Resolution-PC 2008-87RESOLUTION NO. PC2008-87
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
APPROVING A CEQA NEGATIVE DECLARATION AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00047
TO PERMIT THE EXCHANGE OF AN EXISTING TYPE 47 ABC LICENSE
WITH A TYPE 48 PUBLIC PREMISES ALCOHOLIC BEVERAGE
LICBNSE FOR THE SALE OF ALCOHQLIC BEVERAGES
FOR ON-PREMISES CONSUMPTION IN AN EXISTING NIGHTCLUB
(735 NORTH ANAHEIM BOULEVARD)
WHEREAS, on July ll, 1995, the City Council adopted Resolution No. 95R-134
establishii~g procedures and delegating certain responsibiliries to the Plamling Con~mission relating
to the detemiination of "public convenience or necessity" on those certain appl~cations requiring
that such determination be made by tlie local goveming body pursuant to applicable provisia~s oF
tlie Business and Professions Code, and prior to the issuance of a license by the Department of
Alcol~olic Beverage Control (ABC); a~id
WHEREAS, Section 23958 of the Business nnd Professions Code provides tUat 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 concentratioi~ of licenses,
except wl~en an applicant ]~as demonstrated that public convenience or necessity would Ue served by
tl~e issuance of a license; and
WHEREAS, the Anaheim Planning Connnission did reeeive an application For a
Deterniination of PuUlic Convenience or Necessity to permit tl~e exchange of an existi.ng Type 47
ABC license (On-Sale General - Eating Piace) to a Type 48 ABC license (On-Sale Genaral - Public
Premises) for certain real property situated in the City of Analieim, County of Orange, StaYe of
California, as more particularly described in Exhibit "A" attached hereto and incorporated by this
reference.
WHEI2EAS, tl~e Planning Commissioa3 did l~old a public tiea~ing aC the Civic CenCar in
the City of Anaheim on SepCember 3, 2008, at 2:30 p.m., noYice of said public laearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Proceclures", to hear and consider evidence for and against said proposed
variance and to investigaCe and mal<e findings aud recommendations in coniaectiota therewitl~; and
WHEREAS, said Plazlning Conunission, after due inspection, investigation and sYudy
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine Yl~e following facts:
1. That the existing business is a non-conforniing use. "fl~e business was originally
established in 1978 as a restauranY with accessory alcoholic beverage sales. b~ 1975, tlie Zoni~~g
Code permiCYed restaurants wiGh coclctail lounges by right in tl~e CG zone. The b~jsiness has been
operating with a Type 47 ABC license since 1978. Tl~e applicant requests approva3 to exhange a
Type 47 ABC license for a Type 48 ABC license. This license would autlaorize the sale of beer,
wine, and distilled spirits for consimiption on the license premises; food service would not be
required; and minors would not be allowed on the premises.
1 _ PC2008-$7
2. That Califomia State Law requires a Detern~ination of Public Convenience or
NecessiCy wl~en properCy is locaYed in a police reporCing district with a crime rate aUove tM~e city
average; and that Section 23958 of the Business and Professions Code provides that the ABC sl~all `
deny an applicaCion for a license if issuance of 8~at license would tend Co create a law enforcement
problem or if issuance would restilt in, or add to, an undue concentration of licenses, except when
an applicant has demonstrated that public convenience or necessity would be served by issuai~ce of
a Iicense.
3. That Resolution No. 95R-134 autharizes the City of Analieim Police Departn~enC to
ma1:e reconm3endations related to tlie public ca~venience or necessity determinations; and tl~at said
recommendaYions shall take the Porn~ oFconditioirs of approval to be imposed on Uie determination
in order Yo ensure that the sale and consumption oF alcol~olic beverages does not adversely afPect
any adjoining land use or the growth and development of the surroimding area.
4. Tl~at tl~e subject property is located within Reporting District 1524, which has a crin~e
rate oF 107 percent above the CiCy average. This properCy is also located wiChin Ce~~sus TracY No.
865.01 whicl~ has a population of 4,748. This census tracC ailows for five on-sale licet7ses and (here
are cunently four licenses in the tract. The owner proposes to exchange an existing Type 47 license
for a new Type 48 license; tlierefore, there will not be a neC ii3crease in the number of oj~-sale ABC
licenses within the Census TracY.
Tliat there are no schools or puUlic parks adjacent to or within 500 feet of the subject
srte.
6. That klie Detennination of Piiblic Convenience or Necessity can Ue made Uased on the
fti~ding Yhat the licanse rec~uested is consistent wiCl~ tl~e Planning Commission guideline for suc6
detenninations.
7. Tliat alcoholic beverage sales for on-premises consumptioii is a compatiUle use wifhin
an existing bar and niglitclub and will provide a convenience to patrons wlao are visiting the area to
see live entertainment venues. The conditions of approvll contaiired herein relating to restrictions
on alcoholic beverage sales, displays, signage, noise, parking, loitering, and properCy maintenance,
~vould ensure tllat the use would not be detrimental to the area.
8. Tllat the Anaheim Police Department does not oppose tlle proposed ABC License
excliange and recommends conditions of approval as shown below to ensure that approval of this
reqLiest will noY adversely affect any adjoining land ~ise ar the growth and developmei~t of t13e
surroimding area.
9. That no one indicated tlieir presence at the piiblic hearing in opposition; and that no
correspondence was received in opposition to tlie subject request.
WHEREAS, the Analieii3i Planning Commission has reviewed the praposal and does
hereby find tliat the Negative Declaration is adequate to serve as the required environmental
documentation in connection with this reqnest.
NOW, THEREFORE, BE IT FURTHER RESOLVED Chat the Anaheim Plam3ing
Commission does hereby detennine that the public convenience or necessity will be served by the
exchanging of the ABC license for the business from a Type 47 to a Type 48 license subject to tfie
_2_ PC2008-87
conditaons of approva] described in Exhibit "B" attacl~ed hereto and incorporated by tlus reFerence
which are l~ereby found to be a necessary prerequisite to tl~e proposed use of the subject property in
order Co preserve tlie llealtl~, safety and general welfare of the citizens of Cl~e City of P.naheim.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and detern~ine tliat adoption of this Resolution is expressly predicated upon applicanYs °
compliance with eacl~ and aH of Yhe conditions hereinabove set forth. Sho~ild any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgmenY of ai~y court oP
competentjurisdiction, then fliis Resoltition, and any approvals herein contained, shall be cleemed
null and void.
BE IT FUTHER RESOLVED that tlae applicant is responsible for paying all cl~arges
related to the processing oF this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in tl~e revocation of the approval of this
app3iaation,
THE FOREGOING RESOLUTION was adopted at tlie Plamiing Comn3ission
meeting of September 3, 2008. Said resolution is subject to tlte appeal provisions set Porth in
Chapter 18.60 "Procedures" of tlie Analieim Municipal Code pertaining to appeal procedures and
may be raplaced by a City Council Resoltition in the ent of an appeal.
CHAIltMA , AN EIM PLANN G COMMISSION
ATTES'F'~
SECR~TARY,AN
STATE OF CALIFORNIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMI55ION
I, Grace Medina, Senior Secretary of the Anaheim Planning Coinmission, do hereby
certify that Che foregoiaig resolLition was passed and adopted at a meeYing of the Analieim Flanning
Commission held on Saptember 3, 2008, by the following vote of t13e members Chereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAICI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my haiid this IS`h day of
Se~tember, 2008.
G "\ ~-/~ ~ ~./
SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
PC200S-87
EXHIBIT "A"
PUBLIC CONVENIENCE OR NGCESSITY NO. 2008-00047
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Plensz note ~6e acamcy is +/- pyo to fve Icel.
_4_ PC2008-87
EXHIBIT "B"
PUBLIC CONVENIENCE OR NEC~SSITY NO. 2008-00047
Responsible for
~o, Conditions of Approval Monitorin
GENERAL CONDITIONS
1 Tliat the rear door (west side ofb~iilding) shall rei~~ain Police,
dosed after 8:00 p.m. daily and during any time wlren live Code Enforcen~ent
entertaimnent is occurring, except during times of
emergencies. The rear door shall also be fitted with an
alam~ wliich soui3ds when tl~e door is opened.
2 That the permitCed event or activity sl~all not creaYe sound Police,
levels whidi violate any ordina~ice oPthe City of Code Enforcemei~t
Anahatim.
3 That between the hours of 8:00 p.m. and dosing any Police,
Yin~e Che prenaises are providing enCertainment, the Code Enforcement
applicanY shall provide at least tllree ianiform and
licensed security personnel. Security measures sl~all Ue
~ provided to the satisfactio~l of the Anaheim Police
Department to deter unlawfiil cond~ict an the part of
employees or patrons, proniote the safe and orderly
assembly and movement oPpersons and veliicles, ensure
Yliat the off-siee parlcing spaces are being uYilized by
~ patrons in tl~e event tlie on-site parking loC is fiill, a~id to
prevent disturbance to tl~e neighborhood by excessive
noise created by patrons ei~tering or leaving tlie
preinises. Tllere shall generally one guard stationed at
tl~e front door of tlie establislmzenY, one to patrol tl~e
parlcing lot, and one to monitor all areas, including the
building interior and off site padcii~g loYs.
4 That the ~pplicant shall police tlae area under Cheir Police,
control in an effort to prevent the loitering of persons Code EnForcement
about tl~e premises.
5 That trash shall not be emptied into outside trasl~ Police,
containers betweeai the l~ours of 10 p.m. to 7 a.m. daily. Code Enforcement
6 That any and all security officers provided shall comply Police,
with all State and Local ordinances regulating their Code Ei~forcenient
services, inchiding, wiYhout limitation, Chapter I 1.5 of
Division 3 of the Califomia Business and Profession
Code.
_~_ PC2008-87
7 That the operation of any business under this permit shall Police,
not be in violahion oF any provision of the Anaheim Code Enforcement
Municipal Code, State or County ordinance.
8 That tlie n~unber of persons attending the evea~t shall not Fire, Police,
exceed the maximlun occupancy load as detenni~~ed by Code Enforcement
the Analieim Fire DeparimenY. Si~ns indicating tl~e
occupant load shall Ue posted in a conspieuous place on an
approved sign near the main exit from the room.
9 That all entertainers and employees sliall be clotlied in Police,
such a way as to not expose "specified anatomical areas" Code Enforcement
as described in Section 7,16.060 of the Anaheim
Municipal Code.
10 That management shall e-mail a monthly ealendar of Police
entertainmei3t/entertainers to the Vice Detail of the
Polioe Department.
11 That all doors serving subjecC resYaurant shall confonn to Fire
the requirements of the Unifom~ Fire Code and shall be
I~ept closed at all times d~iring tl~e operaCion of the
premisas excepY for ingress/egress, pennit deliveries and
in cases oFemergency.
12 That trash storage areas shall be provided and Planning
maintained in a locaYion acceptable to tlle Public Worlcs
DeparhnenC and in accordance wit13 approved plans on
file with said Department. Said stora~e areas shall be
designed, located and screened so as not to be readily
identifiable from adjacent streeYs or highways. The
walls of the storage areas shall be protected from graffiti
opportiulities by tl~e use of plant materials stich as
minimum one-gallon size clinging viues planted on
maximum tlu-ee-foot centers or tall shniUUe~y.
l3 That adequate lighting shall be provided consisteilt witl~ Police,
police deparhnenC guidelines far parlcia~g loCs, driveway, Code Enforcement
circulation areas, aisles, passageways, recesses and
ground cantiguous to buildings, shall be provided wiYh
ligl~ting of sufficient waCtage consistent wiCh Police
Deparhnent g~iidelines to provide adequat~e illumination
to make clearly visible Yhe presence of any person on or
about the premises during the hours of darla~ess v~d
provide a safe, secure environment for all persons,
property, and vehicles onsite. Par3cing lot liglitiiig shall
Ue direcfed, positioned, and sliielded in such a maimer so
as not to unreasonably illuminate tl~e windows of nearby
residences.
_~_ PC2008-57
14 That tl~ere shall be no live entertainment, unplified music Police,
or dancing permitted on the premises at a~iytime witlio~it ~ode Enforce~nenr -
issuance of proper pennits as required by Title 4 of the
Anaheim Municipal Code.
15 That the biisiness shall not be operated in such a way as to Poliee,
be detrimental to the public health, safety or welfare. Code EnPorcemenf
16 That no one under Yhe age of 21 shall be allowed on the Police,
preinises. Code Enforcement
17 ThaY the busiuess shall not employ or pennit any persons Police,
to solicit or encourage oUiers, directly or indirectly, to Uuy Code Enforcement
them drinlcs in the licensed premises mlder any
commission, percentage, salary, or other profit-sharing
plaii, scheme or conspiracy.
18 That a~ry violation of the application, or any attached Police,
conditions, shall be sufficient goimds to revolce the Code Enforcement
pennit.
19 That the sale of alcoholic beverages for consumption off Police,
tlie premises shall not be pennitted. Code Enforcement
20 Tl~at thare shall be ~to exterior advertising or sign of aaiy Police,
lcind or type, i~icluding advertising directed to tl~e Co~e Enforcement
exterior fro»~ within, promoting or indicating the
availaUility of alcoholic beverages. Interior displays of
alcol~alic beverages or signs whici~ are clearly visible to
the extei•ior shall constihiYe a violation of this conditio3i. ~
21 That there shall be no requirement to purchase a Police,
minimum number of drinl<s. Code Enforcement
22 That signs shall be posted at all exits of the premises oP Police,
tiie prohiUitioil of alcol~olic beverages from leaving the Code Enforceme~3t
confines of the establishment.
23 That alcoholic beverages shall not be included in the Police,
price of admission. Code Enforcement
24 That patrons sl~all go in and out of the front doors aHer Police,
8:00 p.m. daily and the owner shall create a s~nol<ing Code Enforcement
area in tl~e front eqt~ipped with ashtrays and a Yrash
receptacle.
_~_ PC?008-87
,
25 Tl~at hours for live entertainment shall ve limited as Police,
follows: Code EirForcen~ent '
. Wednasday ui~til I1 p:m. ~~
o Thursday, Friday, and Saturday imtil 2 a.m.
o Sunday until 11 p.m.
o Wednesday or Sunday iuitil 3 a.m. when these days
Fall on a federally recognized holiday or on the lisf of
liolidays as shown in tl~e applicant's letter of
operaYion. These additional holidays would include
St. Patrick's Day, Halloween, Clnco De Mayo,
Christmas Eve, and New Year's Eve.
o Live entertainment is not permitted on Monday or
Tuesday.
26 That the property sliall be permanently maintained in an Code EnforcemenC
orderly fashion through Yhe provision of reg~ilar
landscaping maintenance, removal of trash or debris, and
remova] of a affiYi within tsvenCy-four (24) l~ours from
the time of discovery.
27 ThaY approval af Yl~is application constituCes approval oF Planning
the proposed rec~uest only to the exCent Yhat it coi~~plies
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 anyother applicable
ordinance, regiilation or requirement.
28 That extensions For further time to complete condilions Planning
of approval may be granted in accordance with Section
18.60.170 of the Anaheim Mimicipal Code.
29 That the owner shall maintaii~ the condirions of approval Police,
at Yhe busiiiess premises and sl~all make said conditioias Code ~nPorcemenY
available to personnel of the CiYy of Anaheim upon
request during regular business liours.
_g_ PC2008-87