Resolution-PC 2009-041RESOLUTION NO. PC2009-041
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLAFtATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING A DETERMININATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2009-00056
(1820 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 11, 1995, the Anaheim City Council adopted Resolufion No.
95R-134 establishing procedures and delegating certain responsibilities to the Planning
Commission relaring to the determination of "public convenience or necessity" on those certain
applicafions requiring that such determinarion be made by the local goveming 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
ABC shall deny an applicarion 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 concentrarion 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 Anaheim City Planning Commission did receive an applicarion
for a Determination of Public Convenience or Necessity to on certain real property situated in the
City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto
and incorporated herein by this reference; and
WHEREAS, Public Convenience or Necessity No. 2009-00056 is proposed in
conjunction with General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim
Resort Specific Plan (SPN2008-00055), Amendment No. 4 to The Anaheun Resort Public Realm
Landscape Program (Miscellaneous Case No. 2009-00297), Conditional Use Permit No. 2009-
05403, Variance No. 2008-00055, and Final Site Plan No. 2008-00004; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on March 2, 2009, 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 heaz and consider evidence for
and against said proposed determination of public convenience or necessity for an alcoholic
beverage conh~ol license to invesrigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Anaheim City Planning Commission, after due inspection,
investigation and study made by itself and in its behalf, and after due considerarion of all
evidence and reports ofFered at said hearing, does find and determine the following facts:
L That the Anaheim Resort Specific Plan No. 92-2 permits the sale of alcoholic
beverages for on-premises consumpfion within a nightclub integrated within the hotel project
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subject to the approval of a conditional use permit and the off-site consumption of beer and wine
for a retail store that is integrated within the hotel. The intent of the Code is to provide such
sales as a convenience for visitors to The Anaheim Resort.
2. 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 and off-site 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 and consumption of
alcoholic beverages does not adversely affect any adjoining land use or the growth and
development of the surrounding azea.
3. That subject property is located within Reporting District 2125, which has a crime
rate of 190 percent above the average. The population within the census tract allows for five off
sale ABC licenses and there are presently four licenses in the tract. The population also allows
for eight on sale licenses and there aze presently seventeen in the tract.
4. That there aze no schools or residential uses adjacent to the subject site.
5. That there are licenses for on-premises sale and aonsumption within the vicinity
of the site; however, those licenses are for restaurants. There are no bars/nightclubs immediately
adjacent to the 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
azea. In addition, the conditions of approval will ensure that approval of the proposal for off-
premises sale and consumption will not adversely affect any adjoining land use or the growth and
development of the surrounding azea.
6. That one person spoke in favor and submitted a letter, two persons expressed
support with some exceptions and submitted two letters and one person relayed some concerns.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the Mitigated Negative Declaration and the associated Mitigation
Monitoring Program No. 156 is adequate to serve as the required environmental documentation
in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Mitigated Negative Declaration
together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby determine 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 for a
nightclub and off-premises consumption for a retail store at this location subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporated by this reference which aze
found to be a necessary prerequisite to the proposed use of the subject property in order to
preserye the health, safety and general welfaze of the Citizens of the City of Anaheim.
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BE IT FURTHER RESOLVED that approval of Public Convenience or Necessity
No. 2009-00056 is subject to approval of General Plan Amendment No. 2008-00470,
Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-00055), Variance No. 200&
004761, Conditional Use Permit No. 2009-05403, and Final Site Plan No. 2008-00004; and
BE IT FURTHER RESOLVED this permit is approved without limitarions on the
hours of operation or the duration of the use. Amendments, modificarions and revocations of this
permit may be processed in accordance with Chapters 18.60.190 (Amendmenk of Permit Approual)
and 18.60.200 (City-Iniriated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoprion of this Resolution is expressly predicated upon applicant's
compliance with each and all of the condirions hereinabove set forth. Should any such condition,
or any part thereof, be declazed 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 City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicanYs compliance with each and a11 of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying a11
chazges related to the processing of this discrerionary case application within 15 days of the
issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the
issuance of required permits or the revocafion of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of Mazch 2, 2009. 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, AI3~AHEI~~I CITY
ATTEST:
ARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meering of the Anaheim
City Planning Commission held on Mazch 2, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, KARAICI, RAMIItEZ, ROMERO
NOES: COMMISSIONERS: EASTMAN
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 16`~' day of March, 2009.
ARY, ANAHETM ~ITY PLANNING COMMISSION
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EXHIBIT "A"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2009-00056
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EXHIBIT `B"
PUBLIC CONVEIVIENCE OR NECESSITY PERMIT NO. 2009-00056
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
iVIGHTCLUBBAR-TYPE 48 LICENSE
GENERAL';
The permitted event or acrivity shall not create sound levels that police/Code
1 violate any ordinance of the City of Anaheun. (Secrion Enforcement
4.16.100.010 Anaheim Municipal Code)
Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct of
Z employees and patrons, promote the safe and orderly assembly Police/Code
and movement of persons and vehicles, and to prevent Enforcement
disturbances to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
3 Anytime the premises aze providing entertainment, the Police/Code
petirioner(s) shall provide uniformed security personnel. Enforcement
The number of persons attending the event shall not exceed the
maximum occupancy load as determmed by the Anaheim Pire Fire/Code
4 Deparhnent. Signs indicating the occupant load shall be posted Enforcement
in a conspicuous place on an approved sign neaz the main exit
from the room.
5 The business shall not be operated in such a way as to be Police/Code
dehimental to the public health, safety or welfaze. Enforcement
All entertainers and employees shall be clothed in such a way as police/Code
6 to not expose "specified anatomical azeas" as described in Sec6on Enforcement
7.16.060 of the Anaheim Municipal Code.
~ No one under the age of 21 shall be allowed in the nightclub. Police/Code
Enforcement
The business shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
8 licensed premises under any commission, percentage, salary, or Police/Code
other profit-sharing plan, scheme or conspiracy. (Secfion Enforcement
24200.5 Alcoholic Beverage Control Act).
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The floor space provided for dancing shall be free of any police/Code
9 fumiture or partitions and maintained in a smooth and safe ~,nforcement
condirion.
~Y violarion of the application, or any attached conditions, shall Police/Code
10 be suffiaient grounds to revoke the permit. Enforcement
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. Police/Code
1~ Interior displays of alcoholic beverages or signs which are Enforcement
cleazly visible to the exterior shall constitute a violation of this
condition.
The sale of alcoholic beverages for consumption off the Police/Code
12 premises is strictly prohibited. Enforcement
There shall be no requirement to purchase a minimum number Police/Code
13 of drinks. Enforcement
Signs shall be posted at all exits of the premises of the police/Code
14 prohibirion of alcoholic beverages from leaving the confines of Enforcement
the establishment.
Alcoholic beverages cannot be included in the price of Police/Code
15 admission. Enforcement
There shall be no amusement machines or video game devices police/Code
16 maintained upon the premises at any rime without obtaining the Enforcement
proper permits from the City of Anaheim.
The nightclub shall be inspected by City staff every two yeazs,
at the expense of the business operator to confirm compliance Planning/Code
1 ~ with applicable conditions of approval and Municipal Code Enforcement
provisions.
RETAIL STORE - TYPE 20 LICENSE
GENERf1L '
There shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exteriar from within,
Promoting or indicating the availability of alcoholic beverages. Police/Code
19 Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior shall constitute a violarion of this
condition.
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No display of alcoholic beverages shall be located outside of a police/Code
20 building or within five (5) feet of any public entrance to the Enforcement
building.
21 The azea of alcoholic beverage displays shall not exceed 25% of Police/Code
the total display azea in a building. Enforcement
Beer and malt beverages in quarts, 22 oz., 40 oz., or similaz size
22 containers may not be sold individually and must be sold in police
multi-unit, prepackaged quanrities as delivered from the
distributor.
The possession of alcoholic beverages in open containers and
23 the consumption of alcoholic beverages aze prohibited on or Polace
azound these premises
There shall be no public telephones on the property that are Code
24 located outside the building and within the control of the Enforcement
applicant.
Any graffiti painted or mazked upon the premises or on any Code
25 adjacent azea under the contro] of the licensee shall be removed Enforcement
or painted over within 24 hours of being applied.
26 The petitioner shall be responsible for maintaining free of litter Code
the azea adjacent to the premises over which they have control. Enforcement
Wine shall not be sold in bottles or containers smaller than 750
27 ml. and wine-coolers must be sold in manufacturer pre- Police
packaged multi-unit quanrities.
The subject property shall be developed substanrially in Planning
accordance with plans and specificarions submitted to the City
28 of Anaheim by the petitioner and which plans are on file with
the Planning Depariment marked Exhibit Nos. 1 through 82,
and as conditioned herein.
That extensions for fmther time to complete condirions of Planning
29 approval may be granted in accordance with Secrion 18.60.170
of the Anaheim Municipal Code.
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That riming for compliance with conditions of approval may be Planning
amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies
30 the original intent and purpose of the condition(s), (ii) the
modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
Approval of this application consritutes approval of the Planning
proposed request only to the extent that complies with the
Anaheim Municipal Zoning Code and any other applicable City,
31 State and Federal regulations. Approval does not include any
acrion or findings as to compliance or approval of the request
regazding any other applicable ordinance, regulation or
requirement.
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