PC 82-81- ~.,
RESOLUTION N0. PCF32-81
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2323 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from LA PALMA EAST PROPERTIES, 3921 East
La Palma Avenue, Unit C, Anaheim, California, 92806, owner, of certain real property
situated in the City of Anaheim, County of Orange, State of Californ~a, described
as:
PARCEL A: Parcel 3 in the City of Anaheim, County of Orange,
State of California, as per map filed in book 35, page 11, of
Parcel Maps, in the Office of the County Recorder of said County.
WHEREAS, the Gity Planning Commission did schedule a public hearing at
the City Hall in the City of Anaheim on May 3, 1982, at 1:30 p.m., notice of said
public hearing having been duty yiven as required by law and in accordance with the
provisions of the Anaheim Muni:.ipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, said Commission after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and
reports offered at said hearing does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.61.050.611 to wit: to
permit ~ sandwich shop in the ML (Limited, Industrial) zone with waiver of the
following:
SECTION 18.06.060.0231 - Minimum number of arkin s aces.
15 spaces required; 145 spaces existing)
2. That the requested waiver is hereby granted on the basis that the
customer's needs for parking wi11 vary due to the variety of businesses sharing
the parking and that peak demand will seldom occur; and on the basis that the
request is minimal, amounting to less than 10~.
3• That the proposed use will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be
located.
4. That the size and shape of the site proposed for the use is adequat•e
to allow the full development of the pr~posed use in a manner not detrimental to
the particular area nor to the peace, health, safety, and general welfare of the
Citizens of the City of Anaheim.
5• That the granting of the conditional use permit under the conditions
imposed, if any, wi11 not be detrimental to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
6. That the traffic gen~rated by the proposed use will not impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
PC82-81
<k~ . (f,,, . .. . ; .~,
uS.t -... . . ...
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDINGS: That the Anaheim City Flanning Commission
has reviewed the proposal to permit a sandwich shop in the ML (Industrial, Limited)
Zone with waiver of tfie minimum number of parking spaces on an irregularly-shaped
parcel of land consisting of approximately 4.0 acres, having a frontaye of approxi-
mately 335 feet on the northwest side of La Palma Avenue and being located approxi-
mateiy 1170 feet east of thie centerline of Tustin Avenue (3921 East La Palma Avenue,
Unit D); and does hereby approve the Negative Declaration from the requirement to
prepare an environmental impact report on the basis that there would be no signifi-
cant individual or cumulative adverse environrtiental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the subject
property for general industrial land uses commensurate with the proposal; that no
sensi*ive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individuat or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the fore-
going findings is an file in the City of Anaheim Planning Department.
NOW, THEREFORE, SE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the `ollowing
conditions which are hereby found to be a necessary prerequisite to the proposed
use of the subject property in order to preserve the safety and general welfare of
the Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay the difference
between the industrial and commercial traffic signal assessment fees (Ordinance
No. 3896) in an amount as determined by the City Council, prior to the issuance of
a building permit.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 and 3•
3. That Condition No. 1, above-mentioned, shall be completed within a
period of sixty (60) days from the date herein or prior to issuance of a building
perrnit or prior to commencer~nt of the activity herein approved, whicF~ever occurs
first.
4. That Condition No. 2, above-mentioned, shall be complied with prior
to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that the adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions here-
inabove set rorce. Should any condition or any part thereof, be declared invalid
or unenforceable by the final judgment of any court or competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
-2- PC82-81
~-
~OING RESOLUTIO~d IS signed and approved by me this 3rd day of
9~-.~ ~. = ~~--~.--~-
CHAIRMAN, ANAHEIM ClTY PLANNIPI6 COMMISSION
ATTEST:
~~ ~~ ~~
SECRETARY, ANAHEIM CITY P~.ANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resotution was passed and adopted at a meeting
of the Anaheim City Planning Commission held on May 3, 1982, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, MC BURNEY, KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of May, 1982.
~r,~,~ .~ ~., ~.
SECRETA Y, ANAHEIM CITY PLANNING COMMISSION
-3- PC82-81
,
,
w~.....~._..........,..•...-,.. _-.,.._._... .. .,..,. ...:....._ .._...._..,_,. ~.. . .......,.~,.. ...~..., .. _.......::......,..~. ~ . . .. . .....,.. . . . . „':.~~CR~