PC 78-206RESOLUTIOfI N0. PC78-206
A RESOLUTION OF THE ANAIIEIN GITY PLAtlNING COhiNISSION
THAT PETITION FOft LONDITIONAL USE PER"11T N0. 18II~+ BE GRANTED
WHEREAS~ the Anaheim Gity Planning Commission dId receive a verified
?etition for Conditional Use Permit fr•om EQUITEX 77 REAL ESiATE INVESTORS, 3732 Mount
Oiablo Boutevard, Lafayette, California, ?4549, owner, and MARK~ BOTICH, 1426 Eas[
Katelia Avenue, Anaheim, California 92805, agent, of certain real property si[uated
in the Ctty of Anaheim, County of Orange, State of California, described as:
That por[lon of the Northeast quarter of Section 26, Townshlp 4
South, Range 10 41est in the Rancho San Juan CaJon dc Santa Ana, as
shown on a Map recorded in book 51, paae SO of Miscella~eous Maps,
records of Orange County, Californla, described as follows:
Parcel 1, as shown on a Map recorded in book 81, page 32 of Parcel
Maps in the office of the County Recorder of said Orange County.
WHEREAS, the City Pianning Lannission did hold a public hearing at the Lity
Hall in the City of Anaheim on August 28, 197~i, at 1:30 p.m., notice of satd pubiic
hearing having been duly given as required by law and (n accordance with the
provisions of [he Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use and to investigate and make
findings and recommendations in connection therewi[h; and
blHEREAS, said Commission, after due inspectton, investigation and study made
by itself and in its behaif, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the foilowin9 facts:
1. Tha[ the proposed use is Droperly one for which a conditlonal use
permit is authorized by Anahefm Municipal Code Section 18.61.050.390 to wtt: to
permit a semt-enclosed sandrrich shop.
2. That the proposed use is hereby granted subject to the petitioner's
stipulation tha[ the hours of operation shall typically bc 7:00 a.m, to 4:00 p.m.,
Monday through Frlday.
3. That the proposed usc wili not adversely affect the adjoining land ~ses
and the growth and development of the area in which it is proposed to be located.
4. That [he size and shape of the site proposed for the use is adequate to
allow the full devetopment of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and genera) weifare of the Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
tmposed~ if any, will noi be detrimental to the peace, health, safety and general
welfare of the Citizens of the Ci[y of Anahelm.
6, That no one tndicated thetr presence at said public hearing in
oppositton; and that no correspondence was received in oppositton to the subJect
petT[ton.
PC78-206
ENVIRONMENTAL IMPACT FItiDING: That the Anaheim City Planning Commlssion has
revtewed t e su ect proposa to permit a semi-enclosed sandwich shop on a
rectangularly-shaped parcel of land consisting of approxlmately 11.8 acres~ having a
frontage of approximately 1o22 fect on the south side of Katella Avenue, having a
maximum depth of approximate4y 507 feet, being located approximately 660 feet west of
the centerline of State Collegc Boulevard; and does hcreby approve the pegattve
Declaration from the requirement to prepare an environmental impact report on the
basis that there would be no significant individual or cumulattve adver,e
environmental impact due to the approval of this Negacive Declaration since the
Anaheim Generai Pian designates the subJect propcrcy for general industrial land uses
commensurate with the proposal; that no sensitive er.vironmental impacts are Involved
in the proposal; tha[ the Inttial Study submitted by the petitioner indicates no
signiftcant individual or cumulative adverse environmental impacts; and that the
Negative Declaration substan[ia[ing the foregoing findings ts on file tn the City of
Anaheim Planning Department.
NON, THEREFORE. BE IT RESOLVED that the Anaheim City Planning Caranlssion
does hereby grant subject Petition for Conditional Use Permit, upon the fol]owing
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property in order io preservc the safety an~ general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subjec[ proper[y shall pay the traffic signal
assessmen[ fee di~ference between indus[rial and commercial uses amounting to S150.00
per 1000 square fect of building or frac[ion thereof.
2. That subject property shall be devrloped substantially in accordance
with plans and ;pecifications on filc with the Clty of Anaheim marked Exhibit Nos. 1
through 4.
3. Tha[ Condition No. 1, above Tentfoned, shall be complied with prior [o
the cor,miencement of the activity authorized under this resolution, or prtor to the
time that the 6uilding permtt is issued~ or with(n a period of one year from date
hereof~ whichever occurs first, or such further time as the P1annTng Carmission may
grant.
4. That Condition No. 2, above mentioned, shali be complted with prior to
final buildinn and zoning inspections.
BE IT FURTHER RESOLVED that the Anahelm City Planning Camission does hereby
find and determine [hat adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of [he conditions hereinabove set forth.
Should any such condTtion. or any par[ thereof, be declared invatid or unenforceable
by the final judgment of any cour[ of canpesent jurisdtction, then this Resolutton~
and any approvals herein contained~ shall be deemed null and void.
THE fOREG0ING RESOLUTION is stgned and approved by me thTs 28th day of
August 1978.
~ 1 17, .t~A~IT~CITY PLANNING COMMISSION
ATTEST:
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~ECRETARY, ANAHEIM GITY PLANNItIG COMMISSION
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STATE OF CALIfORNIA
COUtJTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris, Secretary of tfie Anahetm CTty Planning Commission, do
hereby certify that the forego(ng resolution was passed and adopted at a meeting of
the A~ahalm Lity PlannTng Lommission held on August 2B, 1979, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAV1D, HERBST~ JOHNSOtI, KING, 70LAa
NOES: CODiHIS510NER5: NONE
ABSENT: COMMISSIOt~ERS: LIN~I
1978.
IN NITNE55 WHEREOF, I have hereunto set my hand this 28th day of August
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SELRETARY, ANANEIM CtTY PLANUING COMhi5510N
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