Resolution-PC 2008-36•
RESOLUTION NO. PC2008-36
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303,
CLASS 1 (EXISTING FACILITIES) AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00039
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 consumption within a movie theater within the Anaheim Gardenwalk
on certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 17, 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 - PC2008-36
• •
1. That the Disneyland Resort Specific Plan No. 92-2, Anaheim GardenWalk
Overlay permits the sale of alcoholic beverages for on-premises consumption within a movie
theater 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 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 33 licenses existing.
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 one person indicated their presence at said public hearing in opposition; and
that one letter and one petition were received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
- 2 - PC2008-36
•
u
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 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 BUILDINGAND ZONING INSPECTIONS
COA 1 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 and labeled Exhibit No. 1 and as
conditioned herein.
TIMING: GENERAL CONDITIONS
COA 2 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.
COA 3 No one under the age of 21 shall be allowed to enter the over 21 Police
only section of the premises as identified on Exhibit No. 1 on file
with the Planning Department.
COA 4 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).
COA 5 There shall be no requirement to purchase a minimum number Police
of drinks.
COA 6 Alcoholic beverages cannot be included in the price of admission. Police
COA 7 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.
COA 8 Sales, service and consumption of alcoholic beverages shall be Police
permitted in the over 21 section only.
- 3 - PC2008-36
•
Responsible
COA Conditions of Approval for
Monitorin
COA 9 No "happy hour" type of reduced price alcoholic beverage Police
promotion shall be allowed.
COA 10 The sale of alcoholic beverages for consumption off the Police
premises is strictly prohibited.
COA 11 No person under the age of 21 shall sell or deliver alcoholic Police
beverages.
COA 12 Alcohol is to be served in plastic cups or containers only. No Police
glass shall be permitted in the theatre.
COA 13 A maximum of two drinks per person maybe sold at one time. Police
COA 14 Identification of every adult must be checked at the Guest Police
Relations Booth.
COA 15 Door activation light must be installed on emergency exit theatre Police
doors 105, 106, and 107 so they can be monitored at the Guest
Relation Booth.
COA 16 A device pre-approved by the Police Department and Building Police
Division must be installed to prevent under-age theater goers
from entering the 21 and over section of the theater. An adult
employee shall be stationed at the same location as the device.
Such device shall not obstruct any required exiting of the
theaters.
COA 17 Interior signage shall be provided to the satisfaction of the Police
Police Department to indicate that no alcohol is permitted
outside of the over 21 section.
COA 18 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.
COA 19 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.
- 4 - PC2008-36
COA
Conditions of Approval Responsible
for
Monitorin
COA 20 Extensions for further time to complete conditions of approval Planning
maybe granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
COA 21 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 15 days of the issuance of the
final invoice for this project. 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 March 17, 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.
ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 5 - PC2008-36
•
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 March 17, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
March, 2008.
r /'~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 6 - PC2008-36
DISNEY WAY
KATELLA AVENUE
0 50 100
FP..P1
Q Subject Property
Public Convenience or Necessity No.
2008-00039
321 West Katella Avenue
w
w
w
z
~-
z
w
w
J
U
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- five feet.
lr Q
?'9 J
o
61 m
N
i g ~F Q w
3 9
L
= F ui vi
W. K ATELLA AVE
- N
K
W
F-
(n
A
W. ORANGE
r VE
WOOD
~ vi
10493