Resolution-PC 2011-046RESOLUTION NO. PC2011 -046
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DE'T'ERMINATION
AND APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2011 -00077
FOR A TYPE 21, OFF-SALE OF ALCHOLIC BEVERAGE GENERAL ALCOHOLIC
BEVERAGE CONTROL LICENSE
(DEV2011- 00041)
(440 NORTH EUCLID STREET)
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 the sales of
alcoholic beverages for off -site consumption in conjunction with a grocery store for certain real
property situated in the City of Anaheim. County of Orange, State of California, shown an
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 June 20, 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 malce 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 retail store over 15,000 square feet, pursuant to
Sections 18.08.030 (Primary Uses, Commercial Zones),of the Anaheim Municipal Code. The
proposed sales of alcoholic beverages for off-site consumption will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be
located because it is accessory to a store and has commercial uses surrounding the property.
- 1 - PC2011 -046
2. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district with a high crime area, 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 alcoholic beverages 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 872.00 with a population that
allows five off - premises sales licenses and there are currently two off - premises sales license in
the tract. The existing Type 20 ABC license would be upgraded to a Type 21 license so the
number will not change. . Police Department staff indicates that this site is located within Police
Reporting District 1622 which has a crime rate that is 360% above the citywide average.
Although the area has an above - average crime rate, the Police Department does not feel that the
upgrade of the license will be a detriment to the surrounding neighborhood.
5. That the traffic generated by the retail store with off - premises alcoholic 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 upgraded license requested is consistent with the Planning Commission's
previous approvals 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
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 beverage sales and operation of this business, subject to the original
conditions of approval contained in PC Resolution No. 2008 -056 that were approved for the off -
sale of beer and wine.
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
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.
2 PC2011 -046
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.
13E 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 -00077 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-was . sopted at the Planning Commission
meeting of June 20, 2011.
ATTEST:
CHAIRMAN, AN F HEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC2011 -046
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 June 20, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI,
PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of June 2011.
1 `s
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2011 -046
APN: 072- 110 -41 I
172.9T
EXHIBIT "A"
DEV2011- 000-11
5
Source: Recorded Tract Maps andlar City GIS.
Please note the accuracy is +1- two to five feet.
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11115
PC2011 -046
NO.
GENERAL
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00077
(DEV2011- 00041)
CONDITIONS OF APPROVAL
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.
No display of alcoholic shall be located outside of a
building or within five (5) feet of any public entrance to
the building.
The area of alcoholic displays shall not exceed 25% of
the total display area in a building.
Sale of alcoholic shall be made to customers only when
the customer is in the building.
The sale of beer or malt beverages in quantities of quarts,
22 oz., 32 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.
The possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are
prohibited on or around these premises.
Wine shall not be sold in bottles or containers smaller
than 750 ml. and wine - coolers must be sold in
manufacturer pre - packed multi -unit quantities.
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.
9 There shall be no amusement machines, video game
devices, or pool tables maintained upon the premises at
any time.
10 The parking lot of the premises shall be equipped with
lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all person on
or about the parking lot. Additionally, the position of
such Iighting shall not disturb the normal privacy and use
of any neighboring residences.
REVIEW SIGNED
BY OFF BY
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
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11 There shall be no public telephone on the property that
are located outside the building and within the control of
the applicant.
l The applicant shall be responsible for maintaining free of
litter the area adjacent to the premises over which they
have control, as depicted on the site plan.
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
Plans) and as conditioned herein.
Police
Department
Police
Department
PIanning
7 PC2011 -046