Resolution-PC 2013-020RESOLUTION NO. PC2013 -020
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012-05642 AND
PUBLIC CONVENIENCE OR
NECESSITY NO. 2013 -00094 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE
(DEV2012- 00132)
(3414 WEST BALL ROAD)
WHEREAS, on July 11, 1995, the City Council of the City of Anaheim (herein
referred to as 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 California Business
and Professions Code, and prior to the issuance of a license by the Department of Alcoholic
Beverage Control (herein referred to as "ABC "); and
WHEREAS, Section 23958 of the Business and Professions Code provides that
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 (herein referred to
as the "Planning Commission ") did receive a verified petition for a Determination of Public
Convenience or Necessity No. 2013 -00094 in conjunction with an application for Conditional
Use Permit No. 2012 -05642 to permit beer and wine sales with a Type 20 (off -sale beer and
wine) ABC license for off - premises consumption in an existing convenience market that is less
than 15,000 square feet pursuant to Section No. 18.60.180 of the Anaheim Municipal Code
(herein referred to as the "Code ") for certain real property located at 3414 West Ball Road, Suite
H, in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (herein referred to as the 'Property "); and
WHEREAS, the Property is located within a 1.45 -acre commercial site developed
with a multi-tenant commercial building located in the C -G (General Commercial) zone. The
commercial site is designated for Low - Medium Residential land uses in the City of Anaheim
General Plan; and
WHEREAS, on February 25, 2013, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given as required by Resolution No. 95R -134 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 -05642 and Public Convenience or Necessity No. 2013 - 00094, and to
investigate and make findings and recommendations in connection therewith; and
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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 proposed 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 proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 - 05642,
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 existing convenience market is compatible with commercial uses and other
uses within the area.
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 existing convenience market will 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 -05642 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. 2013-
00094, does find and determine the following facts:
1. California State law requires a determination of "public convenience or
necessity" when property is located in a reporting district that has a crime rate above the
average and has an over - concentration of licenses; and that Section 23958 of the Business
and Professions Code provides that the ABC shall deny an application for a license if
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issuance of that license would tend to create a law enforcement problem except when an
applicant has demonstrated that public convenience or necessity would be served by
issuance of a license.
2. Resolution No. 95R -134 authorizes the City of Anaheim Police
Department to make recommendations related to public convenience or necessity
determinations; and when the sale of alcoholic beverages for off - premises consumption is
permitted by the Code, 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.
3. The Property is located within Census Tract No. 878.01 with a population
of 4,890 that allows for three off -sale ABC licenses and there are presently eight licenses
in the tract; and, six on -sale licenses and there are presently seven in the tract. The
Anaheim Police Department evaluates these requests based on the crime rates within the
police reporting district by utilizing a' /4 mile radius for the subject site. This site has a' /4
mile radius crime rate of 59% percent above the average. However, the subject site is
located within Reporting District 1914 which is below average in crime. There have been
no calls for service to this location in the last year.
4. 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 the granting of 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 products sold at the convenience store and would serve as an
added convenience to those who choose to shop at this establishment.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 2012 -05642 and determines 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 the Property, subject to the conditions of approval described 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 conditions of approval may be granted in accordance with Section 18.60.170 of the
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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2012 -05642 and
Public Convenience or Necessity No. 2013 -00094 are 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 Code.
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BE IT FURTHER RESOLVED that approval of Conditional Use Permit No.
2012 -05642 and Public Convenience or Necessity No. 2013 -00094 constitutes approval of the
proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim
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 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 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 for this project. 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 adopted at the Planning Commission
meeting of February 25, 2013. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal.
U 1 U6q0---- ,
ATTEST: PL
CHAIR, ANAHEIM CITY G COMMISSION
SECRETARY, ANAHEIM CITY PLANNING 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 February 25, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of February,
2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00132
APN: 079- 941 -05
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05642
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2013-00094
(DEV2012- 00132)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
GENERAL
1
No display of alcoholic beverages shall be located outside of a
Police Department
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
Police Department
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
Police Department
the total display area in a building.
4
Sale of alcoholic beverages shall be made to customers only
Police Department
when the customer is in the building.
5
The possession of alcoholic beverages in open containers and
Police Department
the consumption of alcoholic beverages are prohibited on or
around these premises.
6
Adequate lighting of parking lots, passageways, recesses, and
Police Department
grounds contiguous to buildings shall be provided with lighting
of sufficient wattage to provide adequate illumination to make
clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure
environment for all person, property, and vehicles on -site. All
exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
Monument signs and addresses shall be well lighted during hours
of darkness. Minimum recommended lighting level in all
parking lots is .5 foot - candle maintained, measured at the parking
surface, with a maximum to minimum ratio no greater than 15:1.
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
7
Any graffiti painted or marked upon the premises or on any
Code Enforcement
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
8
The applicant shall be responsible for maintaining the premises
Planning/ Code
in an orderly fashion through the provision of regular
Enforcement
maintenance and removal of trash or debris.
9
All activities related to the use shall occur indoors, except as
Planning/ Code
may be permitted by an authorized Special Event Permit.
Enforcement
10
Petitioner(s) shall police the area under their control in an effort
Police Department
to prevent the loitering of persons around the premises.
11
The convenience market shall be operated in accordance with
Planning
the Letter of Request submitted as part of this application. Any
Department
changes to the business operation as described in the Letter of
Request shall be subject to review and approval by the Planning
Director to determine substantial conformance with the Letter
of Operation and to ensure compatibility with the surrounding
uses. The hours of operation are 8:00 a.m. to 9:00 p.m.
Monday through Thursday, 8:00 a.m. to 10:00 p.m., Friday and
Saturday and 8:00 a.m. to 9 :00 p.m. on Sunday. The hours of
operation may be modified subject to prior review and approval
by Planning Director.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
12
That all requests for new water services or fire lines, as well as
Public Utilities,
any modifications, relocations, or abandonments of existing
Water Engineering
water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities
Department.
13
There is no backflow prevention device on the existing 1 -1/2
Public Utilities-
inch water meter serving the property. Prior to issuance of
Water Engineering
building permits, a lead free backflow prevention device,
meeting the City of Anaheim's Standards shall be installed at
the existing meter.
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