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Resolution-PC 2014-078RESOLUTION NO. PC2014 -078 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00106 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00052) (400 WEST DISNEY WAY) WHEREAS, 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 determinations 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 "); and WHEREAS, 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; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Public Convenience or Necessity No. 2014 -00106 for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on- premises consumption within a bar /nightclub within the Anaheim Gardenwalk (herein referred to as the "Proposed Project ") for certain real property located at 400 West Disney Way 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 "Property "); and WHEREAS, the Property, consisting of approximately 29.1 acres, is developed with the GardenWalk outdoor shopping center. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the Disneyland Resort Specific Plan Area and, more specifically, within the Anaheim Gardenwalk Overlay, and is subject to the zoning and development standards described in Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP-92- 1) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code "), including the regulations set forth in Section 18.114.105 (Anaheim Gardenwalk Overlay) of the Code. Conditional Use Permit No. 4078 permitted the development of the Anaheim GardenWalk project, including bars and nightclubs; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 8, 2014 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 (Procedures) of the Code, to hear and consider evidence for and against said proposed Public Convenience or Necessity No. 2014- 00106, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -078 WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 Public Convenience or Necessity No. 2014 - 00106, does find and determine the following facts: 1. That the Disneyland Resort Specific Plan No. 92 -1 and, specifically, the Anaheim GardenWalk Overlay permits the sale of alcoholic beverages for on- premises consumption within a nightclub integrated within the GardenWalk project, and the intent of the Code is to provide such sales as a convenience for visitors; further the nightclub is integrated within the GardenWalk project providing additional security for the facility. 2. That California state law requires a determination of "Public Convenience or Necessity" when property is located in a police reporting district with a crime rate above the City average and has an over - concentration of licenses; 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. 3. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal Code under Conditional Use Permit No. 4078, 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. 4. That the Property is located in Reporting District 1925, which has a crime rate of 224 percent above the City average. The Property is also located in Census Tract 875.01, which permits no on -sale licenses. Currently, there are 40 licenses existing within Census Tract 875.01. 5. That there are no schools or residential uses adjacent to the subject Property. 6. That there are licenses for restaurants, bars and nightclubs immediately adjacent to the site of the Proposed Project and the addition of this business would support the vision of GardenWalk as a premiere entertainment destination in the Disneyland Resort area. The addition of this business will benefit the surrounding community by providing an option for patrons seeking Latin entertainment, which is currently not offered in the immediate area. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. -2- PC2014 -078 7. That the 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 the granting of 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2014 - 00106, 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 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. -3- PC2014 -078 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 8, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. IRAN, PL G COMMISSION THE CITY OF AHEIM ATTEST: -"� /;�o'— SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 8, 2014, by the following vote of the members thereof. AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of September, 2014. '- k -L- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -078 EXHIBIT " A " DEV NO. 2014 -00052 APN: 082 - 551 -06 082 - 551 -11 082 - 551 -04 082 - 551 -05 082 - 551 -07 o W DISNEY WAY 74' 186' 229' 44' - v r, in N 19' 113' F- C N 20' N W _z t — z A ty w g � W J V N 1� M r 695' � W KATELLA AVE O o "0 '00 Source: Recorded Tract Maps and /or City G15. Feet Please note the accuracy is +/- two to five feet. -5- PC2014 -078 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00106 (DEV2014- 00052) -6- PC2014 -078 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO COMMENCEMENT OF OPERATIONS 1 A security plan must be submitted to the Chief of Police or his Police Department designee for review and approval. The plan should include the number of security personnel that will be provided, job duties and descriptions, procedures on communication, I.D. check, occupancy load and a detailed description of how problems at the location and problem guests will be handled. 2 Managers, owners, bar tenders, and waitresses shall obtain Police Department Department of Alcoholic Beverage Control LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714 -558 -4101. OPERATIONAL CONDITIONS 3 Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances by excessive noise created by patrons entering or leaving the premises. 4 Any and all security officers provided shall comply with all State and Police Department Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 5 At close of business the petitioner(s) shall provide security personnel Police Department to observe and secure the path of travel in closest proximity to the parking structure. They shall maintain order at time of closing and prevent any activity which would interfere with the other businesses and patrons visiting Garden Walk. 6 Door staff will be responsible for monitoring and keeping exact Police Department attendance numbers. 7 All patrons are to have their I.D. checked at the door and staff shall Police Department not allow obviously intoxicated guests in. 8 The Police Department retains the ability to review operations that Police Department pertain to "Bottle Service" and security procedures and make necessary changes or modifications to those operations to promote the safety of patrons, employees and the public. -6- PC2014 -078 -7- PC2014 -078 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9 Partitions separating the V.I.P. areas shall not exceed 52" in height. Police Department There shall be complete visibility into all V.I.P. areas. There shall be no obstructed view. 10 The licensee(s) shall not maintain or construct any type of enclosed Police Department room intended for use by patrons or customers for any purpose. 11 The floor space provided for dancing shall be free of any furniture or Police Department partitions and maintained in a smooth and safe condition. 12 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety or welfare. 13 The sale of alcoholic beverages for consumption off the premises is Police Department strictly prohibited. 14 No one under the age of 21 shall be allowed on the premises at any Police Department time. Signs shall be posted at the front door stating "No one under the age of 21 allowed." 15 The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 16 Petitioner shall not share any profits, or pay any percentage or Police Department commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 17 There shall be no requirement to purchase a minimum number of Police Department drinks. 18 Signs shall be posted at all exits stating "No alcohol beyond this Police Department point." 19 The permitted event or activity shall not create sound levels that Police Department violate any ordinance of the City of Anaheim. 20 Entertainment provided shall not be audible beyond the area under Police Department the control of the licensee. 21 No entertainment including music is allowed in the patio area. Police Department -7- PC2014 -078 -8- PC2014 -078 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 22 All entertainers, employees and patrons shall be clothed in such a Police Department way as to not expose "specified anatomical areas" as explained in Anaheim Municipal Code 7.16.060. 23 The rear doors of the premises shall be equipped on the inside with Police Department an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 24 Any Graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the licensee shall be removed or painted Code Enforcement over within 24 hours of being applied. Division 25 There shall be no exterior advertising or sign of any kind or type, Police Department including 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. GENERAL 26 The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services the petitioner and which plans are on file with the Planning Division Department, and as conditioned herein. 27 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively referred Planning Services to individually and collectively as "Indemnitees ") from any and all Division claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 28 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -8- PC2014 -078