Resolution-PC 98-118RESOLUTfON NO. PC98-118
A f2ESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING ~ERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO, PC80-92
(AS AMENDED), ADOPTE~ IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2090
WHEREAS, on June 2, 1980, the Anaheim City Pianning Commission adopted Resolution
No. PC80-92 to approve Conditional Use Permit No. 2090 and permit a public dancing facility in
conjunction with a restaurant at 1160 North Kraemer Boulevard for a period of one year; and that said
resolution has been amended and a number of time extensions have been approved, ;he latest to expire
on Augu~t 27, 1998; and
WHEREAS, on August 18, 1997, the Planning Commission adopterJ i2esolution No. PC97-
115, which includes the foilowing amended condition of approval:
10. That the public dance hall use shall expire on August 27, 19y8. Any reG~ iest for an
extension of time must be received and approved prior to August 27, 1998, fn order to retain
any legal non-conforming status of its Iocation, or the public dance hall use shall no longer
exist at this location.
WHEREAS, lhis property is developed with a restaurant/publfc dance hall (The Shack) in
Development Area 3(La Palma Core) of Specific Plan No. 94-1 (Northeast Area Specific Plan); and that
the Anaheim General Plan designates this property for General Industrial land uses; and
WHEREAS, Aliscn Sanders (business owner) has requested reinstatement of this use
pertnit under authority of Section 18.03.093 of the Anaheim Municipal Code, including amendfng or
deleting Condition No. 10 ;pertaining to the use expiring on August 27, 1998) to retain the existing 5,400
sq. ft. restaurant/public dance hall with sales of alcoholic beverages for on-premises consumption and live
entertainment; anrl that this business has been open under new management since December 1996 and
has complied with all conditions of approval; and
WHEREAS, llie City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 3, 1998, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and i~ accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEFEAS, said Commi.ssion, after due inspection, investigation and study made by itseif
and in its behalf, and after due consideration of all evidence and re~orts offered at said hearing, does find
and deterrnine the following facts:
1. That the use, as reinstated, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
2. That th2 size and shape of the site for the reinstated use is adequate to allow the full
development of the proposed use in a manner not detrimental to lhE particular area nor te the peace,
heaith, safety and general welfare.
3. That the traffic generated by the reinstated use will not impose 3n undue burdzn upon the
streets and highways designed and improved le carry the traffic (n tha area.
4. That reinstating this conditional use permit, as amended, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
CR3378PL _~ _
PC98-118
5 That this use permit is being exercised fn substantially the same manner and in
conformance with all conditions and stipulations originally approved by the approvaf body. -
6. That this use permit is being exercised in a manner not detrimental to the particular area
and surraunding land uses, nor to the public peace, health, safety and general welfare.
7. That this restaurant/public ~ance hall (The Shack), as currently operated, is not detrimental
to the surrounding neighborhood and that the time extension is necessary to continue the public dance
hall portion of the restaurant.
8. That no one indicated their presence at tfie 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 and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use PermEt No. 2090 is adequate to serve as the
required environme~tal docurrentation in connection with this request upon finding that the declaration
reflects the indepen~Jent judgment of the lead agency and that it has considered the previously approved
Negativ~ Declaration together with any camments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no sub~tantiai evidenc2
that the project wiA have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Condition No. 10 of Resolution No. PC80-92, as amended by Resolution Nos. PC97-115,
and adopted in connectian with Conditional Use Permit No. 2090, to read as follows:
10. That the public dance hall use shall expire on August 27, 1999. Any request for an
axtension of time must be received and approved prior to August 27, 199y, in order to retain
any legal non-conforming status of its locati , dr the pu i cp hall use shall no longer
be permiited at this location. / ~/
//~'
THE FOREGOING RESOLUTIO wa a o ted at nning Commission meeting of
August 3, 1998. \ ~ 9; ~
ATTEST: ~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
CITY PLANNI~IG
"2" PC98-118
~
STATE OF CALIFORNIA )
COIiN'iY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, 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 August 3, 1998, by the followin~ vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA
NOES: COMMISSIO~;ERS: NONE
ABSENT: COMMISSIONERS: 1/VILLIAMS
VACANCY: ONE SEAT VACANT
IN W~TNESS WHEREOF, i have hereunto set my hand this ~~! day of
, 1998.
Q.~4.~11 ~S6Y0
SECRETA~Y, NAHEIM CITY PLA~;NING COMb11SSION
-3- PC98-118