Resolution-PC 95-93~
RESOLUTIUN N0. PC95-9a
A F~ESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS510N
TERMINATIN(a ALL PROCE~DINraS IN CONN~CTION WITM
CONDI'fIONAL USE PERMIT N0. 284
WHEREAS, on August 2Q, 1962 the Planning Commissian adopted Resolution Na. 455,
Series i~62-83, appraving Condttianal Use Permit No. 284 to permit a restaurant and cocktail lourige an
certain real property and subJect to c~rtain canditions of approual expressly describe~ and set forth in said
resolutfon; andp t„~ C` aC~~nc ontts own act UnCtoy ause relv e~w of tho Planning Com niss on dacis(onn
interested party tY
WH~R~AS, stabjoct property was orlc~lnaily ostablished as a r~staurant and cocktail lounge
in 1963, and was operated under the propric~toi~ship of th~ curront property owner ~f r~cord, Gack W~ey
Jung, as th~ Sampa~ p~~,sonR 5i~u aint, e~ abiished propriet.o9ship of thetrestau abpand cocktai918c9u gfek
Cadillac, Inc., dba E
WHEfiEAS, in July 1990 thirty si~nec! lettors of cam~l~int from adjacent residents were
submitted to the City Cauncil requesting Council to initiate an inv~stigation (nto the business operatfon
IocaCed an subject property (former PJnk Cad11laa Aesiaurant, ownod and ~perated by Pink Cadfllac, Inc.)
and to consider revoking the entertafnmont pe~mit issusd to said establishment because of M~anicipai Code
violations; and thmt as ~ resuit of the City's investigation, an entertainment permit for tha Pink Cadillac
RQStaur~ni was deni~d in September 1990.
WHER~AS, in October 199n Pink Cadiliac, Inc. applied for a business license and
entertafnment permit at the subjQCt propvrty under the name Ef Par~lso Restaurant; and Chat a ~ne year
entertainment permit was issued anci subsequsntly reissuad until March 1995, at which time the
entertainment permit was denisd based on numerous via!ations of thQ Anaheim Munfcipal Cade and the
California gusiness and Professions Ccxie•
WHEREAS, the subject propArty is currenty daveloped with tha Fl Paraisu Aestaur~nt, an
approximately 9,525 sc~,ft. two-stary restaurant and cocktail ~ounge, with second•story banquet facilities, in
the CL (Commercial, Limited) Zone.
WHE~EAS, on May 1, 1995 the Planning Commission set Conditional Use Permit No. 2~4
for public hearin~ to consider its cevocation or modification because the Code Enforcement Qivision of the
Planninc~ DE3partment nnd the Pa!ice DQpartment hacl re~eived num9rous complaints from residents living
near E! Paraiso RQSinuranr and said restaurant has an extensivQ histary of polic~ activity; and tt~at,
tl~erefore, the uso for which appraval was originally granted wa~ being oxercised in a manner whicr- ma,y
be detrlmentai to the pubNc health, poace s~.'~fety or goneral welfare, ar so as to constitute a pubiic nuisance.
WN~REAS, on June 16, 1995 the praperty c~wner af record, Gock Woey Jung, and the
holder, user and/or perim~of th~ dates placQ and tfine~ of th~rpublic hearifng t aconsider tho sevocation ~r
writin~, via certified ma ,
modifica'ion uf Conditianal Use PQrmit No. 284.
WHE~EAS, the City Planning Commission did hold a publlc hearing at ti~e C;ivic Cen4ar
in the City af Anahoim on July 10, 1995, at 1:30 p.m., nc~tice of said pubiic hearing having bChat er 18i 03
as rsquired by law and fn ar,cord~nce w(th the provisions of the Anaheim Municipal Code, p ~
to hear and consider ~vidence for ancl against said proposed rovocatton or modification and to investic~ate
and make findings and recommendations in connection thsroe-v'rth; and tha'. said pubiic hearing was
continued ta August 7, 1~~ Qrtun ~rto obitain c pies of Pal ce and/o~GtoderE f o~cement rQp~nstteo of
the subject property thti opP Y
.~ _ PC~J5-93
CR2aa8~M.WP
~ ~ition ta tha use at thp publfc hearing, and tl~at
WHEHi~AS, four people spok~ In oppos
lotters in oppositian and a potitlon wfth ~00 signatures in appositian was submittod;
WHER~~AS~sBf~Q s,derationnof all e idenco and eportsgoffered at sald h arng, do sifind
~nd in its behalf, and a
and determine the #nllowing facts:
~I , That the wse for which the appraved use was granted is being oxercised in such a manner as to
be detrimental ta the public health, peace, safety, and yeneral welfaro, and so as to constitute a
nuisance boc~usa, according to Anaheim Police Department and Code Fnforcement Divisinn
records, subJect property h~.s besn a continual source af c,omplaints and/or calls for police
servlGe; and that b~twQen January 1, 1990 and June 1, 1995 the Police t~epartment received 17a
c~lis for service rssulting in 46 arrests, fncluding. but not limited to: 98 Miscellaneous
Disturbances ~civil or domestic fights, audible alarms, and noise (excessivoj); eight
Assaults/Assaults anc~ Batteries; and six Deadly Weapons (Assault, Branclishing, and Shots firod);
ancl that between January 1, '1990 and June 1, 1995 the Coda Enforcement Divisfon receiveci over
30 citizen complaints resulting in Co~o vioidtions whir.h inalude, but aro nat lirnited to: excess(ve
nafse or vibrations fram music com(ng from the sub,~ect property; excessive noiso from patroris
loftering ln, or racing r,ar engines in the parking lot area; loit~ring in parking lot arQa during and
a~ter business hours; drunk in public; throwing trash and be~r bottles (n parking area ancl into
nefghborinc~ yards; and urinating in public.
2. That the use for which the approved use was granted is being exorcised in violation of S4ate or
local statutes, ordinancos, laws or rec~ulations.
3. That the use for which approval was ariginaily grantQd has cQased to ba exercised in substantial
conformance with such approved use, bacause: (c~) tho interior has beon romodeled and is
signifia~r~tly dffferent from tho floor plan origlnally approvvcl in conjunction with Conditional Use
Permit No. 284, specifically the "lounfle" area (previausly provid.inc~ a sit-down bar and open
seating area [no stag~]) is now equipped with a raisad stage with a roll-out platfcrm sxtension and
a stationary dance fioor and ~he northern dfning area (previously cont~inin~ four rows of fixed
booths) is now equippod with a larc~e sit-down bar, a raised stage w(th a roll-out platform
ext~+nsion, special effects stage Iic~htEng and a stationary dance floor which occupies approximat~ly
40~~b cf the room; (b) an admission fee being charged for entry to the premises; (c) th~ s~uth
dining raom ar~a has been observed to be closed for dining purposes and no foQd was boing
served; and (d) management has bQen observed encouraging female dancers (customers) tn
dfsrobe or atherwis~ expose specffied anatomical parts of their bodies, o; to perform a specified
sexual activity as definod in Section 18.89.020 (Sex Oriented Businesses - Dofinitions) of the
Anaheim Municipal Code; and that due to changed c(rcumst~ncos the facts necessary to support
one or more of the required shawings for the issuance af such entitiemen4 as set forth in Chapter
18.03 of tho Anaheim M9unicipal Cade no longer exfst, and that revocation of tho use ror which
approvl~ v~as grantad (s reason~bly necessary to protect tho publ(c poace, health, safety or
general welfare.
4. 7hat the use for which th~ approved use was originally granteci is being exercised in a mann~r
that resuits in an unduly high nt~mber of calis for service to the subjec- property, causiny a
disproportionate draw upon Police resources and the City's g~neral fund.
NOW, THEREFORE, BE IT F~ESULV~D that the Anaheim City Planning Commission does
hereby terminate all proweeclings ir~ cannection with Conditian~l Use Permit No. ?.84 on the basis of the
foregoinc~ findings.
BE IT FUFtTHER RESOLVED that Resolution No. 455, ~erias 1962-63, be, and the same
is heroby, declared null and voir~.
.2_ PC95-93
"~ ~
THE FOf~EG01NG RESOLU710N ~nras adopted at the ~'lanning Commissian meeting of
August 7, '19~5.
I~WOMAN, ANAHEIM Y PLANNIN~ COMMISSION
ATTCST:
~ ~~
SECRETARY ~ NAH IM GITY PL.ANNIN~ COIVIMISSIaN
STATE ~F CALIFORNIA )
COUNTY OF ORANGE ) ss.
VITY OF ANAHEIM )
I, Margarita Solorfo, Secretary of the Anaheim City I'lanning Commission, d~ hereb~~ certify
that the forogaing resolution was passed and adopted at a meotin~ of the Anaheim City Planning
Commissfon held on August 7', 1995, by the following voto of the members thereaf:
AYES: COMMISSIONERS: BOSTWICK, BUYDSI'UN, MAYER, MESSE, PERAZFI
NO~S: COMNIISSIOiv~RS: HENNIN~ER
ABSENT: COMMI~SION~RS: BRISTOL
IN WITNESS WHERFO~, I have hereunta set my hand this ~~~~ day of
~_, 1995. , .
~~~~., ~~s
S~CRE'fAFtY, ANAH~INI ~ITY PLANNING CvMMISSION
-3- PC85-93