PC 82-24,?.
RESOLUTIOrJ td0. PC82-21~
A RESOLUTION OF THE ANAHEIM CITY PLANPIIN~ CO~~MISSIOM
THAT PETITION FOR CONDITIONAL USE PERMIT tJO. 22~R 3E GpAyTED
WHEREAS~ the Anaheim Cfty Planntng Commission did receive a verifted
Petition for Conditlonal Use Permit from CHRIS DAGLAS, CT. AL., 4235 Dinsdales,
Downey~ California, ~0240, o~vners~ and ALI DERAKHSHANIAP:, 1~0 S. Brookhurst~
"D"~ Anaheim, Callfornia 92804, agent, of certain real prop=rty situated in the
City of Anahelm, County of Orange, State of California, descrlbed as:
THE SOUTH 150.00 FEET OF TfiE PIORTN 215 FEET OF TNE WEST 140 FEET
OF LOT 4 IN BLOCK "A" OF TRACT N0. 13. IN THE CITY OF ANAHEIM,
COUPJTY OF ORAN~E, STATE OF CAIiFQRNiA, AS PER MAP RECORDED IPI BOOK
9 PAGE 12 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF TNF CQUNTY
RECORDER OF SAID COUNTY~ SAID NORTH AND WEST DISTAWCES BEI~J~
McASURED TO THE CEFlTER LINES OF THE ST?EETS AOJ01!dlNr SAID LOT 0~~
THE tJORTH AND WEST,
EXCEPT THAT PORTIOr! THEREOF DESCRIBED AS FOLL~tJS:
BEGINNI~dr, AT POINT OPI TfIE NnRTHERLY LINE OF SAID LAND EASTERIY 60
FEET FROM THE NORTHWEST C~RNER THEREOF; THENCE WESTERLY ALOMr, cq~p
PARALLEL LiPIE T6 SAID NORTHtJEST CORNER; THENCE SQl1THERLY ALONR
SAID UEST LINE TO A LItJE PARALLEL WITH AND SOUT~tERLY 20 fEET FROM
SAID NORTH LINE; TNENCE EASTERLY 40 FEET ALONr, SAID NORTH LINE;
TNENCE NORTHFASTERLY OM A DIRECT LIME TO THE PQINT OF BEGItJFlING,
WIiEREAS, the City Planning Commission d(d hold a public hearing at the City
Hali in the City of Anaheim on February, 27, 1481, ~t 1:3~ n.n.~ rtatfce of said
pubiic hearing having been duly gfven as required by la~•i and in accordance with the
provistons of the Anahetm Municipal Code~ Chapter 18.03~ to hear and consider
evidence for and against said proposed conditional use permlt and to investigate and
make findings and recommendations in connection there~•~ith; and
WHEREAS, said Commission, after due inspection, Investigation and study made
by itself and in its behalf, and after due consideration of a11 evtdence and reports
offered at said hearing, does find and determine the followlnq facts:
1. That the proposed use is properly one for which a conditTonal use
permit is authorized by Anaheim Municipal Code Section 18.44,~5p,01n to wit: to
permit on-sale beer and wine in an existing restaurant with waiver ~f:
SEC710N 13.06.OG0,0231 - Minimum Number of Par-;tnq Spaces
_ requ re ; 29 extsting
2. That the requested waiver is hereby granted on the basis that there are
special circumstances app)icable to the property due to surroundings tn that the
petitioner stated at the public heartng that a large number of patrons are walk-tn
customers from the surrounding businesses~ thereby not requiring parking spaces; that
the restaurant is located in an existtng shopping canter «Ith a varlety of businesses
and customers needs for parking will vary~ and peak parktng demand ar111 seldom occur
concurrentty; and Lhat strict appl(cation of the Zoning Code deprives the property of
vicintt9es enJoyed by other properties under ldentical zoning classification in the
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PC82-24
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3. That the proposed use ~oill not adversely affect the adJoining land uses
and the growth and development of the area in o-~hich it is proposed to be located.
4. That the size and shape of the site proposecf 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 Clty o~f Anaheim.
5. That the granting of the Condittonal Use Permit under the conditions
imposed, if any, wi11 not be detrimental to the peace, health, safety .nd general
welfare of the Citizens of the City of Anahetm,
~. That the traffic generated by the proposed use ~vill 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 sald publtc heartng in
opposition; and that no correspondence o-ias received in opposition to the sub_ject
petition.
ENVIRONMEtdTAL IMPACT FItJDIF~G: The Planning Director or his authorized
rep~esentative has determined that the proposed pro.Ject falls within the deftnition
of Categorical Exemptions, Class 1, as deftned in the State EIR Guidelines and is,
therefore, catagorically exempt from the requirement to prepare an FIR.
NOW, THEREFORE, BE IT RESOLVED that the Anahe~m City Planning Commission
does hereby grant subject Petltion for Condttional Use Permit, upon the folloaitng
conditions ~vhich are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general ~~reifare of the
Citizens of the City of Anaheim:
1. That appropriate water assessm~nt fees as determfned by the Offtce of
Utilittes General Manager shall be paid to the City of Anaheim.
2. That the owner(s) of subject property shall pay to the City of Anahetm a
fee, in an amount as determined by the City Counctl, for street lightTng
along Brookhurst Street.
3. That Y.he owner(s) of subject property shall pay to the Ctty of Anaheim a
fee, in an amount as determined by the City Counctl, for tree planting
purposes along Brookhurst Street.
4. That subject property shall be developed substantially in accordance with
pians and specificatlons on file with the Ctty of Anahetm marked Exhfblt
Nos. 1 and 2.
5. That Condition Nos. 1, 2, and 3, above-menttoned, shall be complled with
prior to the commencement of the activity authortzed under this resolution,
or prior to the time that the building permtt is issued, or wtthin a pertod
of one year from date hereof, whichever occurs first, or such further time
as the Planning Commission may grant.
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BE IT FURTNER RESOLVED that the Anahetm City Planning Commtssion does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the condltions hereinabove set forth.
Should any such condition, or any pirt thereof, be declared invali~l or unenforceable
by the final judgment of any court of competent jurisdtctton, then this Resolution,
and any approvals heretn contained, shall be deemed nu)1 and vefd.
THE FOREGOIPJG RESOLUTION is signed and approved by me thts 22nd day of
February, 1982,
F.77EST:
SECRETARY, ANAHEIM CITY PLA NING COM~4ISSIOtJ
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Ed(th 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 Anahetm City Planntng Commission held on February 22, 1932, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE~ FRY, HERBST, KI~I!;~ MC BURNEY
NOES: COt1MISSIONERS: BOUAS
ABSENT: COMMISSIONERS: NONE
~r~ WITNESS WHEREOF, I have hereunto set my hand tliis 22nd day of February,
198z.
SECRETARY, A~dqHEIM C~ NNING COMMISSION
S''J.,~...~~ R "~v.~,...~+~
CHAIR~4AN, ANAHEIM CITY PLANNING COMMISSION
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PC82-24
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