Resolution-PC 97-178~ ~
RESOLUTION NO. PC97-178
A RESOLUTION OF THE ANAFiEIM CITY PLANNING COMMISSION
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3421
WHEREAS, on June 17, 1991, the Planning Cammission adopted Resolution No. PC91-89 to
grant Condilional Use Permit No. 3421 (permitting a public dance hall with waiver of minimum number of
parking spaces at 500 North Brookhurst Street); and that Condition No. 6 of said resolution limited the use to a
period of one year, to terminate on June 17, 1992; and that on August 12, 1991, Commission adopted
Resolution No. PC~J1-130 to amend the Iegai description contained in said resolution, nunc pro tunc;
WHEREAS, on June 15, 1992, the Planning Commission adopted Resolution No. PC92-75 to
amend certain conditions of approval in Resolution No. PC91-89, including amending Condition No. 6 to permit
the use for an additional three years, untii June 15, 1995;
WHEREAS, on August 22, 1995, the City Council adopted Resolution No. 95R-158 to amend
certain conditions of approval in Resolution No. PC91-89, as amended by Resolution No. PC92-75, inciuding
amending Condition No. 6 to permit the use until August 22, 1998;
WHEREAS, on February 19, 1997, the Planning Commission adopfed'Resolution No. PC97-17
to amend and add certain conditions of approval (pertaining to operation of tl~e business at 500 North
Brookhurst Street) to Resolution No. 95R-158; and that following ~ppeal of ;he Commission's decision, the
City Council referced the matter to a Hearing Officer to conduct a hearing and report back; and that on May
20, 1997, City Council adopted Resolution No. 97R-64, adopting the findings of fact and recommendations of
the Hearing Officer and amending certain conditions, including Condition No. 31, which granted a six month
time period (until November 20, 1997) at which time a progress report would be given to the P!anning
Commission pertaining to compliance with the conditions of approval and ail ~ ules and reguiations.
WHEREAS, subject property is currently developed with a 9,470 sq. R. buiiding (La Estrella
Restaurant) and is zoned CL (Commercial, Limited).
WHEREAS, Rick A. Blake, agent for La Estrella Reslaurant, has requested modification or
deletion oi Condition No. 31, pertaining to the time limitation for the use, to retain the existing restaurant with
sales of alcoholic beverages for on-premises consumption and a public dance hall.
WHEREAS, the City Planning Commission did hold a public h~aring at the Civic Center in the
City of Anaheim on December 22, 1997 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 proposed conditional use permit and to investigate and make
findings and recommendations in connection therewith: 2nd
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behaif, arsd after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
?. That the us2 permit, as grar,ted, is being, or recently has been, exercised contrary to
the terms or conditions of such approval, ur in violation of any stature, ordinance, ~aw or regulation because
subject restaurant is still being utilized as a nightclub; that Police Department and Code Enforcement Divisian
sfaff investigation indi~~ates that this business is being operated as a nightclub with limited, if any, restaurant
services,
-1- i'C97-178
CR3137PL.DOC
~ ~
2. That food service is required by the conditions of approval which allow the public
dance hall (restaurant with puhlic entertainment); and that a nightclub, as defined by Anaheim Municipal Code
Section 18.01.150, is "an establishment, other than a cocktail lounge, wherein the primary use is the sale ofi
alcoholic beverages for consumption on 1he premises, with or without food service, from which minors are
excluded by law, which requires a'public premises'-type license issued by the Califomia Department of
Alcoholic Beverage Control, (ii) provides music and /or live enteRainment for patrons, (iii) is regulariy open to
1he public upnn che payment of a cover charge or admittance fee and (iv) is not a Sex-Oriented Business, as
defined in Sec4ion 18.89.020 of this Code.
3. That Code Section 18.44.050.207 requires approval of a conditional use permit for a
nightclub and prohibits a nightclub within 400 feet of any resideniiai use, and that subject property is located
approximately 60 feet from apartments zoned RM-1200 (Residential, Multipie-Family) to the s~uth across
Alameda Avenue and to the east across Vailey Street;
4. That Police Depariment repo~ts and surveys of residents in the area indicate that the
conditional use permit has been ex~rcised in a way which is detrimental to the pubiic health and safety and so
as to constitute a nuisance to the surrounding uses, which include residentiai properties; and
$. That no one indicated their preser.cQ at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to amend certain conditions of approval of Conditiona! Use Psrmit No.
3421 and does hereby find that the Negative Declaration previously approved in connecYion with subject
conditional use permit is adequate to serve as the required environmental documentation in connection with
this requesi.
NOW THEREFORE BE i i RESULVED that based on the foregoing findings and the Staff Report to
the Planning Commission dated I~ecember 22, 1997, including the attachments thereto, the Anaheim City
Planning Commission does hereby terminate Conditionai Use Permit No. 3421.
THE FOR~~C''r.~' ~= FSOLUTION was adopted at the Planning Commission meeting of
December 22, 1997. - '
' < ~~ -~l'.- <~~-~L~iG~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSIO~I
ATTEST:
~~ ~~~.au~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
_2„ PC97-178
~ ~
STATE OF CAL~FORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, Margarta Solorio, Secretary of the Anaheim City Planning ~ommission, do hereby certify
that the foregoing reso!ution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on December 22, 1997, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BQSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
F16SENT: COMMISSIONERS: MAYER
!N WITNESS WHEREOF, I have hereunto sei my hand this ~~ day of ~
1998. n _
SECRET RY, ANAHEIM CITY PLANNING COMMISSION
-3- PC97-178