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PC 79-88RESOLUTION N0. Pc~9-sa A RESOLUTI0~1 OF THE ANAfIEIM CITY PLANN~NG LQHMISSION TfiAT PETITION FOR CUNDITIONAL USE PERMIT N0. 1~66 BE GRANTED WHEREAS, the Anahcim City Planning Commission did receive a veriffed Petition for Conditional Use Permit from GENERAL AMERICAI~ LIFE lNSURANCF. COMPANY, 1630-B South Sunk(st Screet, Anaheim, Californta 92806, owner, and N. D. (SKIP) SCHROTBERGER~ 812 Nesc Wilshire, Fullerton, California 92632, agent, of certain real property sttuated tn the Llty of Anaheim, Loun[y of Orange, State of Caltfornla~ described as: PARCEL B: That portton of Lot Y of the Van de Graaff Tract, as shown on a Map recorded in book 4, page 440 of Mlscellaneous Records, records of Los Angeles County, Californta, and that por*.ton of the land descr(bed in the Flnal Decree of Partitio~ of the Rancho Santiago de Santa Ana, which was entered September 12, 1869 in Book "8"~ page 410 of Judgments of the District Court of the 17th Judic(al Distric[ i~ and for Los Angeles County, Lalifornla, described as folla+s: Beginnfng at a point in the IJesterly boundary of said Rancho Sant(ago de Santa Ana, distant thereon North 28~ $A' 20" East, 163.80 fcet from Statton 68 of satd boundary, said p~int being the intersection af said boundary with the Westerly prolongatlon of the Southerly 1(ne of safd Van De Graaff Tract, thence South 8?° 29' S5" East, 3~+.11 feet along said 4Jesterly prolongation to a point on the Southeasteriy line of [hc land described as "PARCEL Y3~106A"' tn the Final Order of Condemnation rccorded Sep[em6er 11~ 1?72 in book 10319, page 87A of Official Records, records of sald Orange County. said polnt bei~g the True Polnt of Beginning; thence~ along said Southeasterly line of the following courses: North 28° 54' 20" EaSL. 3{~+.~2 `ee[ to Che beginning of a tangent curve, concave North~esterly and having a radius of 1230.00 feet; Noriherly 266.72 feet along said curve [hrough a ccntral angie of 12~ 25' 28"; South 73° 31' 08" East, 15.00 feet along the Easterly prolonga[lon of a radiai line of said curve co a non-tangent curve concave uesterly and having a radlus of 1245.00 feet, a radtal ltne of said curve bears 5outh 73° 31' OE" East; and Northerly 65.78 feet along sald curve through a central angle of 3~ 01' 38" [o said Westerly bou~dary; [hence lcaving said Southeasterly lT~e and along sald WQSterly boundary Horth 28° 54' 20" East. 65.~7 feet to the Southerly ilne of the land described as "PARCEL Y3- 10E.1" in said Final Order of Condemnatton; thence Nor[h 76° 18' 59" East, 247.72 feet along said Southerly line to the Easterly term(nus thereof; thente North 13~ 41' O1" Wcst 30.00 feet along the Easterly li~e of sald "PARCEI Y3-106.1" [o the Southerly line of Cerrltos Avenuc, 40.00 feet Nidey as described in deed to the County of Orange, recorded Norember 5. 1925 In book 614~ page 68 of Deeds of satd Orange County; thence alo~g said Cerritos Avenue Northeriy 76~ 18' S9" East, 82.61 feet; thcnce South 0~ 30' OS" West, 776.26 fect to said Southerly Ilne of the Van de Sraaff Tract; thence North 89° 29' S5" West~ 639.09 feet along satd PC79-88 Southerly line and ics Westerly prolongation to the True Polnt of Beginning. 11H[REAS. the City Planning Commission did hold a publtc hearing at the City Hall in the City of Anaheim on May 7, 1979. at 1:30 p.m., notice of sald publtc hearing having been duly given as required by law and tn accordance with the provisions of the Anaheim Munfcipal Code, Chapter 18.03, to hear and consider evidence for and agai~st said proposed conditional use and [o investigate and make findings and recommendations ln connection therewi[h; and WFiEREAS. said Commisslon. after duc inspection, investiga[ion and study made by itself and in fts behalf. and after due consideration of all evidence and reports offered at said hearin9, dces find and determtnc thc folfowin9 faccs: 1. That the proposed use is properly one for which a conditTonal use permit is authorized by Anaheim Municipal Code Section 18.(>1.050.39n to wit: to permi[ a sandwich shop in the ML (Industrial, Limited) Zone. 2. That [he proposed use is hereby granted subjcct to the petitioner's stipula[tan tha[ the hours of operatior shall typically be 7:00 a.m, to 4:00 p.m. Monday through Saturday, wfth a maximum of three (3) employees and that the sandwtch shop is intended to primarily service industrial eynployees and customers in the area. 3, 7hat the proposed use will not adverscly affect the adJoining land uses and ihe growth and development of the area fn which it is proposed [o be located. 4. That the size and shape of the site aroposed for che use is adequate to atlow the full development of the proposed use in a manner ~ot detrimental to the particular area nor to the peace, healch. safety, and general welfare of the Citizens of the City of Anaheim. 5. Thac the granti~g of the Canditional Use Permit under the condittons imposed. if any. will not be detrimental to Che pcace, health, safety a~d general Ne2fare of the Citizens of the City of Anaheim. 6. ihat no one indicated their presence a[ said FuCtlc hear2ng In opposition; and chat no correspondence was recelved in opposition to the subJect petltion. ENVIRONHENTAL IMPACT FIHDING: That the Anaheim City Planning Commission has reviewcd the proposa to perm t a sandwich shop in the ML (Industrial, Limited) Zone on an irregularly-shaped parcel of land consisting of approxlmately 1.0 acre at the southeast corner of Cerritos Avenue and Sunkisc Street, having approximate frontages of 160 feet on Che south sidc of Cerritos Avenue and 685 feet on the east side of Sunkis[ Strect; and does hereby approve ihe Negacive Declaration from the requirement to prepare an environmental impact report on the basls that there would be no significant indfvidual or cumulattve adverse environmental impact due to the approval of Chis Negative Declaration stnce the Anaheim General Plan designates [he subJect property for general Indusi.rial land uses canmensurate with the proposal; thai no sensitive environmen[al impacts are involved in the proposal; that the Initial Study submltted by the petitloner Indicates no significant individual or cumulac(ve adverse environmental impacts; and that the Negative Declaration substan[iating the foregoing findings is on file in the Ltty of Anaheim Planning Department. -2- PC79-88 NOW, THEREFORE, BE IT RESOLVED that thc Anaheim City Planning Cammission does hereby grant subject Petitlon for Londitional Use Permtt. upon the foltawing conditions which are hereby found t~ be a necessary prerequlsite to the proposed use of the subject property in order to preserve the safety and general welfare of the Ci[izens of the Lity of Anaheim: 1. That the owner(s) of subJect property shall pay the difference be[ween the industrial and commerclal trafftc signal assessmtnt fees (Ordinance No. 3896) in an amount as determined by the Ci[y Council, prior to the commencemen[ of [he activlty authorized under Chls resolution. 2, That the proposed sandwich shop shall comply w(th all stgning requlrements of the ML (Industrlal, Limi[ed) Zone. 3. Tha[ trash storage areas shall be provided (n accordance w(th approved plans on file wtth the Ufftce of the Director of Public uorks. 4. That subJect property shall be developed substantially (n accordance with plans and specifications on flle with the Lity of Anahelm marked Exhib(t Nos. 1 through 3. 5. 7hat Cond([ton Nos. 3 and 4. above-nentioned~ shall be complied wtth prlor [o final building and zoning (nspections. BE IT FURTHER RESOLVED that the Anaheim City ?lanning Cor,misslon does hereby ftnd and deternine that adoption of this Resoiution is expressly predicated upon applicant's conpliance wfth each and all of the conditlons hereinabove set forth. Should any such conditfon, or any part thereof~ be declared invalid or unenforceable by the final judgment of any couri of campe[ent jurTsdfction, then [his Resolution. and any approvals harein contained, shall bc deemed null and vald. THE FQREGOING RESOLUT10tl Is siqned and approved by me [his 7th day of May. 1979. ~ CHAIRMAN~ ANA IM IT PL NNING COMNISSlON ATTEST: ~a c,t~ d i~~.cti.c~. SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAHGE ) ss. CITY OF ANAHEIM ) I, 'edith L. Harr(s, Secretary of the Anaheim City Plannina Cammission~ do hereby certtfy that [he foregoing resolution Has passed and adopted at a meetTng of [he Anaheim Clty Planning Commisslon heid on Hay 7, 1979, by the folloWing voie of the members thereof: AYES: COMMISSIONERS: BARNES~ BUSHORE, DAVID. NERBST~ JQHNSON, KING, TOLAR NOES: COMMISSIONERS: NONE ABSE~IT: COMMISSIONERS: t~ONE IN WITNE55 NHEREOF~ I have hereunto set my hand thts 7th day of Hay, 1979. ~~ .~ ~,~,,.,.:. ~ECRE~ARY, NAHEIM CI LANNING COMMISSION -3- pc~9-aa