PC 80-200RESOLUTIOt! N0, PC80-200
A RESOLUTION OF THE ANAHEIN CITY PLAN~IIPlf, COH'~IS510~-
THAT PETITION FOR CONDITIO~IAL USE PERN~T N0. 213li BE GRANTEO
WFIEREAS, the Anahein City Plannirtg Commission did recetve a verlfted
Petition for Conditional Use Permit frdn EQUITEC 7? REAL ESTATE INVESTORS, 3732 rto~nt
~lahlo Boulevard. Lafayette, California~ 94549, owner~ and MARKO E. BOTICH, 1426 East
Katella Avenue. AnaheTm~ California 92805. agent~ of ccrtain real property sttuated
in the City of Anaheim~ County of Orange~ State of California, described as:
THAT PORTION OF TNE NORTHEAST QUARTER OF SECTION 26, T01RlSHIP 4
SOUTN~ RANGE 10 WEST 1~! TNE RAIICHO SAN JUAN CAJON DE SANTA A~1A~ q$
SH01R1 ON A HAP RECORDED IN BOf1Y. 51, PAGE 10 OF MISCELLANEOUS MAPS~
RECORDS OF ORANGE COUNTY. CALIFORNIA~ DESCRIBED AS FOLL011S;
PARCEL 1. AS SH011N ON A MAP RECORDED 111 BOOK 81~ PAGE 32 OF PARCEL
MAPS IN THE OFFICE OF T!!E COl1NTY RECO4DER OF SAID OPJ~tIGE CbUHTY.
MHEREAS, [he City Plannina Commissi~v, did h~~.~ a~-.~{t ht~tinq at ih8 Ctvtt
Center in the City of Anaheim on Novembcr 17~ 1~80~ at 1:30 p.m „ notice of satd
publlc hearing having been duly given as required by law anA in accordance with the
provistons of the Anahetm Hunictpal Code~ Chaptcr 18.03. to f;ar and tonslder
evldence for and agatnst satd proposed conditiortai use pe rn+it and to tnvestT4ate and
make findings and reconniendations in connection thei~rrrith; and J
WHEREAS, satd Cortmission~ after duc lnspection~ Investtgation and study made
by ltself and in its bc;half, and after due conslderation of alt evtdence and ~eports
offcred at said hearfng, does find and deter•mtne ths following facts:
1. That thr_ proposed use is properly one fo- which a conditional use
pernit is autho~ized by Anaheim Muntcipal tode Section i"•.61.~50.3°~ te wit: to
permit the expanston ~f a semi~•enclosed sandwic!, shoo and to permlt on-sale beer and
~:ine.
2. TF,at the prooosed use is hercby granted subJect to the petitioner's
stipulation that the hours of optration will typically be fr~n 7:OQ a.m, to 7:00
p.m,. Monday through FrTday.
3. That the proposed use wfll not adversely affect the adjolning land uses
and the grorrth and development of the area in which it Is pr~posed to be located.
4. That the stze and shape of the stte procwsed fo~ the use is adequace to
aliow the full development of thc proposed usc in a rtranner rtot datrl+nental to the
particular area nor to Lhe pcac-, hcalth. safcty. and gcneral riclfare of the Cit(zens
of the City of AnahcTm.
5. Thoi the granttng of the Conditional Use Fernit under the conditio~s
imposed, if any. rrI11 not be detrlnentsl to the pesee, heaith~ safcty and generai
welfare of the Cittzcns of the City of Anaheim,
PC8Q-200
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6. Tiiat the traffic generated b~ the proposed use will not impose an undue
burden upon che streets and highways deslgned and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
oppositton; and that no correspondence was received in opposition to the subject
petition.
ENVIROtB'tEPITRL IHPACt flNQttlG: That che Anaheim Ctiy Planning Commission has
revieMed the p~oposal to perm t the expansion of a semi-enclosed sandwich shop and to
permi[ on-sale beer and wine on a rectangularly-shaped parcel af land conslsting of
approximately 11,8 acres~ having a frontage of aoproximately 1022 feet on the south
side of Katella Avenuc~ having a maximum depth of approximately 507 feet, and being
located approximately 6G0 feet west of the centerline of State Lollege Boulevard; and
does hereby approve the Nega[ivc Declaration fran the requirement to prepare an
environmenta) impact report on the basis that there would be no significant
lndividual or cumulative adverye environmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan deslgnates the subject property
for gene~al industrtal land uses ccxm.~ensurate with the ptoposal; that no sensitive
envirorxnental impacts a~e involved in the oroposal; that the liltial Study submitted
by the petitfoner indicates no significant individual or cumulative adverse
envlronmenE3~ ~~ets; a~ that L!sc !legattve QeciaraEian ~ubstantiating the foregoing
findings is on ffle in thc City of Anaheim Planning Oepartment.
NOU~ TNEREFORE. BE IT RESOLVED that the Anaheim Lity Planntng Commission
does hereby grant subjcct Petttion for Conditional Use Permit, upon the following
conditions ~rfiich are hereby found to be a necessary pre~equisite to the proposed use
of the subject p~operty In ordcr to preserve thc safety and general welfare of the
Cltizens of the City of Anaheim:
1. That sub,ject propG~ty shall he devPtoped suhsLnnfially 2rt accardance
Mith plans and specificatTens on fiie wTth the City of Anaheim marked Exhibit Nos. 1
and 2.
BE IT FURTNER RESOLVED that the llnaheim City Planning Commission does hereby
find and determine that thc adoption of this Resolution is expressly predicated upon
applicant's coaipliance with each and all of the conditions hereinabove set forth.
Sho~ ~ any condition or any parc [hereof, be declared invaltd or unenforceable by the
fin:.l Judgnent of any court of competent JurisdTction, then thls Resolution~ and any
approvais herein contained, shail be deemed null and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day of
Novcmber. 1980,
ii <1` ~ ~ 7
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GHAIRHfIN P'RO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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-2- PC80-200
:r.,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission~ do
h~reby certify that thc foregoi~g resolution was passed and adopted at a meeting ~f
the Anaheim City Planning Commission held on November 17, 1980, at 1:3o p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONER5: BARNES~ QOUAS, BUSHORE, KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FRY, HERBST~ TOLAR
IN WITNESS WHEREOF, 1 have hereunto set my hand this 17th day of November, 1980.
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SECRETARY, ANAHEIM CITY PLAPJNID~G COMMISSIOPI
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