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98-076RESOLUTION NO. 98R- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING FINDINGS OF FACT AND, BASED UPON SUCH FINDINGS OF FACT, TERMINATING CONDITIONAL USE PERMIT NUMBER 3421. WHEREAS, on ~une 17, 1991, the Planning Commission of the City of Anaheim (the "Planning Commission") adopted its Resolution Number PC91-89, to approve Conditional Use Permit No. 3421 to permit a public dance hall in conjunction with a restaurant and cocktail lounge (the ~La Estrella Restaurant") on the subject property at 500 North Brookhurst Street ("C.U.P. No. 3421"); and WHEREAS, on August 22, 1995, the conditions of approval for Conditional Use Permit No. 3421 were amended by the Anaheim City Council by City Council Resolution No. 95R-158; and WHEREAS, Condition No. 17 as set forth in Resolution No. 95R-158 provides: "That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and other commodities during the same period;" and WHEREAS, On November 13, 1996, the Planning Commission set C.U.P. No. 3421 for public hearing to consider its revocation or modification pursuant to the provisions of Section 18.03.091 of the Anaheim Municipal Code based upon numerous complaints the Code Enforcement Division of the Planning Department and the Police Department had received from residents living near the La Estrella Restaurant, the restaurant has an extensive history of police activity and was acting as a nightclub and not a restaurant; and WHEREAS, on February 19, 1997, the Planning Commission held a duly noticed public hearing to hear and consider evidence for and against the proposed revocation or modification of C.U.P. No. 3421. Following an appeal another public hearing was held on December 22, 1997; and WHEREAS, on December 22, 1997, by its Resolution No. PC97-178, the Planning Commission terminated C.U.P. No. 3421; and WHEREAS, the owner of La Estrella, filed a timely appeal of the Planning Commission's decision to terminate the conditional use permit; and WHEREAS, on January 13, 1998, by motion, the City Council appointed a Hearing Officer to conduct a hearing on the matter and make recommendations to the City Council pursuant to Anaheim Municipal Code Section 1.12.110; and