Resolution-PC 2011-018RESOLUTION NO. PC2011 -018
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2011 -00076
FOR A TYPE 21 ALCOHOLIC BEVERAGE CON'1'ROL LICENSE
(DEV2011- 00009)
(2808 WEST LINCOLN AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 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
WHEREAS, 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 Conditional
Use Permit No. 2011 -05549 to permit the sales of alcoholic beverages for off -site consumption
in conjunction with a convenience store for certain real property situated in the City of Anaheim,
County of Orange, State of California, shown on Exhibit "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 March 28, 2011, at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, 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:
1. That the C -G (General Commercial) zone permits the sales of alcoholic beverages
for off -site consumption in conjunction with a convenience store, pursuant to Sections 18.08.030
(Primary Uses, Commercial Zones), ) and 18.38.110 (Convenience Stores) of the Anaheim
Municipal Code subject to the approval of a conditional use permit. The proposed sales of
alcoholic beverages for off -site consumption will not adversely affect the adjoining land uses or
- 1 - PC2011 -018
the growth and development of the area in which it is proposed to be located because it is
accessory to a convenience store and is located in a commercial retail center.
2. That California state law requires a Determination 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 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 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 within Census Tract 869.03 with a population that
allows for four off -sale ABC licenses and there are presently four licenses in the tract; and seven
on -sale licenses and there are presently three in the tract. The Anaheim Police Department
evaluates these requests based on the crime rates within a one - quarter mile radius for the subject
site. The police reporting district in which this business located has an above - average crime rate
of 304% percent above the average. However, the Police Department does not oppose this use,
subject to the business continually adhering to the recommended conditions of approval.
5. That the traffic generated by the convenience store with off - premises alcoholic
beverage sales will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
6. 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 and further that granting 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 alcoholic beverages is ancillary to the proposed
store and would serve as an added convenience to residents and visitors to the area who choose
to shop at this establishment. The Police Department indicates no specific concerns related to
off - premises alcoholic beverages sales and operation of this business, subject to the conditions of
approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 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 off - premises consumption at this
location subject to the conditions of approval described in Exhibit `B" attached hereto and
- 2 - PC2011 -018
incorporated by this reference which are found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the health, safety and general welfare of the Citizens
of the City of Anaheim.
BE IT FURTHER RESOLVED 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 of Permit Approval) and 18.60.200 (City -
Initiated 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 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 of building 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 application.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve the Determination of Public Convenience or Necessity No.
2011 -00076 subject to the conditions of approval described in Exhibit `B" attached hereto and
incorporated 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 welfare of
the citizens of the City of Anaheim.
THE FOREGOING RESOLUTION a ado at the Planning Commission
meeting of March 28, 2011.
ATTEST:
CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION
SENIOR SECIIETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2011 -018
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 meeting of the Anaheim
City Planning Commission held on March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: AGARWAL, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March 2011.
SENIOR S CRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2011 -018
- IAPN: 126 - 012 -08 I
50 100
r�cc
EXHIBIT "A"
DEV2011 -00009
W LINCOLN AVE
90'
LO
m
N N
90'
w c
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11083
- 5 PC2011 -018
EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00076
(DEV2011- 00009)
NO. CONDITIONS OF APPROVAL
GENERAL
1 No display of alcoholic beverages shall be located
outside of a building or within five (5) feet of any
public entrance to the building.
2 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.
3 The area of alcoholic beverage displays shall not
exceed 25% of the total display area in a building.
4 Sale of alcoholic beverages shall be made to
customers only when the customer is in the building.
5 The possession of alcoholic beverages in open
containers and the consumption of alcoholic
beverages are prohibited on or around these
premises.
6 There shall be no public telephones on the property
that are located outside the building and within the
control of the applicant.
7 There shall be no amusement machines, video game
devices, or pool tables maintained upon the premises
at any time.
8 The gross sales of alcoholic beverages shall not
exceed 35 percent of all retail sales during any three
(3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate
amounts of sales of alcoholic beverages and other
items. These records shall be made available for
inspection by any City of Anaheim official when
requested.
REVIEW SIGNED
BY OFF BY
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
- 6 PC2011 -018
9 Business owner shall police the area under their
control in an effort to prevent the loitering of persons
around the premises.
10 Any graffiti painted or marked upon 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.
11 The business shall not operate beyond 10:00 p.m.
each day of the week.
12 The parking lot shall be equipped with lighting of
sufficient power to illuminate and make easily
discernible the appearance and conduct of all
persons on or about the parking lot.
13 The subject property shall be developed substantially
in accordance with plans submitted to the City 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.
Police
Department
Code
Enforcement
Planning
Services
Code
Enforcement
Planning
Services
-7- PC2011 -018