Resolution-PC 98-77P.ESOLUTION NO. PC98-77
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO REINSTATE CONDITIONAL USE PERMIT NO. 1594
WHEREAS, on January 5, 1976, the Planning Commission adopted Resolution No.
PC76-5 to grant Conditional Use Permit No. 1594, in part, and permit a restaurant with on-saie liquor (a
waive~ of minimum structural setback was deleted ) at 500 North Brookhurst Street; and
WHEREAS, on May 20, 1997, the City Council adopted Resolution No. 97R-64 to amend
Resolution No. PC76-5 and grant a time extension to expire on November 20, 1997; and that Condition
No. 20 of said resolution specifies:
20. Tht subject use permit is hereby granted for a period of six months, thus expiring in six
months (Novem6er 20, 1997), with said six month period to commence on the date of the
City Council's decision to adopt the Hearing Officer's recommendations. A progress
report shall be given to the Planning Commisison as a Reports and Recommendations
item, pertaining to compliance with conditions of approval and alI ruiac and regulations,
four months from the date o~ the City Council's decision. The Planning Gommission may,
at that time readvertise the subject conditional use permit for revocation or modification.
WHEREAS, this property is developed with a 9,470 sq.ft. building developed as a
restauranUbar (La Estrella Restaurant) in the CL (Commercial, LimiEed) Zone; ana
WHEREAS, the Anaheim City Planning Commission did receive a request from Rick A.
Blake, attorney for the business owner, requesting that the Commission consider reinstatement of this
conditional use permit by the modiiication or deletion of the condition of approval pertaining to the time
limitation to retain the restaurant with saies of alcoholic beverages for on-premises consumption pursuant
to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing 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
investigafe and make findings and recommendations in connection therewith; and that said hearing was
continued to the meetings of March 16 and March 30, 1998 to ascertain whether this property is being
operated as a"bona fide eating Flace" as defined by Section 23038 of the Caiifornia Business and
Professions Code, and to the May 11, 1998 Commission meeting to allow this item to be considered after
the City Council's consideration of the Hearing Officer's recommendatian pertaining to Conditional Use
Permit No. 3421 (permitting a public danc~ hall with waiver of minimum number of parking spaces at 500
North Brookhur~t Street for a period of one year); and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of alI evidence and reports offered at said hearinc~, does find
and determine the following facts:
1. That, based on testimony contained in the Staff Reports ko the Planning Commission dated ~1Aarch
16, March 30 and May 11, 1998, this conditional use permit is being exercised in a manner detrimental to
the particular area in which this restaurant is located and to the surrounding land uses, and to the public
peace, health, safety and general welfare.
CR3283PL.DCIC -1- PC93-77
2. That, based on testimony given during the public hearing, La Estrelia Restaurant does not operate
as a bona fide restaurant where food sales oredominate over alcoholic beverage sales b:.~t is being, and
has been, operated as a nightclub where alcoholic beverage sales predominate over food sales; and that
the quarteriy gross sales of alcoholic beverages exceed the gross ssles of food and other commodities
during the same period.
3. That there have been numerous noise and police problems from the recent and/or current
operation of the premises including, but not limited to, public intoxication, burglary and m,nors in the bar,
ail of which problems are detrimentai to the public health or safety, or constitute a nuisance.
4. That this use adversely affects the adjoining land uses and the growth and development of the
area in which it is located.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petitian.
CALIFORNIA ENVIRONIJ~EN7AL QUALITY ACT FINDING: That the Anaheim Ci!y
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with this Conditional Use Permit No. 1594 is not adeq~~ate to serve as
the required environmental documen;ation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previousiy approved
Negative Decfaration together with any comments received during the publi, review process and further
finding on the basis of the initial study and any comments received that there is subst~ntial evidence that
the project will have a significant ef~ect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny the request to reinstate this conditional use permit based on the findings of fact, thereby
terminating Conditional Use Permit No. 1594.
THE FOREGOING RE~JLUTION was adopted at the Pla~ning Commission meeting of
May 11, 1998.
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CHAIRPERSON, ANAHEIA4 CITY °LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC98-77
STATE OF CALIFORNIR 1
COUNTY UF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretsry of trie Anaheim City Planning Commission, do hereby ce~tify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 11,1998, by the following vote of the members thereof:
AYES: COMA4ISSIONERS: BOSTWICK, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~7~ day of
__!~~_, 1998.
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SECRETARY, NAHEIM CITY PLANNING COMMISSION
-3- PC98-77