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PC 72-144~ ~ . .~ RESOLU'fION N0. PC72-144 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF 3Zi CITY OF ANAHEIM THAT PETITION FOR CONDITIONAL USE PERMIT BE DENIED NHEREAS, the City planning Commission of the City of Anaheim did ieceive a verified Pe[ition for Con- ditional Use Permit from L4WRBNC~ fI0ROWITZ, Post Office Bux 1108, Newport Beach, California 92663, Owner; TAN RY~1N, 2584 Weatminster ivenue, Costa Mesa, California 92627, Agent of certair, real property aituated in the City of Anaheim, County of Orange, State of Califor- nia, as described in Exhibit "~1" attached hereto and referred to herein as though set forth ir. full ; end WHERF.AS, the City Planning Commission did hold e public hearing at the City Hall in tlte City of Aneheim on .I „ne [G, 11 i 2, et 2:00 o'clock P.M., notice oE seid public hearing heving been duly given as required by law end in eccordance with the provisions oEthe Aneheim Municipal code, Chapter 18.64, to hear and consider evidence for end ageinst snid proposed conditional use and to investigete end meke findings and recommendations in connection therewith; and ~ WHEREAS, said C~mmission, efter due inspection, investigetion, end study made by itselE and in its be- half, end after due consideretion of all evidence end reports o[feced et seid hearing, does find end determine the follo~ving [ncts: i. That the proposed use is properly one ft r which a Conditionel Use Permit is authorized by Code Section 18.4U.060(g) to wic: earablish e beer bar. 2. Tt~at thP propoeed use will adversel~~ affect rhe &dJoining Land uses and the growth and develupmer:c of ~i~e area ii. wiii.ch it is proposed to be located. 3. 'Ct~o~ tiie grantirig of tlie Condi[ional Use Permic will be detrimental to the peace, hea'LCh, sal'ety ar.d genersi welf:are o1° the Cltizens of che CiCy of Anaheim. 4. Tli~t che propoaed use is incompaCible with other user~ in a small shopping center Lri that craffic from the propoaed use could be detrimen~al to pedestrians, 5. That aithough che petitio:,er might be operating a very r.espectable eatablishment, ~e use goes witt~ the 1.8nd a:id there is no asaurance thet the business would remain under te~ proaon23 o,~era~or's jurigdictior., and c~uld be leased to less desirable tenants. CI-D ' 1' ~ .~ ~ ~ SCHLI~ULE A LOT llUOK GUARANTL•E• The assutanccs refortcd ta on thr facc pagc a:c: . 25140-21 ~X.Filt~l .~ ~ `,~ That, accurding ro the Company's propcrty remrds rclati~•c to the (ollna•ing dcsctibcd mal prnpcrly (but w~thout examination of those Company motds maintained and indczed by namc): See attached ~xhibit "A" A. The last rccordcd inslrument purponing to ttansfu tide to said real prnpcrty is: Quitclaim Deed in favor of Lawrence Howard 1Horowitz, a married man, a~ his sole and separate property, recorded January 29, 1971 in Sook 9531, Page 370 of OEficial Records, as Instrument No. 16264. R~7'herc nre no mnrtgaFcs or dreds of uun whicli purport ro alfcct soid rtal pmpcny, nthcr than ~hose ahown below undee Gxceptinns. No guarantee is mndc regarding eny lirns, daims of lien, defects or encumbrances olher than those spttifically provided (or elx~ve, on;l, i( information was requesced by re(ercnce m a succt addrcss, no Fuarantcc is m~de Ih~t s~id teal property is tlie samc as sil~~ ~ddrees. Exccptinns: 1. DE~D OF TRUST to secure an indebtedness of $60,450.00, anei any other amounts payab.le under•the terms thereof, dated January 27, 1971, recorded January 29, 1971 in IIook 9531, Page 372 of ~fficial Records, as Instrument No. 16265. , Trustor: Lawrence Howard Horowitz, a married man ,.as his ~-71e ~nGl separate property, .,;>'iy ~~~tia3~, Trustee: Pirst California Title ~ompany, a ~~lifornza C~zporatiui;'.• Beneficiary: Arnold J. Provisor, a married m~ i+n,'j~s ~~~s "s~'~ole anc~ separate property. ~, RzGF'Vgp ~i u `~'.a °~~ `rok .c`N! COP~ID. U5L- PC~'~1i i N~.__.(~~ Form l~a. 3)n, I ~ 11 " 25140-21 ~XHII3TT 7~ ~ All that rcal property located in the State of California, County of Orange, City oi Anaheim, described as follows: ~ ~All that certain real property situated in the Rancho Los Coyotes, described as beginning at the Southeast corner of Section 15, Town- ship 4 South, Range 11 West, San Bernardino Base and Meridian and running thence South 89 degrees,36' West 248.0?. feet to a point; thence North 53 degrees 24' West along the Pacific Electric Rail-• road, right of way 521.61 feet to a point; thence North 0 degreee~ 13' West 72.95 feet to a point; thence North 89 degrees 36' East 222.3 feet more or less to its intersection with a lin~ parallel with the ~ast line of said section and distant Westerly 443.00 feet measured at right angles from said Easterly ].ine of said section,, said intersection be~ng the true point of begin;iing of ~his de- scription; then~e parallel with said East line, South 0 degrees 15' 45" East 170.00 feet; thence North 89 degrees 36' East 240.00 feet; thence parallel with said ~ast line South 0 degrees 15' 45" East 163.74 feet more or less to a line parallel with and distant 53.00 feet Nartherly measured at right angles from the course hereinbe- fore described as having a bearing and length of South 89 degrees 3G' West ?.48.02 feet; thence para~lel wi~h said course, North 89 degrees 36' L•ast 20.00 feet to the Westerly line of the Easterly 183.00 feet of said s~ction; thence along said Westerly linc, Nar.th 0 degrees 15' 45" West 163.74 feet to a line parallel with and dis- tant Southerly 170.00 feet measured at right angles .from the East- erly prolongation of that cerh.ain course described above as having a bearing and length of Nort}-~ a9 degrees 36' East 222.3 feet; thence along ~aid parallel line North 89 degrees 36' ~ast 130.00 feet to a line parallel wit~ and distant Westerly ~3.00 feet measured at right angles from said Easterly line of said section; thence along said last described parallel line North 0 degrees 15' 45" West i?0.00 feet to a line which Uears North 89 degrees 36' East and vi~ich passes through the true point of beginning thence along said last mentioned line, South 69 degrees 36' West 390.00 feet to th~ true point of beginning. COND. ~S~ PE~~~~T -~:~.._.~.~a~.,._...... .... r u NOW, THEREFORE, HE 1T RESOLVED thet the Anaheim City Plenning Commiselon dnes hereby dmy subject Petltlon for Conditlonel Use Pertn!t ~n the besls of the eforemer.tloned Eindings. TFSE FOREGOIIVG RESOLUTION ls slgned end epproved by me this oth dey of July, 1972. ~ '~~i%~'~Q~/X~ CHAIRMAN ANANELAt CITY PLANNING COMMISSION ATTEST: ~,/~/"~'~" ~~~' "`"' - SECRETARY ANAHEAI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 88• CITY OF ANAHEIM ) I, Ann Krebe, Secretery of the City Planning Cornmissfon of the City of Anuheim, do hereby certify thet the fore- going resolution wes peased and adopted et a meeUng o[ the City Planning Commiesion of the City of Anehelm, held on JLr,e 26, 19 i 2, et 2:00 o'clock P.M„ by the [ollowing vote ot the membera 4i~creof: AYES: COMMISSIONERS: ALLRED, FAR.1N0, GAUER, HERB5T, tiAYW00D, SEYMOUR. NOGS: COMMIS510NERS: ROWLAND. ABSENT: COMMISSfONERS: NONE. IN WITN&SS WHEREOF, I heve hereunto set my hend thle 6th day of July, 1972. Ci~ / ~" ~•c.r^'ai - SECRETARY ANANEIM CiTY pLANNING COMMISSION RESOLUTION NO.PC72-144 C2-D '~