Resolution-PC 97-173~ ~
RESOLUTION NO. PC97-173
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTIO COND TIONAL USE PERMIT NO. 3642CTION WITH
WHEREAS, on November 1, 1993, the Planning Commission adopted Resolution Na.
PC93-118 to approve Conditionai Use Permit No. 3642 and retain a restauranUnightclub expansion,
inciuding a public dance hall with on-premises sale and consumption of alcoholic beverages and with
waiver of minimum nur*iber of parking spaces at 1986 No~th State College Boulevard (JC Fandango
Restaurant and Nightclub); i~~t Condition No. 4 of said resolution specifies a one-year time limitation;
and that two 4ime extensions have been granted under Resoluiion Nos. PC94-162 and No. PC96-8, the
last one expiring on November 1, 1996; and
WHEREAS, the underlying property is developed with a commercial center in the CL
(Commercial, Limited) zone; that the Anaheim General Plan designates the properly for General
Commercial land uses; and that 1he property is located in the East Anaheim Planning Area of the
Cammunily Planninc~ Program.
WHEREAS, a representation of the prope~ty owner, has requested a time extension in
connection with Condition No. 4 to contint~e operation of the existing res~aurant and nightclub, including a
public dance hall with sales of alcoholic beverages for on-premises consumption; and that this request is
for a retroactive time extension from November 1, 1996.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 8, 1997, at 1:30 p.m., notice of said public hearing having been duty
given as ~~equired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findi~igs and recornmendations in connection therewith; and
WHEREAS, said Commission, after due.inspection, invesligation and study made by itself
and in its behalf, and after due consideration of all f~vidence and reports offered at said hearing, does
find and detertnine the following facts:
~, That Code Enforcement Division records indicate there are no outstanding Code
violations pertaining to the restaurant/nightclub operation; and that staff, therefore, recommends a one
year retroactive extension of 4ime for this use;
2. That subject use permit is being exercised substantially in the same manner and
in c~nformance with aN conditions and stipulations originally approved by the Planning Commission;
3. That subject use permit is being exercised in a manner not detrimental to 1he
particufar area and surrounding iand uses, nor to the public peace, healtli and safety and general
welfare;
4. That amendment to subject use pertnit, including the imposition of additionai
conditions, is necessary to permit reasonable operation under the permit as granted; and
5, That one person indicated their presence at said pubiic hearing spoke in
opposition; and that no correspondence was received in opposition to the subject petition.
-1- PC97-173
CR3128PL.DOC
~' ~
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed 1he proposal and does hereby find that the Negative Declaration
previousiy approved in connection with Conditional Use Permit No. 3642 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it hes considered the previously ap~roved
Negative Declaration together with any comments received duriny the public review process and further
finding on the basis ~f the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW THEREFURE BE IT RESOLVED that the Anaheim Planning Commission does
hereby amend Resolution No. PC93-118, adopted in connection with Conditional Use Permit No. 3642 as
amended by Resolution Nos. PC94-162 and PC96-8, as follows:
(i) That Condition No. 4 shall be amended to read:
4. That subject conditional use permit is hereby granted for a period of two (2) years,
retroactive to November 1, 199Fi and to expire November 1, 9998.
(ii) That the foilowing new conditions shall be added:
12. i hat within a period of thiriy (30) days from the date of this resolution, the access gates
leading inta the rear of the building shali be repaired.
13. That the access gates to the rear of the property shall remain closed during the evenings
and access shall be prohibited during that time, except du~ing periods of active loading
and unioading.
14. 7hat the on-site security officers shal! periodically monitor the rear of the property to
ensure that no loitering or illegai dumpiny occurs.
15. That within a period of (30) days from the date of this resolution, the property owner shall
submit a ietter requesting termination of Conditionai Use Permit No. 1685 (to permit on-
premises sale of beer and wine in an existing restaurant) and Conditional Use Permit No.
1655 (to permit on-premises sale of beer and wine in a proposed restaurant) to the
Zoning Division.
THE FOREGOING RESOLUTI0IJ was adopted at the Planning Commission meeting of
December 8, 1997. `~ .
~ , j ~
CHAIR ERSON, AN IM CITY PLANNING C MMISSION
ATTEST: ~,t,`l~ 1~ ~
ti(~ u,~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
_2_ PC97-173
~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 8, 1997, by ihe following vote of the members thereof:
AYES: COR4MISSIONERS: BOSTWICK, EiOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COAAMISSIONERS: MAYER / .
no~~
lN WITNESS WHEREOF, I have hereunto set my hand this ,0~~ _ day of
, 1997. C~
SE R~TA , ANAHEIM CITY PLANNING COMMISSION
-3 PC9 i -173