS: OARNES, JOHPISON, K1N~~ MORLEY, TOLAR, HERRST
NOES: COI1MISSIGNERS: P70NE
ABSE~~T: CO`1M I SS I ONERS: FARANO
(N WITNESS WHEREOF, I have hereunto set my hand this SO th day nf May~ ~q7F.
lul2 t~cJ2~~ ~LCL>t~CGrr~
SECRETARY, APIAHE IM C ITY PLl1~lN I ~IG C~MM I SS I ON
-2- RESOLUTION N0. PC7E~-8Q