PC 78-151RESOLUTlON N0. P~78'151
A RESOLUTION Of THE ANAHEIM GITY PLANNiNf, COMMISSION
THAT PETiT10N FOR CONDITlONAL USE PERMIT H0. 1852 ~c GRANTE~
VlHEREAS~ the Anahelm City Planning Cammisslon did recelvc a verifled
Petltlon for Conditional Use Permlt from RICHARD L. HUtISAKER~ P. 0. Box 2423, Santa
Ana~ California. 92707, owner, and GAIL C. ~10RIQ1AN AND ANGELINE HOftNER~ 114 43rd
Street, Newport Beach, California 92665, agen[s, of ce~tain rcal property si[uated 1~
the City of Anaheim, County of Orange, Statc of California, described as:
PARCEL 3 IN THE CITY OF ANAHEIM. COUt~TY OF ORANGE. STATE OF
CALIFORNIA, AS SH01lN OtJ A PARCEL MAP FILED IN BOOK 113 PAGES 41
AND 42 QF PARCEL MIIPS, iN TNE OFFIGE Of THE COU~ITY RECORDER OF
SAIO COUNTY.
WHEREAS~ [he City Planning Commission did hold a public hearing at the City
Hall ln the City of Anaheim on July 3. 1°78, at 1:30 p.m., notTce of said publlc
hearing having been duly given as requlred by law and in accordance Nith the
provisions of the Anahetm Municipal Code, Chapter 18.03, to hear and consider
evidence for and agatnst satd proposed conditional use and to inves[igate and make
fTndings and recomr,~ndations Tn connection thereHi[h; and
NHEREAS, satd Commission, after due inspection, lnvestigation a~d study made
bY Ttself and !n its behalf~ and after due conslderatlon of all evidcnce and reports
offered at said heartng, does fTnd and determine the following facts:
1. That the proposed use ls one for which a conditlonal use permTt is
authorized by Anaheim Municipat Code Section 18.61.050.39o to wlt: tn permiL a
sandwtch shop with on-sale beer and wine.
2. That thc petitioncr indicated the hours of cperatton w-11 bc 8:60
o~cfock a.m. to 3:66 o'ciock p.m., Honday thraugh Friday.
3, That thc proposed use will not adversely affect the adJoining land uses
and the growth a~d development of the area in which it Is proposed to be located.
4, That the size and shape of the slte proposed for the use is adequate to
a11ow the full development of th~ proposed use in a manner not detrimental to the
particular area nor to the peace. health, safety, and general Welfare of the Citizens
of the Lity of Anahelm.
5. That the granting of the Condittonal Use Permit under the conditlons
Tmpused, if any, wTll not be detrlmental to the peace~ health, safety and general
welfare of the Citixens of the Ci[y of Anaheim.
6. That no one indicated thelr presence at sald publtc hearing in
oppositlon; a~d that no correspondence was received Tn opposTtton to the subJect
petition.
ENVIRONNENTAL IMPACT FINDING: The Planning Director or his authortzed
representat ve has eterm ned that tne proposed projact falis withln the defTnition
af Categorical Exemptions, Class 1, as defined in Pa~agraph 2 of che City of Anaheim
PC78-151
Envlronmental Impact Report Guldelines and is, therefore~ categorlcally exempt from
the requlrement to prepare an EIR.
NOW. THEREFORE. BE IT RESOLVED that the Anaheim City PlannTng Commisslon
does hcreby grant subJect Petitton for Condltional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequlsTte to the proposed use
of the subJect property in order to preserve the safety and general welfare of the
Citizens of the City of Anahelm:
1, That appropriate water assessment fees as determined by the Director of
Public Utilities shall be pald to the Lity of Anaheim prior to the issuance of a
building permit.
2, That the owner(s) of subJect property shalt pay the trafflc signal
assessment fee difference between lndustrial and commercial uses amounting to $333.00
per 1000 square feet of building or fraction thereof.
3, That subJect property shall be developed substantlally in accordance
with plans and specifications on file with the Cliy of Anaheim marked Exhtbit Nos. 1
through 3.
4. That Condition No. 2, above-mentToned, shall be canplied Nith prior to
the commencement of the activity authorized under thts resolution, or prior io the
time that the building permit Ts tssued, or within a pcriod of one year from date
hereof, whichever occurs first, or such further tlme as the Planning ~~ission mey
g~ant.
5, That Condition No. 3~ a~Ve"~~tioned, shail be complicd with prior to
final buildTng and zoning inspectTons.
BE IT FURTHEP. RESOLVED that the Anahelm Clty Planning Commission does hereby
find and determine that adoptton of [hTs ResolutTon is expressly predtcated upon
applicant's compliance wtth each and all of the conditions hereinabove set forth.
Should any such condTtian, or any part thereof, be dectared invalid or unenforceable
by the ffnai jud9n~nt af any cour[ aF canRei~ni ~urlsdtctlon. Lhen this Resolueion,
and any approvals herein contained, shall be deemed null and void.
TNE FOREGOING RE50lUTION Ts signe~ and approved y me thTs 3rd day of July
1978.
HA1 AN, A'AN 1 I ANNING COMHISSION
ATTEST:
~" ~~ -~° ~,,,~,
SECR~TARY, ANRHEIM CI~ANNING CO`1HISSION
_2_ PC78'151
~
,
. ; ,
STATE OF CALIFORNIA )
COUNTY OF QRAHGE ) ss.
CiTY OF ANAHEIM )
t~ Edith L. Harrts~ Sccretary of the Anaheim Clty Planning Cartntssion. do
hereby certify that the foregoing resolutlon Nas passed and adopted at a meeting of
the Anaheim City Planning Commtssion held on July 3, 1978, at 1:3~ P•m.~ by the
followtng vote of the members thereof:
AYES: COMMISSIONERS: 9ARNE5~ DAVID. JOHNSON, KING, LINN. 70LAR
NOES: COHMISSIONEP.S: HERBST
ABSENT: COMMISSItlNERS: NONE
IN WITNESS 11FlEREOF~ 1 have hereunto set my hand this 3rd day of July~ 1978.
[o ~~G~". oC A~iL~L~
SECRETAaY~ ANAHEIM GITY PLANNING COMMISSION
-3- PC78-t5~