Resolution-PC 2006-106~ ~
RESOLUTION NO. PC2006-106
, A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY N0: 2006-00026 `
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(1855 SOUTH HARBOR BOULEVARD) '
WHEREAS, on July 11, 1995, the Gity Council adopted Resolution Na 95R-134 esfablishing '
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 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 beer and wine for off-premises
consumption within an existing hotel gift shop on certain`real property situated in the City of Anaheim, County of
Orange, State of California, described as: -
PARCEL 1: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 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 W BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY.
EXCEPTING THEREFROM THE NORTH 458 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 4.00 FEET OF THATPORTION THEREOF LYING
NORTHERLY OF THE NORTH LINE OF THE SOUTH 10 ACRES OF SAID EAST HALF.
ALSO EXCEPTING THEREFROM THE EASTERLY 60 FEET THEREOF LYING WITHIN THE
RIGHT OF WAY OF HARBOR BOULEVARD.
ALSO EXCEPTING THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF ANAHEIM, A
MUNICIPAL CORPORATION, BY QUITCLAIMDEED RECORDED MARCH 7, 1997 AS '
INSTRUMENT NO. 1997105731 OF OFFICIALRECORDS.
SAID LAND IS SHOWN AS A PORTION OF PARCEL NO. 1, ON APARCEL MAP FILED.JULY
22, 1970 IN BOOK 30, PAGE 41 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2: A NON-EXCLUSIVE RIGHT AND EASEMENT FOR PEDESTRIAN AND
VEHICULAR INGRESS AND EGRESS, SHOWN AS EXHIBIT B TO THAT CERTAIN `GRANT OF
EASEMENT' DATED JUNE 22, 1989 AND RECORDED JUNE 27, 1989 AS INSTRUMENT NO.
89-340399, OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS: ,
A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, IN THE 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, BEING A STRIP OF LAND 32.00 FEET WIDE
AND LYING 16.00 FEET ON EACH SIDE;OF THE FOLLOWING DESCRIBED CENTERLINE:
Cr\PC2006-106 -1- PC2006-106
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BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CONVENTION-WAY WITH-
THE CENTERLINE OF CONVENTION CENTER EAST ROAD {A PRIVATE STREET) AS
SNOWN ON THE MAR FILED 1N BOOK 30, PAGE 41 OF PARCEL MAPS, W TME OFFICE OF
SAID COUNTY RECORDER; THENCE ALONG SAID CENTERLINEOF CONVENTION.CENTER
EASTROAD THE FOLLOWING COURSES:
- NORTH 1° 12' 53" WEST, 857:71 FEET TO THEBEGINNING OF A CURVE CONCAVE TO THE _'
WEST AND HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY 68.15 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 31' 26" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 200.00 FEET;
THENCE NORTHERLY 68.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19° 31' 26"; THENCE NORTH 1° 12' 53" WEST 325.99 fEET TO THE CENTERLINE OF
KATELLA AVENUE AS SHOWN ON SAID LAST MENTIONED MAP: EXCEPTING,
THEREFROM ANY PORTION THEREOF LYING WITHIN KATELLA 'AVENUE AND
CONVENTION WAY AS DESCRIBED ABOVE.
ALSO EXCEPTING,THEREFROM ANY PORTION LYING WITHIN PARCEL NO. 1 ABOVE
` WHEREAS, the Planning Commission of the City Of Anaheim did hold a public hearing at the
Civic Center in the City of Anaheim on November 27, 2006, at 2:30 p.m., notice of said public hearing having
been duly given as required underResolution 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 connec4ion 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 Na 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; and that
the gift shop is located within the hoteL
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 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 166 above
average.
5. That there are no schools or residential uses adjacent to the subject site.
6. That there is not an over-concentration of ABC licenses in the reporting district, and there are not
any licenses for off-premises sale and consumption immediately adjacent to the site and that the conditions of
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approval will ensure that approval of the proposal will not adversely affect anyadjoining 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 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 subject 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,
Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines, and is, therefore, exempt
from the requirements to prepare additional environmental documentation.
- 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
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 which are clearly visible to the exterior shal( constitute a violation of this condition.
2. That the hours of operation are limited to 7:00 am to 11:00 pm daily.
3. That there sha11 be no display of alcoholic beverages located outside of a building or within five (5) feef 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 the building.
5. That the 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.
7. 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 located outside the .
building and within the control of the applicant.
9. That no person under twenty-one (21) years of age shall sell or be permitted to sell any beer or wine.
10. That the gross sales of alcoholic beverages s.hall 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 inspectiorr 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 being applied.
13. That the applicant shall be responsible for maintaining free of litter the area adjacent to the premises over
which they have control, as depicted.
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14. That approval of this application applies only to the 1,074 square foot gift shop depicted on the site and floor
plan (Exhibit Nos. 1#hrough 3) on file in #he Planning Department.
15. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department
marked Exhibit Nos. 1 through 3, and as conditioned herein.
16. That prior to commencement of the activity authorized by this resolution, orwithin a period of one (1) year
from the date of this resolution, whichever occurs #irst, Condition Nos. 1, 3, 4, 8, 11 and 15,
_ 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:
17. That approval of this application constitutes approval,of the proposed request only to the extent that
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'thaf 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 theapplicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
November 27, 2006. Said'resolution is subject to the appeal pro 'sions t forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal proce and be replace b ity Council
Resolution in the event of an appeaL
CHAIRMAN, ANAHEIM NNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) _ _
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certifythat
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
IN WITNESS WHEREOF, I have hereunto set my hand this ~ Z~ day of 2C2/r1 r,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION `
_4_ PC2006-106