PC 81-272RESOLUTION N0. PC81 -272
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2283 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from North American Investments, 1940 North
Tustin Avenue, Suite 100, Orange, California 92665, owners, and Tommy Razi,
21473 La Capilla, Mission Viejo, California 92691, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE LAND REFERRED TO IN THIS COMMITMENT IS IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM AND IS DESCRIBED AS
FOLLOWS:
PARCELS 1 TO 4 INCLUSIVE, AS PER MAP FILED IN BOOK 148, PAGES 8
AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 28, 1981, 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 for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection 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 which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: To
permit on -sale alcoholic beverages in a proposed restaurant.
2. That the proposed use is herehy granted subject to the petitioner's
stipulation at the public hearing that the alcoholic beverages shall be served in
conjunction with meals only and that there shall be no bar for the sale of alcoholic
beverages.
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 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.
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 Anaheim.
PC81 -272
6. That the traffic 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 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
reviewed the proposal to permit on -sale alcoholic beverages in a proposed restaurant
on a rectangularly- shaped parcel of land consisting of approximately 3.1 acres
located at the southwest corner of Ball Road and Gilbert Street (2424 -L West Ball
Road); 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 Negative Declaration since the Anaheim General Plan designates the subject
property for general commercial land uses commensurate with the proposal; that no
sensitive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant 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, THEREFORE, BE IT RESOLVED that 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 through 3.
2. That the sale of alcoholic beverages shall he in connection with the service
of meals only and their shall be no bar.
BE IT FARTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions herelnabove set forth.
Should any condition or any part thereof, be declared invalid 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.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day of
December, 1981.
CHAIRMAN PRO TEMPORE -�
ANAHEIM CITY PLANNING COMMISSION
- PC81 -272
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF 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 December 28, 1.981, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, FRY, -IERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of December, 1981.
1 G ,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC81 -272