PC 78-285RESOLUTION N0. PC78-28y
A RESOLUTION OF THE ANAHEIM CITY PLANNItIG COMMISSION
THAT PETITION FOR CO~IDITIONAL USE PERMiT N0. 1916 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verTfled
Peti2ion for Co~dttlo~al Use Permlt from ROSHEL~ 1100 North Alta Loma Road, Los
Angeles, Laltfornia, 90069, owner, a~d MICMAEL OFFORD, 1381 South Walnui Street
R2504, Anaheim, California 92802, agent, of certain real property situated ln the
City of Anaheim. County of Orange, Statc of Lalifornia, described as:
THE SOUTH 160.00 FEET OF THE 41EST 155.00 FEET OF LOT 5 IN BLOCK 17
OF SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TONNSHIP 4 SOUTH.
RAI~GE 10 b1EST, OF THE SAN BERNARDINO MERIOIAN, IH THE CITY OF
ANAHEIM. LOUNTY OF ORANGE, STATE OF CALIfORNIA, AS PER MAP
RELORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE Of
THE COUNTY RECOROER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hoid a public hearing at the Lity
Hall in the Ci[y of Anaheim on December 4, 1978~ at 1:30 p.m., notice of said public
hearing having been duly given as required by lak and in accerdance with the
provisions of the Anaheim Municipal Code. Chapter 18.03, to hea; and consider
evidence for and agatnst said proposed condTttonal use and to in•+estigate and make
findings and recommendations In connection therewith; and
WHEREAS~ satd Commission, aftcr due inspection, investigation and study made
by Ttself and In its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine [he follo~ing fatts:
1. That the proposed use is properiy one for which a cond(tlonal use
pernFt 1s autharized by Rnaheln MurtFctpa! Code SccLlen IB.1~4,05~.~1Q to wit: to
permii on-sale beer an~ wine in a proposed sandwlch shop with a waiver of:
SECTION 18.44.056.050 - Mtnimum number of arkin s aces.
2? spaces requtred; 25 spaces proposed)
2. That the requested walver is hereby granted on ihe basis that the
~equesCed waiver is minimat ameunting to an approximatety 13$ reductlon in the
required number of parking spaces and that a sandwich shop will not generate the same
need for parktng apaces as a sit-drx~m restaurant.
3. Tha~ the proposed use wili nct adversely affect the adJoini~g land uses
a~d the 9rowth a~d dzvelopment of the area Tn whtch it is proposed to be located.
4. That the sTze and shape of the sTte proposed for the use is adequate to
alloW the futl development of the prsposed use in a mannGr not detrimental to the
particular area nor to the peace, health. safety. and general welfare of the Cttizens
of the Ctty of Anaheim,
Pt78-285
5. That the granting of the Co~ditlonal Use Permit under the conditlons
imposed. tf any. wiil not be detrimental to the peace~ health. safety and general
welfare of the Lltize~s of the City of Ananeim.
6. That no one indlcated their presence at said public hearing In
opposition; and ihat no correspondenc~ ~~~s recelved in oppositlon to the subJect
petition.
ENVIRONMEtITAI IMPACT FINOtNG: The Pla~ning Dlrector or his authorized
representat ve has determ ned t~t the proposed proJcct fatls within the definitTan
of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is. therefore, categortcally excnpt from
ihe requlrement to prepare an EIR.
NOU, THEREFORE~ BE IT RESOLVED tha[ the Anaheim Lity Planning Lommisston
does hereby grant subject Petltion for Conditlonal Use Permlt. upon the following
condttlons Hhich are hereby found to be a necessary prerequlsite to the pronosed use
of the subJect property Tn order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1, That street llghting facilit(es along Katella Avenue and Euclid Street
shall be tnstalled prior to finai buiiding and zoning tnspecifons unless otheraise
approved by the Director of Public UtilitTes, and in accorda~ce with standard
specificatlons on file i~ the Office of the Director of Public Utilities; or that a
bond, certifTcate of deposit, tetter of credit, or cash, in an amount and form
satisfacatory to the Lity of Anaheim shall be posted with the City to guarantee that
the above improvements wTll be Installed prtor to commenctng the requested activity.
2. That subject property shalt be developed substantially l~ accordance
with plans and specifications on file Nith the City of Anaheim marked Exhibit Nos. 1
and 2.
3. That Condition Ko. i. above-men[loned, shatl be complied with prior to
[he cannencement of the activity authorized under [his resolutlon, or prior to the
time that the building permft is issued. or within a period of one year from date
hereof~ whichever occurs firs[, or such further time as the Ptanning Commission may
grant.
4. That Conditlon No. 2~ above-mentioned~ shali be complied wtth prlor to
final buTlding and zontn9 inspections.
BE IT FURTNER RESOLVED that the Anaheim City Planning Lortmissio~ does hereby
find and determine that adoptlon of this Resolution is expressly predTcated upon
applicant's compliance alth each and alt of the conditions hereinabove set forth.
Should any such condltlon, or any part thereof. be declared Tnvalid or unenforceable
by the final Judgment of any court of competent jurtsdlctton, then this Rasolutian.
and any approvals hereln contained~ shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
December. 1978.
ATTEST: T L NtNG COMMISSION
°~ ~ ~ Qc~a-zss
~EC~fE . ANAHEIM CITY PIANNING COMM SS
-2-
l ~ I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF A~AHEIH )
I, E~fJ*_h L. Harrls. Secrctary of the Anahetm City Planning Commisston~ do
hereby certify that the foregoino resolutTon was passed and adopted at a meeting of
the Anahetm City Planning Cortmisston held on December ~e~ 1978. at 1:30 p,m., by the
foTlowing vote of the members thercof:
AYES: COMMISSIONERS: BARNES. BUSHORE~ DAVIO~ KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST~ JOHNSON
1978.
IN WITNE55 WHEREOF. I have hereunto set my hand this 4th day of Decanber,
~ ~.caC .z. 2~.r~.~
SECRETARY~ AHAHEIM CtTY PLANNING COHHISSION
-3- PC78-285