Resolution-PC 2007-114• •
RESOLLJTION NO. PC2007-114
A RESOLUTION OF THE ANAHEIM PLANNING CONIlVIISSION
DETERMIlVING PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00036
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 pernut sales of alcoholic
beverages for on-premises consumption within a bar/nightclub 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 CALIFORIVIA, AS SHON ON A MAP THEROF FILED IN
BOOK 349, PAGES 43 TO 50 INCLUSIVE 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 October 1, 2007, 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 deternunation 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:
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1. That the Disneyland Resort Specific Plan No. 92-2 GardenWalk Overlay permits the
sale of alcoholic beverages for on-premises consumption within a bar/nightclub shop integrated
within the GardenWalk project, and the intent of the Code is to provide such sales as a convenience
for visitors; further the bar/nightclub is integrated within the GardenWalk project providing
additional security for the facility.
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 deternunation 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 1925, which has a crime rate
of 129 percent above the City average and is also located in Census tract 875.01 which permits 7
on-sale licenses currently there are 431icenses 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. This is the only bar/nightclub that will be
located within the GardenWalk project. 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.
CALIFORI~TIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has deternuned 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.
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NOW THEREFORE BE TT RESOLVED that the Anaheim Planning Commission does
hereby deternune 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:
Prior to final and zonin~ insnections or within a neriod of one (11 vear from the date of this
resolution, whichever occurs first, the following conditions shall be comnlied with:
1. 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 though 3 and as conditioned herein
General Conditions:
2. Security measures shall be provided to the satisfaction of the 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.
3. Any and all security of~cers provided shall comply with all State and Local ordinances
regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the
California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code)
4. The operation of any business under this permit shall not be in violation of any provision of
the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim
Municipal Code)
5. The number of persons attending the event sha11 not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the main exit from the room. (Section
25.114(a) Uniform Fire Code)
6. All entertainers and employees shall be clothed in such a way as to not expose "specified
anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code.
7. No one under the age of 21 shall be allowed.
8. The business shall not employ or pernut any persons to solicit or 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)
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9. The floor space provided for dancing shall be free of any furniture or partitions and
maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code)
10. Any violation of the application, or any attached conditions, shall be sufficient grounds to
revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code)
11. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.
12. 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.
13. There shall be no requirement to purchase a minimum number of drinks.
14. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages
from leaving the confines of the establishment.
15. Alcoholic beverages cannot be included in the price of admission.
16. No person under the age of 21 shall sell or deliver alcoholic beverages.
17. Management shall e-mail a monthly calendar of entertainmentlentertainers to the Vice
Detail.
18. There shall be no live entertainment, amplified music or dancing permitted on the premises
at any time without issuance of proper permits as required by the Anaheim Municipal Code.
19. There shall be no amusement machines, video game devices, or pool tables maintained
upon the premises without issuance of proper permits as required by the Anaheim
Municipal Code.
20. That approval of this application applies only to the 9,500 square foot bar/nightclub
depicted on the site and floor plan (Exhibits Nos. 1 and 2) on file in the Planning
Department.
21. 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.
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BE TT FLJRTHER 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 FLJRTHER RESOLVED that the Anaheim Planning Commission does hereby ~nd
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 FLTRTHER 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 or prior to the issuance of building pernuts 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
October 1, 2007. 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 may be replaced
by a City Council Resolution in the event of an appeal. / ~
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CHA N,~NAHEIM PL N1~TING CONIlVIISSION
ATTEST:
SECRETARY, ANAHEIM PLANNING CONIlVIISSION
STATE OF CALIFORNL~ )
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 October 1, 2007, by the following vote of the members thereof:
AYES: CONIlVIISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMIVIISSIONERS: NONE
IN WITNESS WHEREOF, ave hereunto set my hand this [~~ ~ day of
~G~--~b~~ , 2~~. ~ ,n ~ _.
SECRETARY, ANAHEIM PLANNING COMIVIISSION
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