PC 83-40RESOLUTION NO. PC83-40
A 12ESOLUTSON OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2419 BE GRANTED
WHEREAS, the Anaheim City Planning Commi~sion did receive a verified
Petition for Conditional Use Permit fro~ NATIONAL EMPIR~ COMPANY, INC., 10433
National Boulevard, L'os Angeles, California 90034, owner, and YOSHITAXA
ISHIKAWA, 1230 South Dale Avenue, #10~, Anaheim, California 92804, agent of
certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORrION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, AS SH0~9N ON A MAP RECORDED IN BOOK 51
PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SHOF7DT
AS PARCEL 1 ON A MAP RECORDED IN BOOK 68 PAGE 15 OF PARCEL
MAPS, RECORDS OF SAID COUNTY.
W[~EREAS, the City Planning Commission did hold a publia hearing at
the City Hall in the City of Anaheim on February 23, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence ior and against said proposed conditional use
permit and to investigate and make findings and recommendations in connectian
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 whir_h a conditionzl
use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 &
18.06.080 to wit: to permit on-sale beer and wine in a proposed restaurant
with waiver of:
SECTION 18.06.050.0231, - Minimum number of parking spaces.
18.06.080 & 18.44.066.050 (82 spaces required; 75 spaces proposed)
Z• That the requested waiver is hereby grante3 on the basis that
the parking demand study submitted by tlie petitioner indicated adequate
parking wil.l be provided and on the basis that the waiver will not cau~e an
increase in traffic congestion in the immediate area or adversely affect any
adjoining land uses and the variance wi.ll not be detrimental to the peace,
health, safety or general welfare of the citizens of Anaheim.
3. That the proposed iise will not adversely affe,t the adjoining
land uses and the growth and development of the area in ~ahich it is proFosed
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 welfare of the Citizens of the City of Anaheim.
#0495I
PC83-40
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anahei.m.
6. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed a~1d improved to carry
the traffic in the area.
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 FINDING:
That the Anaheim City Planning Commission has revi=_wed the proposal to permit
on-sale beer and wine in a proposed restaurant with waiver of minimum numbCr
of parking spaces on a rectangularly-shaped parcel of land consisting of
approximately 1.13 acres located at the northwest corner of Ball Road and Dale
Avenu~:, having frontages of approximately 275 feet on the nortY_ side of Ball
Road and 150 feet on the west side of Dale Avenue, and further described as
2801 West Ball Road, Suite 5; and does hereby approve the Negative Declaration
from the requirement to prepare an environmental impact report on the basis
that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negativa Declaration since
the Anaheim General Plan designates the subject property for general
commercial land uses commensurates with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no siqnificant individual or cumulative
adverse environmental impacts; and that the Negative Declaration
substantiating the foregoing findings is on file in the City of Anaheim
Planning Department.
NOW, TEiERnI'OP.~, BE I'~' F~ESOL~IED *_ha± the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon~
the following 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 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 prior to final building and zoning inspections, Condition No.
1, 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 expres~ly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part tnereof, be
declared inval.id or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and ary approvals here?n
contained, shall be deemed null and void.
_2_ PC83-40
~~.
THE FOREGOING RESOLUTION is signed and approved by me this 23rd day
of Pebruary, 1983.
/ ' /~
CHAIF2MAN, AHEIM CI' PLANNING COMMISSION
ATTEST:
--~ ~ "ld~,~.,.:,
SECRETARY~ p.NpHEIM CITY PLANNItIG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s5.
CITY OF ANAHEIM )
2, Edith L. Harris, Secretary of the Anaheim City Planning
Commi.ssion, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Comeiission held on February
23, 1983, by the following vote of the members thereof:
AYES: COMMI$SIONERS: HOUAS, BUSHORE, FRY, HERBST, ICSNG, LA CLAIRE
MC HURNEY
NOES: COMMISSIONEP.S: NONE
ABSENT: COMMISSION~RS: NONE
IN WITNESS 47HEREOF, 2 have hereunto set my hand this 23rd day of
February, 1983.
(~ [Yl~ ~C ~ ~'A.~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3' PC83-40