PC 83-160RESOLUTION N0. PC83-160
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2491 BE GRANTEy
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pecmit fcom RAY HOMMES & FRANCIS HOMMES, 120
E1 Camino Drive, Sevecl} Hills, California 90212, owners, and SAMBO'S
RESTAURANTS, INC., 6400 Cindy Lane, Carpinteria, California 93013, agent of
cettain real property situated in the City of Anaheim, CounLy of Orange, State
of California, described as:
PARCEL 1 ON A MAP RECORDED IN BOOK 54~ PAG£ 20~ PARCEL
MAPS~ RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public heazing at
the Civic Center in the City of Anaheim on September 7, 1983, at 1:30 p.m.,
notice of said public hearing havin9 been duly given as cequired by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said prcposed conditional use
permit and to investigate and make f.indings and recommendat.ion~ in connection
therewith; and
WHERF.AS, said Commissior, after due inspection, investigation and
study made b_~ 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 petmit is authorized by Anaheim Municipal Code Section 18.44.050.010 &
18.06.080 to wit: to perrtiit on-sale beer and wine in an existing restaurant
with waiver of:
SECTION 18.06.050.0232 - Minimum number of parkinq spaces.
AND 18.44.066.050 (68 spaces required; 33 spaces existing)
2. That the requested waiver is hereby granted on the basis that
the petitioner atipulated at the public hearing to provide a written
reciprocal parking agreement with the property owner to the south to provide
no less than 35 additional parking spaces; and on the basis that the parking
variance will not cause an increase in traffic congestion in the immediate
vicinity since the restaurant is existing nor adversely affect any adjoining
land uses; and 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, Thst the proposed use will not adversely affect the adjoining
land uses an~' 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
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welface of the Citizens of the City of Anaheim.
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5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to t5e peace,• health,
safety and general welfare of the Ci.tizens af the City of Anaheim.
6. That the traffir generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the a:ea.
7. That no one indicated their presence aL• said public hearing in
opposition; and that no correspondence was received in opposi.tion to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: Tha+~ the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale beer and wine in an
existing restauzant with waiver of the minimum number of parking spaces on a
rectangularly-shaped parcel of land consisting oE approximately 0.61 acre,
located at the southwest corner of Orange Avenue and Brookhurst Street and
further described as 605 South BLOOkhurs*_ Street; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environmen~.
NOW, THEREFORL', BE IT RESOLVED that the Anaheim City Planning
Commission does hereby 9rant subject Petition for Conditional Use Permit, upon
the following conditions whicn 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 subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
2. That the owner of subject property shall enter into a written
agreement with the owner of the property to the south, and s~id
agreement shall be approved by the City Traffic Engineer and City
Attorney's Office and shall remain in effect at all times during the
exercise of this conditional use permit providing for no less than
35 aaditional parking spaces for the restaurant's use.
3. That prior to fina.l building and 2oning inspections, Condition Nos.
1 and 2, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
pred.icated upon applicant's comp].iance witb each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared inva.lid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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\ ,
THE FOREGOING RESOLUTION is signed and approved by me this 7th day
of September, 1983.
~~'~'/.~"~ . ~~~
CHAIRMAN, H~IM CITY PLANNING COMMISSION
ATTEST:
• ~ ~ .
SECRETARY~ ANAHEIM~CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OE ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on
September 7, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY, HERBST, KING~ LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN W7TNESS WHEREOF, I have hereunto set my hand this 7th day of
September, 1983•
~ ,~ %a~.~,t.~.
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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