PC 79-109RESOLUTION N0. PC79-109
A RESOLUTION OF THE APfAtiEIM CITY PLA~I~IING CONt115510t~
THAT PETITION FOP. CONDITIONAL USE PER!'IT 40. 19$4 BE GRANTEO
WHEREAS, the Anaheim City Planning Commission did receive a verified
Pe[ition for Conditional Use Permit from LA PALMA BUSINE55 PAKR, Post Offtce Box
6348, Orange, California, 92667, owner, and RICHARD BROADWAY, I.P.S. CO!1PANIES, Post
Office Box 6348, Orange, Caltfornla 92667, agenC, of certain real property sttuated
in the City of Anaheim, County of Orange, State of California, described as:
Parcels i to 9 inclusive, in the Clty of Anaheim, County of
Orange, S[ate of f.alifornia, as per map recorded in book 123,
pages 46, to 47, inclusive of Parcel Maps, in the office of the
County Recorder of said Orange Lounty.
WHEREAS, the City Planning Comnission did hold a public hearing at the Ctty
Hall in the City of Anahelm an June ~i, ~979~ ~t 1:30 P•m „ no[ice of said public
hearing having been cluly given as requtred by lari and in accordance with the
pr~visions of the Anaheim Municipa) Lode, Chapter 13.03, to hear and consider
evidence for and against said proposed conditional use and to investiga[e and make
findings and recommendaClons in connection therewith; and
WHEREAS, said Commission, after due inspection, inves[igation and study made
by itself and in its behalf, and after due conslderation of all evidence and reports
offered at said hearing, does find and determine the fallowing fac[s:
1. That the propased use is properly one for which a conditional use
permit is authortzed by Anaheim Municipal Code Sectlon IB.f,1.05o•39~ to wiC: to
permit a donut shop and a sandwich shop rrith on-sale of becr and r~ine in the ML
(Industrial, Limited) zonc.
2. That the proposed uses are hereby granted subject to the petitioner's
stipulation that the hours of operation for [he donut shop shall be 6:00 a.m, to 2:Q0
p.m., Monday through Friday and 6:OQ a.m. Co noon on SaCurday; and that tlie hours of
operation for the sanda!ich shop shall be 10:00 a.m, to 5:00 p.m. Monday through
Friday.
3. That the proposed uses are hereby granted for a period of three ycars,
subject to review by the Planning Commission for possible extensions of time tf the
uses have not had a detrimental effect on the surrounding industrial area.
4. That the prop.osed uses viill not adversely affect the adjotning land
uses and the growth and development of the area in which it is proposed to be
located.
5. That the size and shape of the site proposed for the uses is adequate
to allow the full development of the propasad use in a manner not detrtmental to the
particular area nor to [he peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
PC79-109
6. That [he grantfng of the Conditional Usc Permit under the conditions
imposeJ, lf any, will noC be detrimental to the peacc, health, safety and general
welfare of the Citizens of the City of Anaheim.
7. That Che traffic generated by Che proposed uses will not impose an
undue burden upon the s[reets and highways designed and tmproved [o carry [he traffic
in the area.
a. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to [he subject
petftion.
ENVIRONMEtJTAL IMPACT FI4D1!~G: That the Anaheim Ci[y Planntng Cortv~ission has
reviewed the proposal to permit a donut shop and a sandwich shop wi[h on-sale beer
and w(ne in the ML (Industrial, limited) Zone on a rec[angularly-shaped parcel of
land consisting of approximately 5.2 acres having approvimate fror,tages of 455 feet
on the south side of La Palma Avenue, and 50G feet on the rrest side and ~90 feet on
the north side of Armando Street; and does hereby approve the Negative Declaration
from Che requirement to prepare an environmental impact report on the basis Cha[
there would be no significant individual or cumulative adverse environmental impact
due to the approval of thfs Negatlve Declaration since the Anaheim General Plan
designa[es the subject property for general industrtal land uses commensurate with
the proposal; [ha[ no sensitive environmentai impacts are involved in [he proposal;
that the Initlal S[udy submitted by the petitioner indicates no significant
individual or cumula[ive adverse c•nvironmental impacis; and that the Negattve
Declaration substantiating the foregoing findings is on file In the City of Anaheim
Planning Depar[men[.
NOW, TFIEREFORE, ~E IT RESOLVED that tht Anaheim Lity Plann(ng Commission
does hereby grant subject Petition for Conditional Use Permit, upon the followtng
conditions which are hereby found to be a necessary prerequlsite [o ihe proposed use
of the subject property in order to preserve the safe[y and general welfare of [he
Citizens of ihe Lity of Anaheim:
1. That Lrash sLOr~ge areas stiall ~e provlded in accordance with approved
plans on file wi[h the Office of the Director of Public Works.
2. That the owners of subjecc property shall pay the difference between
the industrial and commerclal iraffic signal assessment fees (Ordinance No. 389~), i~
the amount as determined by the Ctty Council, prior Ca the issuance of a butlding
permit.
3. That the proposed donut shop and sandwich shop shall comply with all
signing requirements of the ML Zone.
4. That subject property shall be developed subs[a~tially tn accordance
with plans and speciftcations on file r~ith the Cfty of Anahelm marked Exhibit Nos. 1
through 4.
$. That Condition Nos. i and 4, above-mentioned. shall be canplied with
prior to final building and zoning inspec[tons.
-2- PC79-10°
6. That the hours of operation for the donut shop shall be 6:00 a.m. to
2:00 p.m. Monday through Friday and 6:00 a.m, to noon on Saturdays; and the hours of
operation for the sandwich Sh6p shall be 10:00 a.m. to 5:00 p.m. Monday through
Friday.
BE IT fURTHER RESOLVED that the Anaheim City Planning Lommission does hereby
find and detarmine tha[ adoption of this Resolution is expressly predicated upon
appiicant's compTiance with each and all of [he condltions herelnabove set forth.
Should any such conditlon, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competenr Jurisciictlon, ihen this Resolution,
and any approvals hercin contained, shal) be deemed null and void,
THE FOREGOINf RESOLUTION is signed and approved by me this l~th day of June,
~979.
I , A~~A E C Y PLA~~t I tlr, COnM I SS I ON
ATTEST:
~,~.~ ,~ ~~.,.;.,
SECRE7ARY, ANANE M CITY PLAN~IING CO~1t115SI0t,
STATE OF CALIFORNIA )
COUt~TY OF ORANfE ) ss.
CITY Of AtIAHEIM )
I, Edith L. liarris, Secretary of the Anaheim City Planning Carmission, do
hereby certify that the foregoing resolution was passed and adoptecl at a meeting of
the Anaheim City Planning Commission held on June 4, 197q, by the foilowing vote of
the members thereof:
AYES: COMMISSIONERS: BARNES, DAUID, Y.ItJr,, TOLAR
NOES: COMMISSIOt1ERS: BUSHORE, HERBST, JOHNSOfI
ABSENT: LOMMISSIONERS: NONE
IN WITNESS WHEREOf, I have hereunto set my hand this ~+th day of June, 1979.
B7~ /{• ll~w~~
SECRETARY, AMhHEIM LITY PIAI~NING COMHISSION
-3- Pc79-~e9