Resolution-PC 2002-96~ ~
F~ESOLUTION NO. PC2002-96
A RESOLUTION OF' THE ANAHEIM CITY PLANNING COMMISSION
THAT THE REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 2670 BE DENIED
WHEREAS, on Apri~ 1, 1985, the Anaheim City Planning Commission, by Resolution No.
PC85-84, granted Conditional Use Permit No. 2670 to permit on-sale alcoholic beverages in a semi-
enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6 of said resolution specifies
that the hours of operation shall be limited to 11:00 a.m. to 11:00 p.m., seven days a week; and
WHEREAS, the property, located at the southeast corner of La Palma Avenue and
Mohican Avenue, is developed with a restaurant (EI Patio Restaurant); that the zoning is CL
(Commercial, Limited); and that the Anaheim General Plan Land Use Element designates the property
for General Commercial land uses; arnd
WHEREAS, Aurora Angel, representing the business owner, has submitted a letter
requesting an amendment to the above-mentioned Condition No. 6 to increase the daily hours of
operation and permit the use from 11 a.m. to 2 a.m. (instead of from 11 a.m. to 11 p.m.), and to permit a
public dance hall as an accessory use to the existing semi-enclosed restaurant with on-sale alcoholic
beverages; and that "public dance ha91" is defined in subsection .010 of Section 4.16.010 (Definitions) of
Chapter 4.16 (Amusement and Er~tertainment Premises - Dances) of Title 4(Business Regulation) of the
Anaheim Municipal Code as "a place apen to the public upon the payment of an admittance fee, wherein
music is provided for patrons to dance, which is so open at regular intervals or on regular days of the
week"; and _
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 25, 2002 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 hear and consider evidence for and against said requested amendment and to investigate and
make findings and recommendations in connection therewith; and that the hearing was continued to the
May 20 and June 17, 2002 Planningi Commission meetings; and
WHEREAS, said Cormmission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following'facts:
1. That the request to artnend Condition No. 6 of Resolution No. PC85-84 to increase the
daily hours of operation to permit the an-premises sale and consumption of alcoholic beverages in a
semi-enclosed restaurant from 11 a.m. to 2 a.m. (instead of from 11 a.m. to 11 p,m.) is authorized by
Anaheim Municipal Code Section 18.0~3.091.
2. That the proposed ~us~ is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.0285 to wit: to permit a public dance hall as an accessory
use to the existing semi-enclosed restaurant with on-premises sale and consumption of alcoholic
beverages in the CL "Commerciai, Lirnited" Zone.
3. That the proposedl amendments to this conditional use permit, consisting of an
amendment to the hours of operation and adding an accessory use, are hereby denied on the basis that
the Anaheim Police Department indlicates a significant above-average crime rate for the Reporting District
in which this property is located (245p/o above the city average); and that since February 2001, the Police
Department has received 29 calls for service at this property, including 10 party/music disturbances.
Tracking No. CUP2002-04517
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4. That the restriction to the hours of operation was one of the principal reasons that led to
the original approval of Conditional Use Permit No. 2670 due to the location of the restaurant in relation to
the surrounding residential neighborhood.
5. That approval of the proposed combination of on-premises sale and consumption of
alcoholic beverages, a public dance hall, increased hours of operation, and the existing high crime rate in
the area would be detrimental to the peace, health, safety, and general welfare of the citizens of the City
of Anaheim due to the location's proximity to residential neighborhoods to the south, west and southwest.
6. That approval of the proposed amendments to Conditional Use Permit No. 2670 would
adversely affect the adjoining land uses and the growth and development in the surrounding area.
7. That the size and shape of the site for proposed use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
8. That the traffic generated by the existing use, as proposed to be amended, would impose
an undue burden upon the streets and highways designed and improved to carry traffic in the area.
9. That one person spoke in opposition to the subject request; and that no correspondence
was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of Califomia Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny the request to amend Resolution No. PC85-84, adopted in connection with Conditional
Use Permit No. 2670, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 2002.
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CHAIRPER N, AiVAHEiM Ci LANNiNG COMMISSION
ATTEST:
~~a.--~,-- ~,~~.-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, Senior 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
Planning Commission held on June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~a~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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