Resolution-PC 98-120RF_SOLUTION NO. PC98-120
A RESOLUTIOtv OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4045 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for c~rtain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF LOT LINE ADJUSTMENT NO. 396, IN THE CITY OF
ANAhiEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED
FEBRUARY 23, 1998 AS INSTRUMENT NO. 98-0098747, OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the C~ty oi .Maheim on August 3, 1998 at 1:30 p.m., notice of said public hearing having been duly given
as required i~y law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to he2r and consider evidence for and against said proposed conditional use permit and to investigate and
make findings anci recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of ali 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 13.03.030.010 to permit an outdoor portabie food service use (hot dog
caR) in conjunction with a retail store (Home Depot).
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare because the property is large enough to contain the use without adversely
affecting adjoining land uses; and that the proposed use will be screened from the public's view while
traveling on Brookhurst Street and Gramercy Avenue; and, further, that there ~vil~ be no separate
advertising for the food service and there will be no other food service located on this property.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and liighways designed and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, wili not be
detrimental to the peace, health, safety and general welfare of the citizens of the Cily of Anaheim.
6. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 11, as defined in the State Environmental Impact Report (EIR) Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
CR3380PL.DOC -1- PC9£3-120
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 tu the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the Ciry of Anaheim:
1. That this use permit shall expire five (5) years from the date of this resolution, on August 3, 2003.
2. That only one (1) hot dog cart shall be permitted and that no accessory equipment, dispiays or
freestanding accessories shall be permitted in conjunction with this approvai.
3. That no signs advertisinc~ this food service, other than signs affixed io the cart, shall be permitted.
4. That subject property shail be developed substantially in accordance with the plan and
specifications submitted to the City of Anaheim by the petitioner and which plan is on file with the
Planning Department marked Exhibit No. 1, and as conditioned herein.
5. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not inciude any action or findings as to compliance or approval
of the request regarding any other applfcable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Shouid any such ondition, or any part thereof,
be declared invalid or unenforceable by the finai judgment of any court of c~mpetent jurisdiction, then this
Resolution, and any approvals herein contained, shall be de,eme¢~toil and oid.
THE FOREGOING RESOLUTION was a op ed e P ing Commission meeting of
August 3, 1998. , /
~nHircmHN,~r~At°telM CITY PLANNING
AlTEST:
SECRETARY, HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing rssolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 3, 1998, by the followin~ vote of lhe members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTCL, NAPOLES, PERA7~,
~lOES: COMMISSIONERS:NONE
ABSENT: COMMISSION~RS:WILLIAMS
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have {iereunto set my hand lhis ~~~ day of ~~l,l~~ ,
1998. --~--
_~c~at~~ ~r-~;~
StGKt ~ARY, ~AHEIM CITY PLANNING COMMISSION
-2- PC98-120