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Resolution-PC 2013-010RESOLUTION NO. PC2013 -010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00056 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (TRACKING NO. 2009- 00056A) (1800 -1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") adopted its Resolution No. PC2009 -041, determining that public convenience or necessity would be served by the sale of beer, wine and distilled spirits for on- premises consumption in conjunction with a nightclub and the sale of beer and wine for off - premises in conjunction with a retail store, which are integrated within a nine -story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices for certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Original Project'); and, WHEREAS, on March 31, 2009, the City Council of the City of Anaheim adopted Resolution No. 2009 -057, finding and determining that the public convenience or necessity would be served by the sale of beer, wine and distilled spirits for on- premises consumption in conjunction with a nightclub and the sale of beer and wine for off- premises in conjunction with a retail store, as part of the Original Project; and, WHEREAS, Public Convenience or Necessity No. 2009 -00056 was approved in connection with General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009- 00297), Conditional Use Permit No. 2009- 05403, Variance No. 2008- 04761, and Final Site Plan No. 2008 -00004 (collectively, the "Entitlements "); and, WHEREAS, the Planning Commission (hereinafter referred to as the 'Planning Commission ") did receive a verified petition to amend the determination of Public Convenience or Necessity No. 2009 -00056 to eliminate the sale of beer, wine and distilled spirits for on- premises consumption in conjunction with a nightclub and to add the sale of distilled spirits to the sale of beer and wine for off - premises in conjunction with a retail store; and, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 2013 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed amendment to Public Convenience or Necessity No. 2009 - 00056, and to investigate and make findings and recommendations in connection therewith; and, - 1 - PC2013 -010 WHEREAS, the Planning Commission has reviewed the proposed amendment to Public Convenience or Necessity No. 2009 -00056 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Public Convenience or Necessity No. 2009 - 00056, together with the Updated and Modified Mitigation Monitoring Program No. 156A in the form presented at this meeting, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate environmental documentation in connection with this request and satisfies all the requirements of the California Environmental Quality Act ( "CEQA" ); (ii) "none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed amendment to Public Convenience or Necessity No. 2009 - 00056; and (iii) no further environmental documentation need be prepared for said amendment and, WHEREAS, the Planning Commission, 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 with respect to the request for a determination of Public Convenience or Necessity , does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of 'Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license. 3. California State law requires a determination of Public Convenience or Necessity when property is located in a census tract with more off -sale alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the Public Convenience or Necessity Determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. -2- PC2013 -010 5. The property is located within Census Tract 875.03 with a population of 6,808, which allows for four off -sale ABC licenses and there are presently five licenses in the tract. The Anaheim Police Department evaluates these requests based on the crime rate within a one- quarter mile radius for the subject site. The proposed location is located in Police Reporting District No. 2125 which has a crime rate that is 178% above the citywide average and the crime rate within 1 /4 mile of this property is 109 % above the citywide average based upon calls for service. Since there is an overconcentration in the number of ABC licenses within this census tract, a determination of Public Convenience or Necessity is required for this request. 6. A determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that granting the determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer, wine and distilled spirits is ancillary to the retail store, which is an accessory uses incidental to and integrated within a hotel, and would serve as an added convenience to visitors to The Anaheim Resort. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve an amendment to Public Convenience or Necessity No. 2009- 00056, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that approval of an amendment to Public Convenience or Necessity No. 2009 -00056 is hereby approved contingent upon and subject to the approval of the amendments to Conditional Use Permit No. 2009 - 05403, Variance No, 2008- 004761, and Final Site Plan No. 2008 - 00004, now pending; and BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2013 -010 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 28, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Zoning Provisions - General) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. _\ PRO- TAMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SLeRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 28, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 28` day of January, 2013. 'ARY, ANAHEIM CITY PLANNING COMMISSION 4- PC2013 -010 EXHIBIT "A" DEV NO. 2012 -00141 APN: 137- 171 -24 137 - 171 -29 137- 171 -31 W KATELLA AVE 0 J 545' m � N m m N 2 535' n e„ nm ® Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/ - two to five feet. -5- PC2013 -010 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00056 (DEV2012- 00124) -6- PC2013 -010 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY GENERAL 1 There shall be no exterior advertising or sign of any kind or type, including Police advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2 No display of alcoholic beverages shall be located outside of a building or Police within five (5) feet of any public entrance to the building. 3 The area of alcoholic beverage displays shall not exceed 25% of the total Police display area in a building. 4 The sale of alcoholic beverages shall be made to customers only when the Police customer is in the building. 5 The possession of alcoholic beverages in open containers and the consumption Police of alcoholic beverages are prohibited on or around these premises. 6 The petitioner shall police the area under their control in an effort to prevent Police the loitering of persons around the premises. 7 There shall be no amusement machines, video game devices, or pool tables Police maintained upon the premises at any time unless all proper permits are first obtained from the City. 8 The parking areas for the premises shall be equipped with lighting of sufficient Police power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking area. 9 Any graffiti painted or marked upon the premises or on any adjacent area Police under the control of the licensee shall be removed or painted over within 24 Code hours of being applied. Enforcement 10 The petitioner shall be responsible for maintained free of litter the area Code adjacent to the premises over which they have control. Enforcement 11 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. -6- PC2013 -010 12 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning 13 Timing for compliance with conditions of approval may be amended by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 14 Approval of this application constitutes approval of the proposed request only Planning to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -7- PC2013 -010