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98-218RESOLUTION NO. 98R-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO NOT REINSTATE CONDITIONAL USE PERMIT NUMBER 1594. WHEREAS, on January 5, 1976, the Planning Commission of the City of Anaheim (the "Planning Commission") adopted its Resolution Number PC76-5, to approve Conditional Use Permit No. 1594 to permit a restaurant with on-premises sale and consumption of alcohol on the subject property at 500 North Brookhurst Street ("C.U.P. No. 1594"); and WHEREAS, on May 20, 1997, the conditions of approval for Conditional Use Permit No. 1594 were amended by the Amaheim City Council by City Council Resolution No. R97-64; and WHEREAS, condition of approval 19 provides the following: "That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and other commodities during the same period." WHEREAS, On November 13, 1996, the Planning Commission set C.U.P. No. 1594 for public hearing to consider its revocation or modification pursuant to the provisions of Section 18.03.091 of the Anaheim Municipal Code because the Code Enforcement Division of the Planning Department and the Police Department had received numerous complaints 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. 1594. Following an appeal another public hearing was held on May 11, 1998; and WHEREAS, on May 11, 1998, by its Resolution No. PC98- 77, the Planning Commission denied La Estrella Restaurant's request to reinstate Conditional Use Permit No. 1594; and WHEREAS, the owner of La Estrella, filed a timely appeal of the Planning Commission's decision to not reinstate the conditional use permit; and WHEREAS, on June 9, 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 WHEREAS, a Notice of the Public Hearing before a Hearing Officer regarding the appeal of the Planning Commission's decision was duly given by the City Clerk; and