PC 79-196RESOLUTION N0. PC79~196
A RESOLUTION OF TfIE ANANEIt1 CITY PLANNING COMMISSION
THA7 PETITION FOR CONDITIONAL USE PERHIT N0. 2025 BE GRA~~TED
WNEREAS, the Anaheim Cfty Planning Commission did recelve a verTfied
PetTtion for Co~ditlonal Use Permit from M G D REALTY, ItIL., 8945 West Olympic
Boulevard, Beverly Hills, California. 90211, owner, and MOSTAFA EMAHI POURMOTLGHIAN~
1245 South Knott Stree[, Anaheim, California 92804, agenc, of certaln real property
situated in the Lity of Anahelm, County of Orange, State of California, described as:
That portlon of Lhe tlor[heast quarter of the Northeast quarter of
the Northeast quarter of Sectlon 22. ToHnship 4 South~ Range 11
West, in the Rancho Los Coyotes, In the City of Anaheim. Coun[y of
Orange, State of CalTfornia. as sald Section ts shc~m on a map
recorded in Book 51 Page 11 of Mlscellaneous Maps. In the office
of the County Recorder of said County, described as follows:
Beginnl~g at the 5outheast corner of the Northeast quarter of the
Northeast quarter. of the Northeast quarter of said Section 22;
thence West 462.00 feet; thence North to the North lTne of said
Section 22; thence East along said North ltne to the Southrresterly
line of thc right of way of the Los Angeles Inter-Urban Railaay;
thence Southeasterly alono said Southwesterly line of said right
of way to [he point of i~[ersection of the same with the Last line
of said Section 22; thcnce South to the polnt of beginning.
WHEREAS, the City Planning Canmisslon did hold a public hearing at the CTty
Hall in thc City of Anaheim on September 24~ 197Q. at 1:3~ P.m.. not(ce of sald
public hearing having been duty given as required by law and in accordance with the
provisions of the Anahelm Municipal Code, Chapter 18.03~ to hear and constder
evtdence for and against satd proposed conditlonal use permit and to investigate and
make findings and recommenda[lons in connec[ton therewith; and
HHEflEAS, said Carmtsslon, after due insnectlon, investigatlon and study made
by itself and in Its behalf, and after due consideration of all evidence and reports
oFfered at said hearin9, does find and determine the following facts:
1. That the proposed use is properly one for which a condittonal use
permit is authorized by Anaheim Hunlcipal Code Sectlon 18.44.050.01Q to wtt: to
permit on-sale beer and wine in an exlsting restaurant.
3. That the proposed ust, consisting of on-sale beer and wine tn
conJunctton with meals, will not adversely affect the adJolning la~d uses and the
growth and development of the area in which it is proposed to be located,
4, That the sizc and shape of the stte proposed for the use Ts adequatc to
allaw thc full development of the proposed use in a manncr not detrlmental to the
particular area nor to the peace. health, safety, and genera) Helfare of the CitTzens
of the City of Anahc(m.
PC79-196
5 That the granting of the Condittonal Use Permit under the conditTons
imposed. Tf any, wlll not be dctrimental to the pcace, heatth, safety and gencral
welfare of the CltTzcns of the Clty of Anahelm.
6. That the trafftc generated by the proposed use wtll not impose an undue
burden upon the streets and highways des(gned and Improved to carry the traffic tn
the nrea.
7, That no one lndicated theTr presence at satd public hearing in
oppositlon; and that no correspondence Nas recelved in opposition to the subJect
petTtlon.
ENVIRONMENTAL IMPACT FINDING: The Planning DTrector o~ his authorized
representative has determined that the proposed projec[ falls Hithin the deftnftion
of Categorical Exexnptlons. Class 1. as defined tn Paragraph 2 of the City of Anahelm
Envirorxnental Impact Report Guldellnes and ts, therefore, categorically exempt fram
the requirement to prepare an EIR.
NOV~ THEREFORE. BE IT RESOLVED that the Anaheim City Planning Commissian
docs hereby grant subJect Petttion for CondTttonal Use Permit. upon the folla+Tng
conditions Nhtch are hereby found to be a necessary prerequtsite to the proposed use
of the subject property in ordcr to preserve the safety and general -~elfare of the
CTtTzens of the Ctty of AnaheTm:
1. That subjec[ propercy shall be developed su5stantially in accordance
with plans and specifTcatlons on fTie wtth the City of Anaheim marked Exhibit Nos. i
and 2.
BE IT FURTHER RESOLVED that the Anahelm City Planning Commlsslon does hereby
flnd and determine that adoption of this Resolutlon is expressly predicated upon
applicant's compliance wTth each and ail of the conditions hereinabove set forth.
Should any such condTtion. or any part thertof~ be dectared Tnvalid or unenforceabte
by che fl~al Judgment of any court of competen[ Jurisdictlon. then this Resolutfon.
and any approvais herein contalned, shaff be deemed nufi and void.
THE FOREGOING RESOLUTION is signed and approved by me this 24th day of
September, 1979.
(r ~r~-~-c.. /- _ /~ a~-~-~~
LHAIRriAf1. ANANEIH CITY PLANNING COHMISSION
AiTEST:
SECRETARY; AHAHEIM CITY PLANNiNG COMMiSS10N
STATE OF CAL I FOR~~ IA )
COUNTY OF ORANGE ) ss.
CITY OF ANANEIM )
1. EdTth L. Harris, Secretary of the knaheim Clty Planning Commisston, do
hercby certlfy that thc forcgoing resolution was passed and adopted at a neettng of
-2- Pt79-igb
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the Anaheim C(ty Planning Commtsst~n held on September 24, 1979, by the following
vote of the membees thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY~ HERBST, KING. TOLAR
NOES: COMMISSIOtiERS: NONE
ABSENT: COMM15510NER5: NONE
(N kITNE55 iJHEREOF, I have hereunto set my hand this 24th day of Septembet~
1979.
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SECRETARY, ANAHEIM CI Y PLANNiNG COMMISSION
-3- PC79-196