98-218RESOLUTION NO. 98R-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM TO NOT REINSTATE CONDITIONAL USE
PERMIT NUMBER 1594.
WHEREAS, on January 5, 1976, the Planning Commission of
the City of Anaheim (the "Planning Commission") adopted its
Resolution Number PC76-5, to approve Conditional Use Permit No.
1594 to permit a restaurant with on-premises sale and consumption
of alcohol on the subject property at 500 North Brookhurst Street
("C.U.P. No. 1594"); and
WHEREAS, on May 20, 1997, the conditions of approval
for Conditional Use Permit No. 1594 were amended by the Amaheim
City Council by City Council Resolution No. R97-64; and
WHEREAS, condition of approval 19 provides the
following: "That the quarterly gross sales of alcoholic beverages
shall not exceed the gross sales of food and other commodities
during the same period."
WHEREAS, On November 13, 1996, the Planning Commission
set C.U.P. No. 1594 for public hearing to consider its revocation
or modification pursuant to the provisions of Section 18.03.091
of the Anaheim Municipal Code because the Code Enforcement
Division of the Planning Department and the Police Department had
received numerous complaints 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. 1594. Following an appeal another public hearing was held on
May 11, 1998; and
WHEREAS, on May 11, 1998, by its Resolution No. PC98-
77, the Planning Commission denied La Estrella Restaurant's
request to reinstate Conditional Use Permit No. 1594; and
WHEREAS, the owner of La Estrella, filed a timely
appeal of the Planning Commission's decision to not reinstate the
conditional use permit; and
WHEREAS, on June 9, 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
WHEREAS, a Notice of the Public Hearing before a
Hearing Officer regarding the appeal of the Planning Commission's
decision was duly given by the City Clerk; and