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Resolution-PC 2011-077RESOLUTION NO. PC2011 -077 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00080 FOR A TYPE 20, OFF -SALE OF BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2011- 00075) (1200 NORTH EUCLID STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the PIanning 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 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 October 10, 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 by conditional use permit the sales of beer and wine for off -site consumption in conjunction with a convenience market located within a service station , pursuant to Sections 18.08.040 (Conditional 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 the convenience market and has commercial uses surrounding the property. PC2011 -077 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 866.01with a population that allows eleven off - premises sales licenses and there are currently two off- premises sales license in the tract. This license would bring the total licenses to three licenses. Police Department staff indicates that this site is located within Police Reporting District 1422 which has a crime rate that is 133% above the citywide average. Although the area has an above - average crime rate, the Police Department does not feel that the issuance of the license will be a detriment to the surrounding neighborhood. 5. That the traffic generated by the convenience market and service station with off - premises beer and wine 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 stop and get gas and use the convenience market. The Police Department indicates no specific concerns related to off - premises alcoholic beverage sales and operation of this business, subject to the attached conditions of approval in Exhibit B of this resolution. 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 beer and wine 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 -077 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. THE FOREGOING RESOLUTION was at the Planning Commission meeting of October 10, 2011. A I LEST: c `,huti�l CHAIRMAN, ANAHEIM CITE— LANNI —7 COMMISSION SENIOR SECRE , ANAHEIM PLANNING COMMISSION 3 PC2011 -077 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 October 10, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of October 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2011 -077 EXHIBIT "A" DEV NO. 2011 -00075 APN: 073- 384 -61 073 - 384 -58 W MEDICAL CENTER DR TED IT W ROMNEYA DR 150' c.a cn t 134' W ROMNEYA DR W CUTTER RD Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +l- two to five feet. 00075 5 PC2011 -077 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 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 Department No display of alcoholic shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 3 The area of alcoholic displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of alcoholic shall be made to customers only when the customer is in the building. Police Department 5 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. Police Department 6 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. Police Department The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 8 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. There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department Police Department 9 10 The sale of alcohol shall not be permitted between the hours of 12:00 a.m. and 6:00 a.m. each day of the week. Police Department EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00080 (DEV2011- 00075) - 6 PC2011 -077