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Resolution-PC 2008-24 RESOLUTION NO. PC2008-24 • A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00038 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (321 WEST KATELLA AVENUE) 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 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); 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 did receive an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises and off-premises consumption within a wine bar within the Anaheim Gardenwalk on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 4, 5, 6 AND 7 OF PARCEL MAP NO. 2002-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHON ON A MAP THEROF FILED IN BOOK 349, PAGES 43 TO SO 1NCLUSNE OF PARCLE MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2008, 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 - PC2008-24 • 1. That the Disneyland Resort Specific Plan No. 92-2, Anaheim GardenWalk Overlay permits the sale of alcoholic beverages for on-premises and off-premises consumption within a wine bar integrated within the Anaheim GardenWalk project and the intent of the Code is to provide such sales as a convenience for visitors. 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 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 and off-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 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 7 on-sale licenses and currently there are 321icenses existing. 5. That there are no schools or residential uses adjacent to the subject site. 6. That there are licenses for on-premises sale and consumption immediately adjacent to the site; however, those licenses are for restaurants and one nightclub. 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. 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. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. - 2 - PC2008-24 ~J • 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 for the sale of alcoholic beverages for on-premises and off-premises consumption at this location based on the following conditions found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Responsible COA Conditions of Approval for Monitorin TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR WITHINA PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST COA1 The subject property shall be developed substantially in Planning 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 No. 1 and as conditioned herein. COA2 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial alarm activation. COA3 Business shall be equipped with an alarm system (silent or Police audible). COA4 File Emergency Listing Card, Form APD-281, with the Police Police Department, available at the Police Department front counter. TIMING: ONGOING DURING OPERATION COAS Based upon the submitted letter of operation, the hours of Planning operation shall be limited to Sunday through Saturday, 10 a.m. to 2:00 a.m. TIMING: GENERAL CONDITIONS COA6 Security measures shall be provided to the satisfaction of the Police Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. COAT No one under the age of 21 shall be allowed in the on-site Police consumption portion of the premises. - 3 - PC2008-24 • • Responsible COA Conditions of Approval for Monitorin COA8 The business shall not employ or permit any persons to solicit or Police 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). COA9 There shall be no requirement to purchase a minimum number Police of drinks. COA10 There shall be no live entertainment, amplified music or dancing Police permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. COA11 No display of alcoholic beverages shall be located outside of a Police building or within five (5) feet of any public entrance to the building. COA12 Beer and malt beverages shall not be sold in packages Police containing less than a six (6) pack for off-premise consumption. COA13 Wine-coolers, beer coolers must be sold in manufacturer pre- Police packaged multi-unit quantities for off-premise consumption. COA14 The property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. COA15 The timing for compliance with conditions of approval maybe Planning 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA16 Extensions for further time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. - 4 - PC2008-24 • • COA Conditions of Approval Responsible for Monitorin COA17 Approval of this application constitutes approval of the Planning 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 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 the Anaheim 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 findings, hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 1 S 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. '~Ii - " CHAIRMAN~NAHEIM PLA G COMMISSION ATTEST: SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-24 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 February 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOE5: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of March, 2008. 9 ~_.,- SENIOR S~CRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008-24