Resolution-PC 2006-105~ , .
,
RESOLUTION NO. PC2006-105
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00027
FbR AN ALCOHOLIC BEVERAGE CONTROL LICENSE ~
(1520 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating tothe determination
of "public convenience or necessity" on those certain applications requiring that such determination be made
by the iocal 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); and
W HEREAS, 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 arr undue concentration ofJicenses, except when an
applicant has demonstrated thaf public convenience or necessity would be served by the issuance of a
license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity to permit sales of beer and wine #or off-premises
consumption within a proposed gift shop within a hotel on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THAT PORTION OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF CERRITOS AVENUE AND HARBOR
BOULEVARD, AS SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 15, PAGE 4
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID .
ORANGE COUNTY; THENCE NORTH 00 16' 20" WEST 42.47 FEET TO THE SOUTHWEST
CORNER OF THE LAND DESCRIBED IN TORRENS TITLE CERTIFICATE NO. 47; THENCE '
EASTERLY 660.65 FEET ALONG THE SOUTH LINE OF SAID LAND TO THE SOUTHEAST
CORNER OF SAID LAND; THENCE SOUTH 0° 15' 00" EAST 85.00 FEET; THENCE WEST,
PARALLEL WITH SAID SOUTH LINE OF CERTIFICATE NO. 47 A DISTANCE OF 660.65
FEET TO SAID CENTERLINE OF HARBOR BOULEVARD; THENCE NORTH 0° 14' 30" WEST
42:53 FEET TO THE POINT OF BEGINNING
W HEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 27, 2006, notice of said public hearing having been duly given as required by
Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed determination of public
convenience or necessity for an alcoholic beverage control license to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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, does find
and determine the following facts:
1. That the Anaheim Resort Specific Plan No. 92-2 permits the retail sale of alcoholic
beverages, including beer and wine, for off-premises consumption as a permitted accessory use in a gift
shop integrated within a hotel complex, and the intent of the Code is to provide such sales as a convenience
for visitors; and that the gift shop is integrated within the hofel: '
Cr\PC2006-105 -1- PC2006-105
• .
2. That California state law requires a Determination of Public Convenience or Necessity when
property is iocated in a police reporting district with a crime rafe above the city average; and that Section .
23958 of the Business and Professions Code provides`thafthe ABC shall deny an application for alicense if
issuance of that license would tend to create a law enforcement problem or if issuance would result in, or-
aaa to, an undue concentration of licenses, except when an applicant has demonstrafed that public
convenience or necessity would be served by issuance of alicense.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Qepartment to make
recommendations related to the public convenience or necessity determinations; and when the sale of beer
and wine for off-premises consumption is permitted by the Municipal Code; said recommendations shall take
the form of conditions of approval to be imposed on the determination in order to ensure that the sale of beer
and wine does not adversely affect any adjoining land use or the growth and development of the surrounding
area. -
:4. That subject property is located in Reporting District, 2025 which has a crime rate of 193
percent above the City average and is also located in Census tract 875.01 which permits 4 off-sale licenses
currently there are 12 licenses existing.
` 5. That there are no schools orresidential uses adjacent to the subject site:
6. That there are not any licenses fior off-premises sale and consumption immediately adjacent
to the site and that the conditions of approval will ensure that approval of the proposal wiq not adversely
affect any adjoining land use or the growth and development of the surrounding area.
' 7. That the Determination of Fublic Convenience or Necessity can' be made based on the
finding thaf the license requested is consistent with the Planning Commission policy for such determinations.
8. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subjecf petition:
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from therequirement to prepare an EIR.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby
determine that the public convenience or necessity will be served by the issuance of a license forthe sale of
beer and wine for off-premises consumption at this location based on the following:
1. That there shall be no exterior advertising or sign of any kind or type, 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.
2. That the hours of operation are limited from 7 am to 11 pm daily. '
3. That there shall be no display of alcoholic beverages located outside of a building or within five (5) feet
of any public entrance to the building.
4. That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a
building.
5. That sale of alcoholic beverages shall be made to customers only when the customer is in the building. :
6. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
-2- _ PC2006-105
•
•
,
T. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises. -
8. That there shall be no amusement machines, video game devices; or pool tables maintained upon the
premises at any time.
9. That no person under twenty-one (21) years of age shalf seN or be permitted to sell any beer or wine.
10. That the gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any
three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim .official when requested.
11. That there shall be no public telephones on the property that are located outside the building and within
the control of the applicant.
12. That any graffiti painted or marked upon the premises or on any adjacent area under the control of the
licensee shall be removed or painted over within 24 hours of discovery. ,
13. That the applicant shall be responsible for maintaining free of litter the area adjacent to thepremises
over which they have control, as,depicted.
14. That approval of this application applies only to the 480 square foot gift shop depicted on the site and
floor plan (Exhibit Nos. 1 and 2) on file in the Planning Department. -
15. That prior to commencement of the activity authorized by this resolution or within one (1) year from the
date of this resolution, whichever occurs first, the property owner shall submit a letter to the Planning :
Department requesting termination of Variance Na 3819 (waiver of minimum number of parking
spaces to construct a 5-story, 103 unit motel including 1,600 feet of retail shop area).
16. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the
Planning Department Exhibit Nos. 1 and 2, and as conditioned herein.
17. That prior to commencement of the activity authorized by this resolution, or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 8, 11, 15 and 16,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Chapter 18.60 (Procedures) of the Anaheim Municipal Code.
18. That approval of this application constitutes approval of the proposed request only to the extent that it ,
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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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, shafl be deemed null and void.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated'upon applicanYs compliance with each and
all of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges relatetl to the
processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
-3-
t- !
THE FOREGOING RESOLUTION was adopted atthe Planning Commission meeting of
November 27, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal proced s d may be re d by a City'
Council Resolution in the event of an appeaL
~
CHAIRMAN, ANA EIMPLANNING COMMISSION
ATTEST:
i~c./~--~-+~~e.o-~,~ ~ . _
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on November 27, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1N WITNESS WHEREOF, I have hereunto set my hand this ~ 2- ~~ day of
~+P CG ~Yt.~ er _, 2006.
~~_.~w-+~.+ti ~!~ t~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION