Resolution-PC 2016-035RESOLUTION NO. PC2016-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00128
TO PERMIT A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC BEVERAGE
CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2016-00022)
(1411 SOUTH MANCHESTER AVENUE)
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. 2016-00128 for a to permit the sales of beer and wine for off-site consumption in
conjunction with an existing hotel gift shop (herein referred to as the "Proposed Project") for
certain real property located at 1411 South Manchester Avenue 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 1. 16 acres, is developed with a
five -story, 96 -room hotel. The Anaheim General Plan designates the Property for Commercial
Recreation land uses. The Property is located within the boundaries of the Anaheim Resort
Specific Plan and within the Commercial Recreation (C-R) District (Development Area 1) of the
the Anaheim Resort Specific Plan area and is, therefore, subject to the zoning and development
standards set forth in Section 18.116.070 (Uses — Commercial Recreation (C-R) District
(Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)
Zoning and Development Standards) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 16, 2016 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. 2016-00128, and to investigate and make findings and
recommendations in connection therewith; and
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. 2016-00128,
does find and determine the following facts:
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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
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. For purposes of Section 23958.4, "undue
concentration" means the case in which the premises are located in an area where any of the
following conditions exist:
(a) The Property is located in a crime reporting district that has a 20
percent greater number of reported crimes, than the average number of
"reported crimes" (as defined in Section 23958.4) as determined from
all crime reporting districts within the City of Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail
licenses to population in the census tract or census division in which the
Property is located exceeds the ratio of on -sale retail licenses to
population in the county in which the applicant premises are located.
(c) As to off -sale retail license applications, the ratio of off -sale retail
licenses to population in the census tract or census division in which the
Property is located exceeds the ratio of off -sale retail licenses to
population in the county.
3. Notwithstanding the existence of the above -referenced conditions, ABC may issue a
license if the Planning Commission determines that the "public convenience or necessity" would
be served by the issuance.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make
recommendations related to "public convenience or necessity" determinations; and, when the
sale of alcoholic beverages for off -premises consumption is permitted by the Code, 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.
5. The Property is located within Census Tract No. 9800 with a population of zero that
allows for no off -sale ABC licenses. There are presently 11 off -sale ABC licenses in the tract.
The Property is located in Police Reporting District No. 1925, which has a crime rate that 209
percent above the City-wide average. The Police Department evaluates these requests based on
the crime rate within a one-quarter mile radius of the Property for the subject site. The crime
rate within '/ mile of this Property is 128% above the City-wide average based upon calls for
service. Since there is an overconcentration of off -sale licenses in the census tract and the
property is within a high crime area, a determination of "public convenience or necessity" is
required to be made for this request.
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6. The Anaheim Resort, which is a world class tourist destination, was created to
maintain and encourage Anaheim's position as a nationally recognized tourist, convention and
recreation center. The travel and hotel amenities, restaurants and entertainment uses are
encouraged to meet the unique needs of the regional and global destination. The proposed sale of
beer and wine for off -premise consumption within in an existing hotel gift shop is a compatible
use within the surrounding area and is consistent the goals of the Anaheim Resort.
7. 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. 2016-00128, 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 16, 2016. 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.
CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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 May 16, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "All
DEV NO. 2016-00022
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® Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00128
(DEV2016-00022)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
No display of alcoholic beverages shall be located outside of a
Police Department
building or within five (5) feet of any public entrance to the building.
2
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.
3
The area of alcoholic beverage displays shall not exceed 25% of the
police Department
total display area in a building.
4
Sale of alcoholic beverages shall be made to customers only when
Police Department
the customer is in the building.
5
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around
these premises.
6
Any Graffiti painted or marked upon the premises or on any adjacent
police Department
area under the control of the licensee shall be removed or painted
over within 24 hours of being applied.
7
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premises over which they have control, as
depicted.
8
Managers/Owners need to call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on Alcohol
and Drugs Program) Training for themselves and register employees.
The contact number is 714-558-4101.
9
The parking lot of the premises shall be equipped with lighting of
Police Department
sufficient power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
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