Resolution-PC 2003-53•
RESOLUTION NO. PC2003-53
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00011
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1030 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 California Business and Professions Code and
prior to 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 the public convenience or necessity would be served by issuance of the license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for
a Determination of Public Convenience or Necessity to permit the retail sale of beer and wine (for off-premises
consumption} at an existing gift shop at 1030 West Katella Avenue located on certain real property situated in
the City of Anaheim, County of Orange, State of California, and described as:
PARCEL 1: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUAf~TER OF SECTf6N 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE EASTERLY 120.00 FEET.
ALSO EXCEPT THE WESTERLY 190.00 FEET.
ALSO EXCEPT THE WESTERLY 150.00 FEET OF THE EASTERLY 270.00 FEET OF THE
NORTHERLY 330.00 FEET.
ALSO EXCEPT THE NORTHERLY 30.00 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 7, 2003, at 1:30 p.m., 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
18.03, to hear and consider evidence for and against said proposed determination of public convenience or
necessity for an alcoholic beverage control license, and 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 retail shop integrated
within a hotel complex, and the intent of the Code is to provide such sales as a convenience for visitors to a
hotel; and that the gift shop at 1030 West Katella Avenue, Gift Cache, is located within the Annabella Hotel
complex.
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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 necessiry
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 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 2124, which has a crime rate of 115% above
the city's average; that the reporting district extends from West Street to Haster Street, and from Katella Avenue
to Orangewood Avenue, with approximately half of the reporting district developed with Anaheim Resort uses
and the remainder developed with residential uses; and that the population within the census tract allows for five
off-sale licenses and there are currently two active licenses.
5. That there are no schools or residential uses adjacent to the subject site; and that the nearest
residential area is on the east side of West Street, south of the subject property.
6. That there is not an over-concentration of ABC licenses in the reporting district, and there are not
any `off-sales' licenses in the immediate vicinity of the site on the north side of Katella Avenue; and that the
conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or
the growth arrd devetopmerrt of the surraunding ~rea.
7. That no one indicated their presence at the public hearing in opposition to the request; and that no
correspondence was received in opposition.
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, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby determine that the
public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off-
premises consumption in an existing gift shop at 1030 West Katella Avenue located within the Anabella Hotel
complex; and
BE IT FURTHER RESOLVED that said determination is made upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That ongoing during project operation (i.e., the retail sale of beer and wine at the gift shop for off-premises
consumption), the properry owner and the business owner shall be responsible for implementation of the
following:
(a) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of beer and wine. Interior
displays of beer and wine, or signs which are clearly visible to the exterior shall constitute a violation of
this condition.
(b) No display of beer and wine shall be located outside a building or within five (5) feet of any public
entrance to the building.
(c) The area of beer and wine displays shall not exceed twenty five percent (25%) of the total display area
in the gift shop.
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(d) The sale of beer and wine shall be made to customers only when the customer is inside the building.
(e) No person under twenty-one (21) years of age shall sell or be permitted to sell beer or wine.
(fl The possession of beer and wine in open containers, and the consumption of beer and wine, are
prohibited inside or adjacent to the gift shop.
(g) There shall be no amusement machines, video game devices, or pool tables located within the gift shop
at any time.
(h) There shall be no public telephones on the property that are located outside the gift shop and within the
control of the property owner and/or business owner.
(j) The gross sale of beer and wine shall not exceed thirty-five percent (35%) of all retail sales in the gift
shop during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of beer and wine and other items. These records shall be
made available for inspection by any City of Anaheim official, when requested.
(j) Any graffiti painted or marked upon the gift shop or on any adjacent area under the control of the
licensee shall be removed or painted over within twenty four (24) hours of being applied.
(k) The property owner and business owner shall be responsible for maintaining the area adjacent to the gift
shop (over which they have control) free of litter.
(I) That beer shall not be sold in packages containing less than a sic (6) pack, and that wine coolers shall
not besolcl in. packages co.ntaining less than a four (4) pack.
2. That approval of this application applies only to the two hundred eighty nine (289) square foot gift shop
depicted on the site plan (Exhibit No. 1) on file in the Planning Department.
3. That the hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., daily.
4. 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 the following entitlements:
(a) Conditional Use Permit No. 563 (to establish a coffee shop in conjunction with an existing motel and
office building at 1040-50 West Katella Avenue) approved by the Planning Commission in 1964.
(b) Conditional Use Permit No. 683 (to establish an on-sale liquor establishment in conjunction with an
existing motel at 1016 West Katella Avenue with waiver of required parking spaces) approved by the
Planning Commission in 1965.
(c) Conditional Use Permit No. 840 (to remodel an existing office in a motel complex at 1050 West Katella
Avenue for a restaurant and cocktail lounge) approved by the Planning Commission in 1966.
(d) Variance No. 1209 (to construct a deluxe motel and erect a freestanding identification sign) approved
by the Planning Commission in 1960.
(e) Variance No. 1222 (to construct a 39-unit motel, manager's suite and freestanding sign) approved by
the Planning Commission in 1960.
(f) Variance No. 1480 (to establish a motel and office building) approved by the Planning Commission in
1962.
5. 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
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regulations. Approval does not include any action or findings as to compliance or approvai of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City 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 and conditions hereinabove set forth.
April 7, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CH PERSON, ANA C TY PLANNING COMMISSION
ATTEST:
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, Eleanor Morris., Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on April 7, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 gT'~' day of Q~~~
2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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