Resolution-PC 2012-050RESOLUTION NO. PC2012 -050
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012 -05612 AND DETERMINING
PUBLIC CONVENIENCE OR NECESSITY NO. 2012 -00087
FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2012- 00062)
(2000 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05612, pursuant to Section 18.60.190 of the Anaheim Municipal Code, and a Determination of
Public Convenience or Necessity No. 2012- 00087, to permit beer and wine sales for off - premises
consumption within a convenience market to be operated from an existing, presently vacant
commercial building located at 2000 East La Palma Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the
"Property "); and
WHEREAS, the Property is currently developed with a 2,307 square foot vacant
commercial building; the zoning is General Commercial (C -G); and the Anaheim General Plan
designates the Property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 30, 2012 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 Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2012 -05612 and Public Convenience or Necessity No. 2012 - 00087, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning 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 pertaining to the request for Conditional Use Permit No. 2012- 05612, does find and
determine the following facts:
1. The request to allow beer and wine sales for off - premises consumption in a
proposed convenience market is properly one for which a conditional use permit is authorized
under Section 18.10.030.010 (Alcoholic Beverage Sales — Off Sale) of the Anaheim Municipal
Code.
2. The request to allow the proposed beer and wine sales would not adversely affect
the surrounding land uses and the growth and development of the area because the use would be
compatible with the surrounding commercial and multiple family residential uses and all
activities will occur inside the building.
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3. The size and shape of the Property is adequate to allow the full operation of the
existing and proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare of the public because sufficient parking will be provided to
accommodate the convenience market.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site is consistent with typical retail businesses that would be
permitted as a matter of right within the General Commercial zone.
5. Granting Conditional Use Permit No. 2012 -05612 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area.
WHEREAS, the Planning 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 pertaining to the request for Public Convenience or Necessity No. 2012 - 00087, does
find and determine the following facts:
1. 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).
2. 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.
3. California State law requires a Determination of Public Convenience or Necessity
when property is located in a census tract with more off -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.
4. 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.
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5. The property is located within Census Tract 864.02 with a population that allows
for four off -sale ABC licenses and there are presently seven licenses in the tract. In addition, six
on -sale licenses are allowed and one presently exists in the tract. The Anaheim Police
Department evaluates these requests based on the crime rate within a one - quarter mile radius for
the subject site. The proposed location is located in Police Reporting District No. 1528 which
has a crime rate that is above the citywide average and the crime rate within 1 /4 mile of this
property is 225% above the citywide average based upon calls for service. Since there is an
overconcentration in the number of ABC licenses within this census tract and the crime rate is
above the citywide average, a determination of public convenience or necessity is required for
this request.
6. A 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 beer and wine 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.
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the Project is within that class of projects which consist of the repair,
maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA.
BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use
Permit No. 2012 -05612 and Public Convenience or Necessity No. 2012 - 00087, including,
specifically, the conditions of approval set forth 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 Property in order to preserve the health, safety and general welfare of the citizens of
the City of Anaheim. Extensions for further time to complete the conditions of approval set forth
in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05612 and Public
Convenience or Necessity No. 2012 -00087 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.
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BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2012 -05612
and Public Convenience or Necessity No. 2012 -00087 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 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 30, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
ANAHEIM
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
COMMISSION
I, Eleanor Morris, 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 July 30, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 30"' day of July, 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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® Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05612 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00087
(DEV2012- 00062)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1
The developer shall install signs indicating "No Left Turn" at both driveway
Public Works
exits. These signs shall be compliant with CAMUTCD sign R3 -2.
2
Final colored building elevation plans shall be submitted to the Planning
Planning
Department for Planning Commission review as a "Reports and
Recommendations" item.
GENERAL
3
The developer shall coordinate and cooperate with the City's "State College
Public Works
and La Palma Intersection Improvements" capital project by the Department
of Public Works for the widening and reconstruction of the driveways in the
public right -of -way.
4
No required parking area shall be fenced or otherwise enclosed for outdoor
Planning
storage.
5
Any graffiti painted or marked upon the premises or on any adjacent area
Code
under the control of the property owner shall be removed or painted over
Enforcement
within 24 hours of being applied.
6
No display of alcoholic beverages shall be located outside of a building or
Police
within five (5) feet of any public entrance to the building.
7
There shall be no exterior advertising or sign of any kind or type, including
Police
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.
8
The area of alcoholic beverage displays shall not exceed 25% of the total
Police
display area in a building.
9
Sale of alcoholic beverages shall be made to customers only when the
Police
customer is inside the building.
10
The possession of alcoholic beverages in open containers and the consumption
Police
of alcoholic beverages are prohibited on or around these premises.
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11
The business owner shall police the area under their control in an effort to
Police
prevent the loitering of persons around the premises.
12
There shall be no amusement machines, video game devices, or pool tables
Police
maintained upon the premises at any time.
13
The parking lot shall be equipped with lighting of sufficient power to
Police
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.
14
The property shall be developed substantially in accordance with plans and
Planning
specifications 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), 2 (Floor Plan), 3 -4 (Elevations), and 5 (Landscaping) and as
conditioned herein.
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