98-076RESOLUTION NO. 98R- 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING FINDINGS OF FACT AND,
BASED UPON SUCH FINDINGS OF FACT, TERMINATING
CONDITIONAL USE PERMIT NUMBER 3421.
WHEREAS, on ~une 17, 1991, the Planning Commission of
the City of Anaheim (the "Planning Commission") adopted its
Resolution Number PC91-89, to approve Conditional Use Permit No.
3421 to permit a public dance hall in conjunction with a
restaurant and cocktail lounge (the ~La Estrella Restaurant") on
the subject property at 500 North Brookhurst Street ("C.U.P. No.
3421"); and
WHEREAS, on August 22, 1995, the conditions of approval
for Conditional Use Permit No. 3421 were amended by the Anaheim
City Council by City Council Resolution No. 95R-158; and
WHEREAS, Condition No. 17 as set forth in Resolution
No. 95R-158 provides: "That the quarterly gross sales of
alcoholic beverages shall not exceed the gross sales of food and
other commodities during the same period;" and
WHEREAS, On November 13, 1996, the Planning Commission
set C.U.P. No. 3421 for public hearing to consider its revocation
or modification pursuant to the provisions of Section 18.03.091
of the Anaheim Municipal Code based upon numerous complaints the
Code Enforcement Division of the Planning Department and the
Police Department had received from residents living near the La
Estrella Restaurant, the restaurant has an extensive history of
police activity and was acting as a nightclub and not a
restaurant; and
WHEREAS, on February 19, 1997, the Planning Commission
held a duly noticed public hearing to hear and consider evidence
for and against the proposed revocation or modification of C.U.P.
No. 3421. Following an appeal another public hearing was held on
December 22, 1997; and
WHEREAS, on December 22, 1997, by its Resolution No.
PC97-178, the Planning Commission terminated C.U.P. No. 3421; and
WHEREAS, the owner of La Estrella, filed a timely
appeal of the Planning Commission's decision to terminate the
conditional use permit; and
WHEREAS, on January 13, 1998, by motion, the City
Council appointed a Hearing Officer to conduct a hearing on the
matter and make recommendations to the City Council pursuant to
Anaheim Municipal Code Section 1.12.110; and