PC 85-72RESOLUTION N0. PC85-72
A RESGLUTIUN OF THE ANAHEIPI CITY PLANNING COMMISSION
THAT PE:TITION FOR CONDITIOfJAL IISF. PERMIT N0. 2669 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pe[mit from LOUIS A. POSSEDSATO, ET AL., 1909
Plargie Lane, Anaheim, Califor.nia 92802, owner, and TERRY POSSEMATO - CUI,VER,
1188 West Katella Avenue, Anaheim, California 92gQ2, agent Eor certain real
~roperty situa~ed in the City oE Anaheim, County of Orange, State of
CaSifocnla, described as;
PARCEL, 1;
THAT PORTZON OF LOT 1 OF WALNUT COLONY TRACT, AS SHOWN ~iu ;,
MAP FILED IN BOOK 1 PAGE 14 OF RECORn ~~
OFFICE OF THE COUNTY Rcr~n--. ~URVEYS~ IN THE
u~x OF ORI~NGE COUNTY, CALIFORNIA,
DESCRIA6n qg t•CLLOWS:
BEGINNING AT THF. IPlTERSECTION OF THE WEST LINE OF SAID LCT 1
OR ITS NORTHERLY EXTENSION AND TEiE CENTER LINE OF KATELLA
AVENUE~ AND RUNtJING THENCE SOUTH ALONG SAID 47EST LINE 2gp
FEET, THENCE EASTkP,LY 200.00 FGET PARALLEL WITH THE CENTER
LINE OF SAIL FATELLA AVENUE TO THE SOUTHEAST CORNER OF LAND
DESCRIBED IN A LEED 20 JOHN E. CRADDOCK AND WIFE, RECORDEU
E'[:ARpnRz 25, 1y44 IN BOOK 1238 PAGE 216, OFFZCIAL RECORDS;
1'fiENCE NOFTHERLY 2&0.00 F~ET FARALLEL WITH THE WEST LINE OF
SA.TD LOT 1 TO THE CEN4'ER LINE OF SAID KATELLA AVENUE: THENCE
WESTERLY 2UO.OU FEE4' ALUNG SAID CENTER LINE TO THE POINT OF
BECINNING.
EXCEPT THE WL•'ST lU0.U0 FEET iFiERF.OF.
PAHCEL 2:
m4` ""•"` 1~~,~u h~~'1' uE' 'I'HAT PORTZOtd OF 'LOT 1 OF WALNUT
COLONY TRACT, AS SHOWN ON A LICENSED SURVEYC)R'S F1AP ['I:ED ZN
BOOK 1 PAGE 14 OF RECORG OF SURV6YS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTy~ CALIFpRD'iIA~ DESCRIEED AS
FOLLOWS:
BEGINNING AT THE INTE:RSECTION OF THE WEST LINE OF SAIU LOT 1
OR ITS NORTHERLY EXTENSION AND THE CENTER LINE OF KATELLA
AVENUE~ AND RUNNING THENCE SOUTH ALONG .~,AID WES'l 280 FEET;
THENCE E;AST AND PAAALLEL WITH THE CENTER LINE OF KATELLA
AVENUE; 150 C'EET; THENCE NORTH PARnLLEL WITH THE WEST LINE OF
SAID LOT 1~ 280 FEET TO A POINT IN THE CENTER LINt OF KATELLA
AVENUE; TFIENCE WEST ALONG SAID CENTER LIN° 150 FEET TO THE
POINT UF BEGINNING.
WHEREAS, the City Planning Commi~sion did hold a public hearing at
the Civic Center in the Ci:y of Anaheim on March 18, 1985, at 1:30 p,~~,~
notice of said public hearing having been duly given as required by law and in
accordance with the provisions ot the Anaheim Municipal Code, Chapter 18,03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make f.indings and recommendations in connection
therewith; and
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PC85-72
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WiIEREAS, said Commis~ic.:, after due inspection, investigation ~nd
study made by itselE a~d in its behalf, and after due co~isideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1• That the proposed use i~ properly one Eor whicli a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to
wit: to permit on-sale beer and wine in an existing delicatessan with waiver
of the following:
SECTIOt7 18.U6.050.0231 - M?nimum number of parkinq spacrs.
18,06.080 (68 spaces r~=qui:eu; 62 spaces existing)
AND 1A.44.066.0.Sn -
2• Tt~at the requested waiver is hereby granted on the bas.is that
the parking variance will rot cause an increase in traffic congestion in the
immediate viciniLy nor adversely affect any adjoining land uses; and that the
granting of the parking variance under the conditions imposed, if any, will
not be detrimental to the peace, health, safety or general welfare of the
citizens of the City of Anaheim.
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 progosed for the use is
adequate to al.low t.he full development oE the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
yeneral welfare of the c:itizens of the Cit.y of Anaheim.
5. That the granting o.E thc conditional use permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety, and yeneral welfare oL the Citizens of the City of Anaheim.
6. That the trr~ffic generated by the proposed use will not impose
an undue burden upon the streets and highways desiqned and imnr~ti.ar) r~ c~.~~
Li~E: LYeLLi~ li~ the area.
7• That no ene indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
cubject petikion.
ENVIRON~fENTAL IFiPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale beer and wine in an
existing delicatessen with waiver of minimum number of parking spaces on a
ceceangularly-shaped parcel of land consisting of apYtoximately 1.3 acres,
haviny a frontage of approximately 200 feet on the south side of Katella
Avenue, being located approximately 220 feet west of the centerline of Casa
Vista Stceet and further described as 1188 West Ratella Avenue; and does
hereby approve the Negative Declaration upon finding that it has considered
the P~egative Declaration together with any comments received ducing the public
review process and further findiny on the basis of the initial study and any
comments received that there .is no :ubstantial evidence that the project will
have a significant effect on the environment.
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NOW, THEREFORE, BE IT }tESOLVED that the Anaheim C.ity Planning
Comrission does hereby grant subject Petition [oc Condit;unal Use Permit, upon
the foliowing conditions which are hereby foun~ to be a necessary prerequisite
to the proposed use of the subiect property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the owner oE subject p~operty shall pay to the City of Anaheim
a Eee for tcee planting purposes along Katella Avenue in an amount
as determined by the City Council.
2. That trash storaye areas shall be provided and maintained in
acco[dance with appcoved plans on file with the Street Plaintenance
and Sanitation Division.
3. That the proposal shall comply with al.l signing requirements of the
CL Zone, unless a variance allowing sign waivers is approved 5y the
Planning Commission or City Council.
4. That no alcoholic beverages, except beer and wine shall be sold ot
consumed on the premises of the subject delicatessen.
5. That subject peoperty shall be developed substantially in acr_ordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
G. That prior to the commencement of the ~ctivity authorized undec this
cesolutiun, oc within a period of one year from the date of tnis
resoluticn, Whic:,ever occurs first, Condition Nos. 1, 2 and 5,
above-ment.ioned, shall be complied Mith. Extensions for further
tirtie to complete said conditions may be granted in accordance with
Section 13.U3.050 of the Anaheim Plunicipal Code.
BE IT FCRTHER kESOLVED that the Anaheim City Planning Commissiou
does her~by find and detecmine that adoption of this Recolution is expreasly
p~edicaCed upon applicant's compliance with each and all of the conditions
hereinabove ~•:t fcirth. Should any such conditions, or any part thereof, be
declareu ~.~valiu or uueni~[ceaole uy lut iiu~i ,iuuy:iier~L oL ary .:cuCt oi
competenr. jurisdic~ion, then this Resolution, and any approvals herein
contai~.ed, shall be deemeri null and void.
T:iE FOREGOING F:ESOLUTIUN is signed and approved by me this 18th day
of March. 1985. ~'~ ~
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CHAIRMAN~ Afi7{HE M CITY PLANNING CUMMISSION
ATTEST:
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SECRETARY, ANAHEIM CIiY PLANNZNG COMMISSION
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STATE OF CALIFORNIA )
CUUNTY OF URANGE ) ss.
CITY OF ANAHEIFI )
i, Edith L. Harris, Secretary o£ the Anaheim City Planning
Commission, do hereby certify that the fore~oing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on March 18,
1985, by the following vote of the members thereof:
AYES: COPIMISSIUNERS: BOUAS, BUSHORE, FRY HERBST, KING, LA CLAIRE~
hIC BURNEY
NOES: COPIMISSIOP7ERS: NUNE
ABSENT: COMPIISSIUN~R5: NONE
IN WITNESS WHEREOF, I have hec?unto set my hand this 18th day of
March, 1985.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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