Resolution-PC 2008-102RESOLUTION NO. PC2008-102
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING
APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00039
FOR A TYPE 02, WINEGROWER (WINERY) LICENSE
(1211 NORTH LAS BRISAS)
WHEREAS, on July 11, 1995, the City Council adopted ResolutionNo. 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
WHER~AS, 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 retail sales and on-
premises consumption of alcoholic beverages in conjunction with an application for a
Conditional Use Permit to permit a winery and tasting room with retail sales and on-premises
consumption of alcoholic beverages for certain reai property situated in the City of Anaheim,
County of Orange, State of California, shown on Exhibik 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 October l3, 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 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:
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1. That the Northeast Area Specific Plan 94-1, Development Area 1(SP94-1, DAl) ._
zone permits the sale of wine for on-premises consumption within a winery as an unlisted use,
pursuant to Section 18.66.040.030 of the Anaheim Municipal Code subject to the approval of a
conditional use permit.
2. That California state law requires a Determinakion of Public Convenience or
Necessity when property is located in a census tract with more on-sale alcohol licenses than
allowed; and that Section 23958 of the Business and Professions Gode 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 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 beer and wine does not
adversely affect any adjoining land use or the growkh and development of the surrounding area.
4. That subject property is located in Reporting Dish-ict 143Q which has a crime rate
of 72 percent below the City average and is also located in Census Tract 117.14 which permits
one off-sale Alcoholic Beverage Control licenses and there are presently four licenses in the tract,
and permits 1 on-premises sales and consumption license and currently there aze lO licenses
existing.
5, 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 wine sales for on-premises consumption will be in conjunction with the
general wholesale sales of the proposed winery. The wine sales will provide a convenience to
patrons visiting the winery and selecting wine for purchase. Therefore, the requested on-sale
license will not be detrimental to the area provided that restrictions on the sales of wine are
included in the approval.
9. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
ExempYions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anahaim Planning Commission
does hereby approve the Determination of Public Convenience or Necessity No. 2008-00049
subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated
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by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfaze of the citizens of the.. :., _.
City of Anaheim.
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 or prior to the issuance ofbuilding 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 applicarion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 13, 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 may be
replaced by a City Council Resolution in the event of an appeal.
~~ ~
CHAIRMAN, A AHEI PLANNING C MMISSION
ATTEST:
v ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 3ecretary 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 13, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of
October, 2008. ~
~~, ~_
SENIOR SECRBTARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT L°A"
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049
~PGR SSPPVE
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~ ~ -
Source: RecwdeU Tract Maps antl/ar Cit9 GIS.
~~~~ a~ ~Please note thz accuracy is i/- Gm to five feet.
EXHIBIT "B"
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049
Responsible
No. Conditions of Approval for
Monitorin
TIMING: PRIOR TO FINAL'SUILDINGAND ZONINGINSPEGTIONS OR WITHINA
PERIOD OF ONE (1}, YEfI R FROM THE DATE'OF THIS RESOL UTION, WHICHEI~ER '
OCCURS FIRST
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 aze on file
with the Planning Department Exhibit No. 1 and 2 and as
conditioned herein.
TIMING: GENERAL! CONDITIONS '
Z No person under 21 years of age shall sell or be permitted to sell Police
wine.
No distilled spiriYs shall be sold under this license except as Police
3 otherwise permitted under the Type 2 Winegrower license issued !
by the Department of Alcoholic Beverage Control.
The parking lot of the premises shall be equipped with lighting Police
of sufficient power to illuminate and make easily discernible the
4 appearance and conduct of all persons on or about the parking
lot. Additionally the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
There shall be no pool tables or amusement devices maintained Police
5 upon the premises at any time unless the proper permits have
been obtained from the City of Anaheim,
There shall be no live entertainment, amplified music or dancing Police
6 permitted on the premise without first obtaining an
entertainment permit.
The activities occurring in conjunction with the operation of this Police
7 establishment shall not cause noise disturbance to surrounding
properties.
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The subject alcohol license shall not be exchanged for a public Police
8 premise (baz) type license nor shall the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
The property shall be permanently maintained in an orderly Planning
9 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.
10 The hours of operation shall be consistent with the letter of Planning
operation on file with the City of Anaheim Planning
Deparhnent.
Extensions for further time to complete conditions of approval Planning
11 may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipa] Zoning Code and any other applicable City,
12 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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