RES-2009-052RESOLUTION NO. 2009 -052
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 1000 WEST LINCOLN AVENUE,
ANAHEIM, CALIFORNIA.
WHEREAS, pursuant to applicable provisions of the Business and Professions
Code, the Department of Alcoholic Beverage Control (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 approve the exchange of an ABC license from a Type 20 license (Off Sale Beer Wine) to a
Type 21 license (Off Sale General) to permit the sale of beer, wine and distilled spirits for off-
premises consumption in conjunction with an existing legal non conforming convenience market
generally located at 1000 West Lincoln Avenue, Anaheim, California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the
application); and
WHEREAS, the Planning Commission 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, on January 21, 2009, following said public hearing adopted its Resolution
No. PC2009 -009 approving said application and determining that the public convenience or
necessity would be served by the proposed sale of beer, wine and distilled spirits for off
premises consumption; and
WHEREAS, within the time prescribed by law, the business owner did appeal
said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, 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; and
WHEREAS, 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 by the City Council of the City of
Anaheim that the public convenience or necessity would be served by the sale of beer, wine and
distilled for off premises consumption, as requested in the application, for the following reasons:
i That the C -G (General Commercial) Zone permits the sale of beer, wine and
distilled spirits for off premises consumption within an existing convenience market subject to
the approval of a conditional use permit.
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 said
-2-
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 growth and development of the surrounding area.
4. That subject property is located in Reporting District 1723, which has a crime rate
of 6 percent above the City average and is also located in a Census Tract which permits 3 off
premises sales and consumption licenses and currently there are 2 such 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 guidelines
pertaining to such determinations.
6. That the sale of beer, wine and distilled spirits for off premises consumption will be
accessory to the general retail sales of the existing convenience market. The sale of beer, wine
and distilled spirits for off premises consumption will provide a convenience to patrons visiting
the existing convenience market. Therefore, the requested off -sale license will not be
detrimental to the area provided that restrictions on the sales of beer, wine and distilled spirits
are included in the approval.
That the exchange of an ABC license from a Type 20 license (Off Sale Beer
Wine) to a Type 21 license (Off Sale General) to permit the sale of beer, wine and distilled
spirits for off premises consumption in conjunction with an existing legal non conforming
convenience market will not impose an undue burden upon or adversely effect adjoining land
uses and will not be detrimental to the health and safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim 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.
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 hereinabove set forth. 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 31st day of March 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY F ANAHEIM
72368.v 1 /MGordon
MAYOR OF THE CITYOF ANAHEIM
EXHIBIT `A"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008 -00048
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
That no alcoholic beverages shall be displayed outside of the
building or within five (5) feet of any public entrance to the
building.
Police/Code
Enforcement
I
I
N
i
That 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.
Police /Code
Enforcement
That the area of alcoholic beverage displays shall not exceed
25% of the total display area in a building
Police /Code
Enforcement
4
That the sales of alcoholic beverages shall be made to
customers only when the customer is in the building.
Police /Code
Enforcement
5
That no person under 21 years of age shall sell or be permitted
to sell alcohol without someone 21 years of age or older
present.
Police/Code
Enforcement
6
That the possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are prohibited on
or around the premises.
Police/Code
Enforcement
EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008 -00048
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
That 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.
Police /Code
Enforcement
That there shall be no amusement machines, video game
devices or pool tables maintained on the premises at any time.
Police /Code
Enforcement
9
That there shall be no public telephones on the property that are
located outside of the building and within the control of the
applicant.
police /Code
Enforcement
10
That 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.
police /Code
Enforcement
1 1
L_
That the rear door(s) shall be kept closed at all times during the
operation of the premises except in the cases of emergency and
to permit deliveries. Said door(s) shall not consist entirely of a
screen door or ventilated security door.
Police /Code
Enforcement
12
That the subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 (Site Plan) and
2 (Floor Plan), and as conditioned herein.
Planning
13
That approval of this application constitutes approval of the
proposed request only to the extent that 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.
Planning