RES-2009-140RESOLUTION NO. 2009 -140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PREMISES
LOCATED AT 859 SOUTH HARBOR BOULEVARD,
ANAHEIM, CALIFORNIA (DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2009 00060).
WHEREAS, pursuant to applicable provisions of the Business and Professions
Code, the Department of Alcoholic Beverage Control (hereinafter the "Department is charged
with the responsibility of reviewing applications and issuance of licenses "licenses for the sale
and or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that
the Department 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 as provided in Section 23958.4 of said Business and
Professions Code: and
WHEREAS. Section 23958.4 of the Business and Professions Code provides that,
notwithstanding the limitations of Section 23958, the Department shall issue a license if the
applicant shows that "public convenience or necessity" would be served by the issuance of such
license: and
WHEREAS, said Section 23958.4 further provides that the determination of
"public convenience or necessity" shall be made by the Department with regard to certain
applications. and shall be made by the local governing body of the area in which the applicant
premises are located with regard to certain other applications; and
WHEREAS, as a local governing body within the meaning of said Section
23958.4 of the Business and Professions Code, the City Council of the City of Anaheim
(hereinafter the "City Council has heretofore adopted Anaheim City Council Resolution No.
95R -134 delegating determinations regarding "public convenience or necessity" which
determinations are otherwise within the authority of the City Council to the Planning
Commission of the City of Anaheim, and establishing procedures for the processing of such
determinations. including the appeal of such determinations to the City Council, and providing
for certain other procedural matters concerning the review and issuance of such licenses by the
Department. and
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission') did receive an application for a determination of public convenience or necessity
to permit the sale of beer and wine for off premises consumption in conjunction with a
convenience market on that certain real property generally located at 859 South Harbor
Boulevard, Anaheim, California, as more particularly shown in Exhibit A attached hereto and
incorporated herein by this reference (hereinafter the "application and
WHEREAS, Determination of Public Convenience or Necessity No. 2009 -00060
is proposed in conjunction with Conditional Use Permit No. 2009 -05422 to permit a convenience
market with the sale of beer and wine for off premises consumption in an existing commercial
building (hereinafter the "Project Actions'); and
WHEREAS, the Planning Commission did hold a duly noticed public hearing to
consider the Project Actions, and did receive and consider evidence and testimony for and
against said project, and. on May 27. 2009, following said public hearing adopted its Resolution
No. PC2009 -059 granting Determination of Public Convenience or Necessity No. 2009 -00060 to
permit the sale of beer and wine for off premises consumption in conjunction with a convenience
market in an existing commercial building; and
WHEREAS, the Planning Commission has reviewed the Project Actions and did
find and determine 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: and
WHEREAS, within the time prescribed by law, an interested party did appeal said
Planning Commission decision to the City Council, asking the City Council to reconsider
Conditional Use Permit No. 2009 -05422 and Determination of Public Convenience or Necessity
No. 2009- 00060, as requested by applicant, to permit the sale of beer and wine for off premises
consumption in conjunction with a convenience market; and
WHEREAS, the City Council did set said application for such project for a de
novo hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS. at the time and place fixed for said public hearing, the City Council
did hold a duly noticed public hearing to consider said application and did receive and consider
evidence and testimony for and against the application, and based thereon does hereby make the
findings and determinations hereinafter set forth.
WHEREAS. the City Council does find, after careful consideration of all
evidence and reports submitted to the Planning Commission and the action taken by said
Commission. and all evidence and reports offered at said public hearing before the City Council,
that the public convenience or necessity would be served by the proposed sale of beer and wine
for off premises consumption in conjunction with a convenience market, as requested in the
application_ for the following reasons:
California state law requires a Determination of Public Convenience or Necessity
when property is located in a reporting district that has an over concentration of licenses 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 except when an applicant has demonstrated that public convenience or necessity would
be served b\ issuance of a license.
2. 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,
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 area.
The subject property is located within Reporting District 1824, which has a crime
rate of a 154% above the average. The population within the census tract allows four off -sale
licenses in the tract and there are presently six licenses in the tract.
4. The proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the sale of beer and wine
is ancillary to the overall product mix provided by the neighborhood- oriented commercial retail
store.
The traffic generated by the continued use of the property as a convenience market
with off premises beer and wine beverage sales will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
6. The granting of the Determination of Public Convenience or Necessity under the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim as the sale of beer and wine beverages is ancillary to the proposed market. The Police
Department indicates no specific concerns related to off premises beer and wine sales and
operation of this business. subject to the conditions of approval.
WHEREAS, the City Council has reviewed the Project Actions and does find and
determine 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons
hereinabove stated, does determine that the public convenience or necessity would be served by
the approval of said license, which is hereby approved, subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim. Extensions for
further time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval
may be amended by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies 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.
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions set forth in Exhibit B. Should any such conditions, 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 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.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that this application is granted subject to approval
by the City C ouncil of Conditional Use Permit No. 2009- 05422, now pending.
BE IT FURTHER RESOLVED that the business owner 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. 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 is approved and adopted by the City Council
of the Cit of Anaheim this 11th day of August 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: leg
\BS FAIN: NONE
ATTEST:
CITY CLER OF HE CITY 0
3832 b1,'MGordon
A
AHEIM
CITY OF HEIM
By:
MAYOR OF THE CIT 6F AMAHEIM
EXHIBIT "A"
CONDITIONAL LSE PERMIT NO. 2009 -05422
I APN: 036 183 -37
v
►r
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10763
EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00060
RESPONSIBLE
FOR
MONITORING
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police
Police
Police /Code
Enforcement
Police /Code
Enforcement
NO. CONDITIONS OF APPROVAL
GENERAL ONGOING DURING PROJECT OPERATION
No alcoholic beverages shall be displayed outside of the
building or within five (5) feet of any public entrance to the
building.
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.
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8
y
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The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
The sales of alcoholic beverages shall be made to customers
only when the customer is in the building.
Beer and malt beverages in quantities of quarts, 22 oz.. 40 oz.,
or similar size containers is prohibited. No beer or malt
beverages shall be sold in quantities of less than six per sale.
Wine shall not be sold in bottles or containers smaller than
750m1. and wine- coolers must be sold in manufacturer pre-
packaged multi -unit quantities.
The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around the premises.
The parking lot of the premises shall be equipped with lighting
of a minimum one (1) foot candle power to illuminate and make
easily discernible the 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 amusement machines, video game devices or
pool tables maintained on the premises at any time.
There shall be no public telephones on the property that are located
outside of the building and within the control of the applicant.
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The business owner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they have
control, in an orderly fashion through the provision of regular
maintenance and removal of trash or debris. Any graffiti
painted or marked on 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.
The hours of operation shall not extend beyond midnight, seven
days a week.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
13 of Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 (Site Plan
and 2 (Floor Plan), and as conditioned herein.
Code
Enforcement
Police
Planning