PC 83-90/'"'
RESOLUTION IvO. PC83-90
A ZESOLUT-ON OF THE APIAHEIM CITY PLANNING COt4hSISSION
THAT PETITION FOR COND:TIO[dAL USE PERMIT P70. 2437 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did ~eceive a verified
Petition for Conditional Use Permit from DALE E. AND SARAH ANN FOWLER, 3178
East La Palma Avenue, Anaheim, California 92806, owners, and LEON H. BARVIN,
10242 Camden Circle, Villa Park, California 92667, agent of certain real
property situated in the City of Ana!~eim, County of Orange, State of
California, described ~s:
THAT PORTION OF LOT 2U Z: BLOCK K OF THE KRAEMEP. TRACT, CITY
OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES d7
AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIEORNIA~ DESCRIBED AS FOLLOWS:
PARCEL N0. 2 AS SHOWN ON A MAP FILED Ii1 BOOK 55, PAGE 47 OF
PARCEL MAPS IN THE OFFZCE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission Zid i983a at 1u301 P.mearnotice
the Civic Center in the City of Anaheim on May .
of said public hearing having been duly given as requi~ed 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 pcopcsed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its b~~half, and •~ftec due consideration of all
e;tid^nce and renorts offered at said hearingr 6ues find and determine the
f~llo~+ing facts:
1. That the proposed use is properly one for which a conditiona2
use permit is authorized by Anaheim Municipal Code Section 18.61.050.611 to
wit: to permit a sandwich shop in the ML (Industrial, Limited) Zone with
waiver of:
SECTIONS 18.06.050.0231, - Minimum number of parking spaces
18.06.080 AND 18.61.066.050 (300 s ap ces required; 268 scaces
existing)
2. That the requested waiver is hereby granted on the basis `hat
the packing voriance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses; and that the
granting of the parking variance under th~ conditions imposed, if any, will
not be detrimental to the peace, health, ,afety or general welfare of the
citizens of the City of Anaheim.
3. That the proposed use will not advecsely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
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4. That the size and yhape of thP site proposed for ~he use is
adeguate to alJow the full development of the proposed use in a manner not
dettimental to r_he particular area nor to the peace, health, safety and
gPneral welEare of the Citizens of ttie City of Anaheim.
5. That the granting of the Conditional Use Permit undar the
conditions imposed, if any, ~ill not be detrimenta]. to the peace, ~iealth,
safety and general welfare oE the Citizens of the City of Anaheim.
6- That the traffic generated by the pruposed use will no~ impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
sub;ect petition.
ENVZRONME[JTAL IMFACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a sandwich shop in the ML
(Industrial, Limited) Zone with waivec of minimum number of parking spaces
located on a rectangularly-shaped parcel of land conaisting of approximately
5.1 acres located at the southwest corner of La Palma Avenue and Shepard
Stre~t and further described as 3292 East La Palma Avenue; and does hereby
approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of
this t~egative Declaration ~inc~ the Anaheim General Plan designates the
snbject oroperty for general industrial land uses commensurates with the
proposal; that no sensitive environmental impacts are invo.lved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negativ~ Declaration substantiatinq the Eoreaoinn finding~ z
the Cily of Anaheim Planning Department. ~ ~n £ile in
NOW, THEREr~ORE, BE IT RESOLVED that the Anaheim City Planning
Conmission does tereby grant subject Petition for Conditional Use :ermit, upon
the following conditions which are hereby found to be a necessary prerequisite
tc the proposed use of the subject property in crder to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That s:dewalks shall be installed along La Palma Avenue ~:nd Shepard
Street as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of the City
Engineer.
2. That subject property shall be developed substantially in accordance
with olans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
3. That prior to final building and zoning inspections, Conditioa No~. 1
and 2, above-mentione~, shall be complied with.
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BE IT FJRTHER RESOLVGD that the Anaheim City Planning Commission does
heL,~by find and determine that adoption of this Resolution is expressly
preaicated upon applicant's compliance with each and all of the conditions
hereiiabove set forth. Fhould any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and ~oproved by me this 2nd day of
May, 1983.
iC~ l
CH AN, ANAHEIM CITY PLANNI COMMISSION
ATTES~ • ~
SECRETARY~ ANAHEIM C1TY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on t9ay 2,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIqNERS: NONE
IN WITNESS 47HEREOF, I have hereunto set my Y,and this 2nd day of May,
1983.
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S~CRETr1Ry, ANAHEIM CITY PLAPINING COMMISSION
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