PC 83-80RESOLUTION NO. PC83-8G
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT P10. 2417 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permi't from SANTA ANA CANYON ASSOCIATES, 363
San/Miguel, Newport Beach, California 92660, owner, and JOSEPH L. & ETHEL
FERNANDEZ, 13091 Charloma Drive, Tustin, California 92680, agents of certain
real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE FOliLOWING DESCRIBED LAND OW14ED BY GRANTOR:
PARC~L 3, IN THE CITY OF ANAH~IM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS pER MAP FILED IN BOOK 100, PAGES 17 AND 18 OF
PARCEL MAPS~ IN THE OFPICE OF THE COUNTY RECORDER OF SAID
COUNTY~ AS ADJUSTED AND SHOWN AS PARCEL 2 ON A LOT LINE
ADJUSTMENT PLAT, RECORDED FEBRUARY 6~ 1979 IN BOOK 13026 PAGE
1493, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 18, 1983, 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 Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connectior.
therewith; and
W&EREAS, said Commission, after due inspection, investiqation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18. 44.050.010 &
18.Ou.080 to wit: to per.mit on-sale beer and wine in a proposed sandwich shop
with waiver of:
SECTIONS 18.06.050.0231 - D;inimum number of parkin spaces
AND 18.44.066.050 (392 spaces required; 367 spaces existing)
2. That the requested waiver is herebp denied on the basis that the
petitioner stipulated to re-striping the parking lot to provide the required
number of parking spaces, as required by Code.
3. That the proposed use, as granted, will not adversely affect the
adjoining land uses and the g•rowth and development of the area in which it is
proposed to be located.
4. That the size and shape of the site proposed for the use, as
granted, is adequate to allow the full development of the proposed use in a
manner not ~etrimentai to the particular area nor to the peace, heal:h, safety
and general welfare of the Citizens of the City of Anaheim.
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5. That the grant-ing of the Conditional Use Permit under the
conditions imposed, if any, wi11 not be d~~trimenta:. to the peace, hea1L-h,
safety and general welfare of the Citizens of the City of Anaheim.
o. That the traEfic ger,erated by the proposed use, as yranted, will
not impose an ~ndue burden upon the streets and highways designed and improved
to carry the traffic in the area.
7. That two persons indicate~ their presence at said putlic hearing
in opposit-ion; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMFACT FINDI[dG: That the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale beer and wine in a
proposed sandwich shop with waiver of Tinimum number of parking spaces on an
irregularly-shaped parcel of land consisting of approximately 6.5 acLes
located south and west of the southwest corner of La Palma Avenue and Imperial
Highway, and further described a: 5642 East La Palma Avenue ~105; and does
her-~by approve the N~gative Dec].aration from the requirement to prepare an
environmental impact report on the basis that khere would be no significant
individual or cumulative adversr~ environmental impact due to the approval of
this Negativ~a Declaration since the Anaheim General Plan designates the
subject property f.or general commercial land uses commensurates with the
proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declaration sul~stantiating the foregoing findings is on file in
the City of Anaheim Planniny DeparL•me~it.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to L•he proposed use of the subject property in order to preserve the safety
and general ~relfare of the Citizens cf the City of Anaheim:
1. The:t subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2, provided, however, that the existing parking
lc~t shall be re-striped for a total of 392 spaces, as required by
Code. The design and improvement of said parking lot shall be
subject to the review and approval by the City Traffic Engineer.
2. Tnat Condition No. 1, above-mentioned, shall be complied with prior
to approval of an ABC license for on-sale beer and wine and/or final
4uildinq and zoning inspections, whichPVe: occurs first.
BE IT I~URTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resoliition is expressly
predicated upo~i applican~'s compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared inva].id or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null ai~d void.
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~ THE FOREGOING Rc^SOLUTION is signed and approved by me this 18th day
, of April, 1983.
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CHAIRMAN, ANAHEIM CITY PLANNI COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFURNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the P.naheim City Planning
Commission, do hereby cerEify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 18,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, PFcY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of
April, 1983.
C~.~L! a'-~ ,~ ~q~c . '
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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