PC 80-22RESOLUTIOtI N0. PC~O-22
A RESOLUT I ON OF TFIE AMAHE I M C I TY PLANN i ~•IG CON~1 I SS I OPJ
THAT PETITIOF! FOR COPlDITIOP~AL USE PER~11T N0, 2055 BE GRAIJTED
IJNEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from hdATIONAL EMPIRE COhiPAPIY, INC., 10433
National Boulevard, Los Ang-'es, California, 90034, owner, and FRANK KAMIMURA, 2801
West Ball Road, Anahein, Cali,.;•nia 92304, agent, of certain real property situated
in the City of Anaheim, County of Orange, State of California, described as:
That portion of the Southeast ouarter of the South~~est quarter of
Section 13, Township 4 South, Ran9e 11 6lest, in the Rzncho Los
Coyotes, as shown on a map recorded in book 51 page 11 of
Miscellaneous 11aps, records of said County, shovm as Parcel 1 on a
map recorded tn book 68 page 16 of Parcel Ptaps, records of s~id
county.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Nnaheim on January 28, 1980, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accerdance with the
provisions of ~he Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditionai use permit and to investigate and
make findings and recommendations in connection therewtth; and
WHEREAS, said Commission, after due inspection, investigation a~d 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 o~hich a conditional use
permiY is authorized L-y Anahetm Ptunicipal Code Section i6.44.050.010 to wit: to
permit on-sale beer and wine in an existing restaurant with waiver of:
SECTION 18.06.06h.0231 - Minimum number af arl:ing spaces.
75 s aces required;
Q spaces existing)
2. That the proposed use is hereby granted.
3. That the requested waiver is hereby granted on the basis that the
building is an existing restaurant and that the modification of the use to include
on-sale beer and wine does not require additional parking spaces; and that the waiver
is minimal, amounting to only an etght (8j ~ercent deviance from Zoning Code
standards for parlctng.
4. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is rroposed to be located.
5. That the size and shape of the site proposed for the use is adequate to
allow the fuli develupment of the proposed use ir a manner not detrimental to the
PCIIO-27
particular area nor to the pea~ ; health, safety, and general welfare of the Citizens
of the City of Anaheim.
6. That the granting of the Conditional Use Permit under the condittons
imposed, if any, wtll not be detrimental to the peace, health, safety and oeneral
welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use wi'1 not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
8. That no one indicated their preserce at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENUIROtJMENTAL IMPACT FINDING: The Planning Director or his authortzed
representative has determined that the proposed project falls ~•~ithin the definttion
of Categorical Exemptions, Ciass 1, as defined in Parag~•aph 2 of the City of Anaheim
Environmental lmpact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
N04l, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Condltional Use Permit, upon the foll~wing
conditions which are hereby found to be a necessary prerequisite tc 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 subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Ananeim marked Exhibit Nos. 1
and 2.
BE iT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or ar.y part thereof, be declared invalid or unenforceable
by the finai judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOIPIG RESOLUTIOPI is signed and approved by me this 28th day of
January, ig80.
CHAI~AN ANAHEIM~ CI~ MP~I OM~IISSION
ATTEST:
`~~c,~ .7~ ;~~.~.~.~.:~
SECRETARY, ANAHE I M C I TY PLANN I P1G COMt41 SS I OPI
-2- PC80-22
~ ~
STATE OF CALIFORNIA )
COU~lTY OF ORANGE ) ss.
CITY OF APJAHEIM )
I, Edith L. Harris, Secretary of the Anahelm City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Commission held on January 23, i986~ by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, D.4VID, FRY, HERBST, KING
NOES: COMMISSIONERS: P~ONE
ABSENT: COMt11SSI0NERS: TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 23th day of .~anuary,
1980.
~~T~~ .
SECRETAR , APIAHEI~4 CITY PLANNING COMMISSIOP!
-3- PCaO-27.