Resolution-PC 99-121RESOLUTION NO. PC99-121
A RESOLUTIOy OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND CERTAIN CONDtTIONS OF APPROVAL OF
RESOLUTION NO. 30R-317, AS AMENDED, ADOPTED IN CONNECT~ON WITH
CONDITIONAL USE PERMIT NO. 3269
WHEREAS, on June 25, 1990, the City Council ~a~iopted Resolution 90R-31 % to approve
Conditional Use Permit No. 3269 and permit a public dance haR with the sale of a;coholic beverages for
on-premises consumption within a proposed restaurant at 501 ~09 South Brookhurst Street; and
WHEREAS, August 14, 1990, the City Council adopted Resolution No. 90R-317 to modify
the conditions of approvai to delete the requirement that the dance ha~i i.• operated in conjuncGon with a
restaurant; and
WHEREoS, on February 2, 1999, the Anaheim City Council adopted Resolution No 99R-
27 to deny a request to amend certain conditions of approv~l to expand the days of operation to include
everv day of the week but clarifying the p;,mitted holidays to permit the facility to operate on the eves of
Christmas Day, New Year's Jay and Vietnamese New Year's Oay instead of on the actual holidays; and
that Condition No. 12(a) of Resolution No. 90R-317, as amende~ by Resolution No. 99R-27, ~cates the
following:
12(a) That the business hours of operation shall be limited to the following:
Fridays: 9 P.M. to 1:30 A.M.
Saturdays: 9 P.M. to 1:30 A.M.
Sundays: 9 P.M to 12:30 A.M.
Holidays (as listed below): 9 P.M. to 1:30 A.M.
Christmas Eve, Thanksgiving Day, Memorial Day, Vietnamese Nevu Year's Eve,
New Yea~'s Eve, Labor Day, Easter Sunday, and Independence Day.
WHEREAS, this property is developed with a commercial center, including subject
business (The Ritz), in the CL(BCC) "Commercial, Limited - Brookhurst Commerciai Corridor Overlay"
zone; that the Anaheim General Pian designates this property for General Commercial land uses; and
that the property is located in the West Anaheim Commerciai Corridors Redevelopment Area; and
WHEREAS, the petitioner requests amendment or deietion of Condition No. 12(a) to add
three additional holidays (Christmas Day, New Year's Day and Vietnamese New Years Day) to the
previously-approved days of operation for the dance hall under authority of Sections 18.03.091 and
18.03.OS2 of the Anaheim Municipal Code; and
W~-!EREAS, the Ciry Planning Commission did hold a public heari~~g at the Cfvic Center in
the City of Anaheim on JulS~ 7, 1999 at 1;30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Niunicipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to (nvestigate and
make findings and recommendatians In connection therewith; and that the hearing was continued from
the meetings of June 7 and June 21, 1999; ,and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and (n its behaif, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed expansion of this use to add additional days of operation wiil further
intensify the impacts of this establishment on the adjacent singls-family residential homes and uses to the
west of this property.
CR3680PK.DOC -1- PC99-121
2. That this request to expand the days of operation for a b~isiness with saies of alcoholic
beverages for on-premises consumption is not conslstent with the gnais ;,f the West Maheim
Comme~cial Corridors Redevelopment Plan or the Brookhurst Commercial Corridor Overlay Zone.
3. That !h;s area has a crime rate 219% above the City of Maheim average, as indicated by
the Police DepartmanL
4. ;!•,at the proposed amendment to the condiGons of approval is hereby denied.
5. ' hat the existing use, if amended, will adversely affect the adjoining Iand uses and the
growth and de:~cioHment of the area in which it Is located.
6. That the size and shape of the site on wh(ch the use is located ls not adequate to allow
full development of the use, if amended, in a manner not detrimental to the particular area nor to the
peace, health, safety 2nd general welfare of the Citizens of the City of Anaheim.
7. That amending this conditional use permit would be detrimental to the peace, health,
safety and general welfare of the Citizens of the Citj of Anaheim.
8. That the traffic generated by the use, if amended, would (mpose an undue burden upon
the streets and highways designed and improved to carry ti±e tra~c in tF~e area.
9. That one person (representing W.A.N.D.) spoke in o~position to this request at said
public hearing; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anahefm City
Pianning Commission has revie~ied the proposal to amend certain conditions of approval and does
hereby find that the Negative Declaration previously approved in connection with this conditional use
permit is adequate to serve as the required environmental documentation tn conneclion with this request
upon finding that the declaratlon reflects the (ndepenuent judgment of the lead agency and that it has
considered the previously approved Negative Declaration together with any comments received during the
pubtic review process and further find'eng on the basjs of the initial study and any comments rece(ved that
there is no substantial evidence that the projeci will have a significant effect on the e;~vironment.
NOW, TH~REFORE, BE IT RESOLVED that the Anahe(m City Plann(ng Commission
does hereby deny subject Petition to amend Condition No. 12(a) of Resol ion No. 90R-317, amended by
Resolution No. 99R-27 and approved in conjunction with Co itional Use e rnit No. 3269 on the basis of
the aforementioned findings.
THE FOREGOING RESOLUTIO as atlo e" d'at th P aa~irfg Commission meetlng of
July 7, 1999. ~ - ~ ~ / .
l~ ~ ~ /
ATTEST:
SECRETARY, ANA EIM CITY NNI~ QMMISSION
CR3680PKDOC -2- PC99-121
STATE OF CALIFORNIA ) '
COUNTt' O-= CiRANGE ) ss.
C1TY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resoluUon was passed and adopted at a meeting of the Anaheim City Planning
i.ommission held on July 7, 1999, by the foliowing vote of the members thereof
AYES: COMMISSIONERS: BOYDSTUN, BRlSTOL, KOOS, NAPOLES, VAN~ERBILT
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: ESPINC
IN WITNESS WHEREOF, I have hereun:o set my hand this ~9~' day of
~, 1999.
. O~DK~'
SECRETARY, ANA IM CITY PLANNING COMMISSION
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