Resolution-PC 97-115~ ~
RESOLUTION NO. PC97-115
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAI~1 CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC96-101 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2090
WHEREAS, on June 20, 1980, the Planning Commission adopted Resolution No. PC80-92
to approve Conditional Use Permit No. 2090 and permit a public dance hall in conjunction with a restaurant
for a period of one year; and that ten time extensions of time have been granted with the last to expire
on August 27, 1997; and
WHEREAS, on September 30, 1996, the Planning Commission conducted a public hearing
and adopted Resolution No. PC96-101, amendi~g Resolution No. PC80-92 to include the following
conditions of approval:
10. That the public dance hali use shall expire on August 27, 1997. Any request for extension
of time must be received and approved, prior to August 27, 1997, or the public dance hall
use shall no longer exist at this location.
11. That if the pubiic dance hail use expires, the public dance hall will no lunger be permitted
because said use is not pemiitted in Qevelopment Area 3"La Palma Core" of Specific Plan
No. 94-1 "the Norlheast Area Specific Plan" in which zone subject property is focated.
WHEREAS, subject property is developed with a restaurant/public dance hall (The Shack),
including on-premises sale and consumption of alcr~holic beverages and live entertainment; that the
property is located at 1160 No~th Kraemer Boulevard ~•~ Development Area 3"La Palma Core Area" of the
Northeas: Area Specific Plan (Specific Plan No. SP94-1); that the property is also located in Project Alpha
of the Northeast Redevelopment Area; and that the General Plan designates the properry for General
Industrial land uses.
WHEREAS, Alison Sanders (owner of the business) has requested a one-year time
extensioR to con4iHl1~ oP~~~91~ restaurant/public; dance hall.
.~~~AS, Nhe ~'dy Planning Commission did hold a public hearing at the Civic Center
jm (PJ~@~~ity 01 A~~S~~ a~ August 1g, .1997, at 1:30 ~.m., notice of said public hearing having been duly
~gfv~; as rTe.qu1G~ by' ~~W fl~~ ~~~~Ce `"ith the provisions of the Anaheim Municipal Code, Chapter
18 m3; ts near and ceo~gi9~r ~fd~~ ~~vr an~ against said proposed amendment and to investigate and
,make fini~fn'~~ ef1A i f@60DnR1@r"d~tions in co~lection therewith; and
qNlif~ rREAS,. ~~i~ Ct~lnmission, after due inspection, investigatior~ and study made by itself
~r,d in ~, beh~f., and ~('l@:~ due consideration of all evidence and reports offered at said hearing, does
11nd ar?~ ,~a1~Ifl4~',Ine qlte fallawing facts:
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CR3021 MS.WP
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1. That ihe requested amer~dment or deletion of Condition No. 10 pertaining to a time
limitation to retain an existing 5,400 sq.ft. restauranUpublic dance hall with sales of alcoholic beverages
for on-premises consumption and live entertainment was made under authority of Code Section
18.03.093.041 and 18.03.093.042 of the Anaheim Municipal Code;
2. That the business has been open under new management since December 1996 and
has complied with the conditions of approval;
3. That testimony given during the public hearing, including the Staff Report to the Planning
Commission ~ated August 18, 1997, indicates there are no outstanding Code violations or complaints
pertaining to the business or the property and that there has been a significant decrease in the number
of service calls to the property since the cuRent business owner has managed the facilirj; and that,
therefore staff in the Planning Department, Poi~ce Department and Community Development Department,
recommended approval of the time extension of time with no other changes being made to the existing
conditions of approval;
4. Tnat subject conditional use permit is being exercised in a manner not detrimental to the
particular area and suROUnding land uses, nor to the public peace, health, safery and general weifare;
and that the time extension is necessary to continue the public dance hall portion of the restaurant; and
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim ~ity
Pianning Commission has reviewed the proposal and does hereby find thai the Negative Declaration
previously approved in :.onnection with Conditional Use Permit No. 2090 is adequate to serve as the
required environmental documentatian in connection with this request upon finding that the declaration
reflects the independent judgement of the lead agency and that it has considered the previously
approved Negative Declaration together w+th any comments received during the public review process
and further finding on the basis of the initial study and any comments received that th~re is no
substantial evidence that the project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Pianning Commission does
hereby amend Condition No. 10 of Rssolution tJo. PC96-101, as adopted in connection with Conditional
Use Permit No. 2090, which amended Resolution No. PC80-92 to read as follows:
"10. That the public dance hall use shall expire on August 27, 1998. Any request for
extension of time must be received 2~nd approved, prior to August 27, 1998, in order to
retain any legal non-conforming status of its locatian, or the public dance hall use shall
no longer exist at this location.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 18, 1997.
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CHAIRPERSON, ANAHEIM CITY I'LAN ING COMMISSION
ATTEST: ~
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SECRETA~Y, AN HEIM CITY PLANNING COMNIISSION
_2,. PC97-115
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita 8olorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plan~ing Commission
held on August 18, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN 1~VITNESS WHEREOF, I have here~nto set my hand this ~ day of
, 1997. ~~~~'-~
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SECRETARY, A HEIM CITY PLANNING COMMISSION
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