Resolution-PC 99-141RESOLUTION NO. PC99-141
A RESOLUTION OF THE ANAHEIM CITY PLANNING COM~AISSION
kEINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWiTF~
WHEREAS, on June 2, 1980, the Anaheim City Pianning Commission adopted
Resolution No. PC8J-92 to approve Conditional Use Permit No. 2090 for a period of one year and permit
a pubic dancing facility in conjunction with a restaurant at 1160 North Kraemer Boulevard; and that said
resolution has subsequently been amended and several time extensions have been approved; and
WHEREAS on September 30, 1996, the Planning Commission conducted a public
hearing to consider revocation or modification ofi this conditional use permit; and that Commission
adopted Resolution No. PC96-101 to amend the use permit, including the following amended conditions of
approval:
10. That the public dance hall use shall expire on August 27, 1997. Any request for
extension of time must be receEved and approved prior to August 27, 1997, or the
public dance hall use shail no longer exist at this location.
11. That if the public dance hall use expires, the pubiic dance hall will no longer be
permitted because said use is not permitted in Development Area 3"La Palma
Core" of Specific Plan No. 94-1 "the Northeast Area Specific Plan" in which zone
subject property is located.
WHEREAS, the most recent time extension was approved by the Planning Commission
~t a public hearing on August 3, 1998, under Resolution No PC98-118, including the foliowing amended
condition of approval:
10. That the public dance hall use shall expire on August 27, 1999. Any request for an
extension of time must be received and approved prior to August 27, 1999, in order to
retain any legal non-conforming status of its location, or the public dance hall use shall no
longer be permitted at this location.
WHEREAS, this property is developed with a restaurant/public dance ha~~. (The Shack) in
Development Area 3(La Palma Core Area) of Specific Plan No. 94-1 (the Northeast Area Specific Plan);
that the .4naheim General Plan designates this property for General industria~ iand uses; and that the
property is located in the Project Alpha Northeast Redevelopment Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the existing public dance hall and sale of alcoholic beverages for on-premises consumption and live
entertainment pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 2, 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 Municipal Code, Chapter 18.03,
to h?~r and consider evidence for and against said proposed condit;onal use permit and to investigate and
make findings and recommendations in connection therewith; and that the hearing was continued from
tne Commission meeting of July 7, 1999; and
WHEREAS, said Commissiori, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of aIi evidence and reports offered at said hearing, does find
and determine the following facts:
CR3704PK.DOC -1- PC99-141
1. That this ~~~ is not listed in the Zoning Ca'e as a conditionally permftted use, but that it is
a legally nonconforming use which was condiUonally permitted prior to rezoning of the property to
Development Area 3(La Palma Core Area) in the Northeast Area Specific Plan (SP 94-1).
2. That reinstating and amending the use will not adversely affect the adjoining land usgs
and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as reinstated and amended, is adequate
to allow full development of the use in a manner not detrirnental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the use, as reinstated and approved, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That the granting of this reinstatement, under the conditions imposed, will not be
detrimental to the peace, health, satety and general welfare of the citizens of the Cir~ of Anaheim.
6. That one concemed person spoke at the public hearing; and no one indicated their
presence in opposition; and that no conespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use P~rmit No. 2090 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 has considered the previously approved
Negative Declaration together with any commen4s received during the public review process and further
finding on the basis of the initiai study and any comments received that there is no substantial evidence
that the proposai wili have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOWED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC80-92, adopted in connection with Conditionat Use Permit No.
2090, as amended, to rain~tate this conditionai use permit for a period of six (6) months and to amend
Condition Nos. 9 and 10 therein to read as follows:
9. That the property owner shall pay the cost for Code Enforcement inspections,
once each month, during the next six (6) months.
10. That the public dance hall use shall expire on February 2, 2000. Any request for
an extension of time must be received and approved prior to February 2, 2000, in
order to retain any legal non-conforming status of this public dance hall or its
location.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new conditions:
16. That within a period of two (2) months from the date of this resoiution, the owner
shall obtain building permits for the existing patio area on the west side of the
building facing Kraemer Boulevard.
17. That food service shall be available at all times when this business is open.
18. That the security guards shall wear a uniform or appropriate attire to idertify them
as security guards.
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THE FOREGOING RESOLUTlON was adopted at the Planning Commiss(on meeting of
August 2;1999.
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CNAIRP~~I~3C~N, P.NANEIM ITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEI CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, Marg~arita Solorio, Secretary of the Anaheim City Plannfng Commission, do hereby certify
that the foregoing resalution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 2, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: KOOS, VANDERBILT
ABSENT: COMMISSIONERS: ESPING
/l„ N WITNESS WHEREOF, I have hereunto set my ha~d this ~ day of
(~w , 1999.
~~.G/~ ~a~
, SECRETARY, AHEIM CITY PLANNING COMMISSION
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