Resolution-PC 2012-059RESOLUTION NO. PC2012 -059
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05608 AND MAKING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2012 -00086
(DEV2012- 00052)
(2800 EAST LINCOLN 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-
05608, pursuant to Section 18.60.190 of the Anaheim Municipal Code (herein referred to as the
"Code "), and for a determination of Public Convenience or Necessity No. 2012 - 00086, to allow
an existing service station convenience market with the sales of beer and wine for off -site
consumption located at 2800 East Lincoln 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, this Property is developed with a service station and convenience
market located in the C -G (General Commercial) zone. The Anaheim General Plan designates
the Property for commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 10, 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 Code, to hear and consider evidence for and against proposed Conditional Use
Permit No. 2012 -05608 and Public Convenience or Necessity No. 2012- 00086, 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 - 05608,
does find and determine the following facts:
1. The request to permit the sale of beer and wine from a convenience market for
off -site consumption is properly one for which a conditional use permit is authorized under
Sections Nos. 18.08.030.010 (Primary Uses, Commercial Zones) and 18.38.110 (Convenience
Stores) of the Code.
2. The proposed sale of beer and wine for off -site consumption from a convenience
market will not adversely affect the adjoining land uses and the growth and development of the
area in which it is located because it is commercially zoned and is located in a commercial retail
center with similar surrounding uses.
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3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because this convenience store with the sales of beer
and wine for off -site consumption will not impact the development of the area.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the existing land
use will continue to be compatible with the surrounding area and the proposed sales of beer and
wine are not a health or safety risk to the citizens of the City of Anaheim.
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-
00086, 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 California 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. For purposes of Section 23958, "undue concentration"
means the case in which the premises are located in an area where any of the following
conditions exist:
(a) The premises are located in a crime reporting district that has a 20% greater
number of "reported crimes" (as defined in Section 23958.4) than the average number
of reported crimes as determined from all crime reporting districts within the City of
Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail licenses to
population in the census tract or census division in which the premises are located
exceeds the ratio of on -sale retail licenses to population in the county.
(c) As to off -sale retail license applications, the ratio of off -sale retail licenses to
population in the census tract or census division in which the premises are located
exceeds the ratio of off -sale retail licenses to population in the county.
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3. Notwithstanding the existence of the above - referenced conditions, ABC may
issue a license if the Planning Commission determines that the "public convenience or necessity"
would be served by the issuance.
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.
5. The Property is located within Census Tract 863.04 with a population that allows
for three off -sale and five on -sale Alcoholic Beverage Control licenses in the tract. The Anaheim
Police Department evaluates these requests based on the crime rate in the police reporting district
by utilizing a 1/4 mile radius for the subject site. This Property is located in Police Reporting
District No. 1630 and has a 1/4 mile radius crime rate below the average. Further, no alcohol
related crimes are associated with this location.
6. A determination of Public Convenience or Necessity can be made based on the
finding that the license requested 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 for off -
premises consumption would serve as an added convenience to residents and visitors to the area
who choose to patronize 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2012 -05608 and Public Convenience or Necessity
No. 2012 - 00086, 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. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
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BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05608 and
Public Convenience or Necessity No. 2012 -00086 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.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No.
2012 -05608 and Public Convenience or Necessity No. 2012 -00086 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 September 10, 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.
CHAIRMAN, ANAHEIM CITY
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 September 10, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this I O day of September 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2012 -00052
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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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E VIRGINIA AVE
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CONDITIONAL USE PERMIT NO. 2012-05608 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00086
(DEV2012- 00052)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL
1
No display of alcoholic beverages shall be located
Police
outside of a building or within five (5) feet of any
Department
public entrance to the building.
2
There shall be no exterior advertising or sign of any
Police
kind or type, including advertising directed to the
Department
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
Police
exceed 25% of the total display area in a building.
Department
4
Sale of alcoholic beverages shall be made to
Police
customers only when the customer is in the building.
Department
5
The possession of alcoholic beverages in open
Police
containers and the consumption of alcoholic
Department
beverages are prohibited on or around these
premises.
6
There shall be no public telephones on the property
Police
that are located outside the building and within the
Department
control of the applicant.
7
Business owner shall police the area under their
Police
control in an effort to prevent the loitering of persons
Department
around the premises.
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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.
Code
Enforcement
9
The parking lot shall be equipped with lighting of
Police
sufficient power to illuminate and make easily
Department
discernible the appearance and conduct of all
persons on or about the parking lot.
10
The subject property shall be developed substantially
Planning
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.
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