Resolution-PC 2001-148• ,
RESOLUTION NO. PC2001-148
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00001
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 620 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" for those certain applications requiring that such
determination be made by the local governing body pursuant to applicable provisions of the Business and
Professions Code, 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 City Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to on certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
THE WEST 662.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS THE WEST
HALF OF THE NORTHWEST QUARTER OF SAiD S~CTIOIV 9 IS SHOWN ON A
MAP FILED IN BOOK 28, PAGE 32 OF RECORD OF SURVEYS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 8, 2001, at 1:30 p.m., notice of said public hearing having been duly given
as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of public
convenience or necessity for an alcoholic beverage control license 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 due to the unique nature of this wholesale and bulk sales market (i.e., Smart
and Final Store), the sale of alcoholic beverages does offer public convenience or necessity.
2. That the large retail area of the underlying census tract creates a higher need for
sale of alcoholic beverages for off-premises consumption not reflected in population densities that
establish the allowable number of off-premises ABC licenses; and, further, that an existing Type 21
license would be transferred to the new location thereby not impacting or increasing the overall number of
ABC licenses for the City of Anaheim.
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3. That the petitioner has demonstrated that this request would serve to benefit the
public in terms of convenience or necessity by providing an additional convenient shopping amenity at one
location as is normal and customary in the operation of this business.
4. That the size and the shape of the site for the proposed use is adequate to allow
the full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
5. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission
has determined that, pursuant to Section 15061(b)(3), the proposed project is exempt from the
requirement to prepare an environmental impact report ("EIR") as defined in the State of California EIR
Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
determine that the public convenience or necessity will be served by the issuance of an alcoholic
beverage ("ABC") license to allow the retail sale of alcoholic beverages for off-premises consumption
within an existing market at 620 North Euclid Street.
BE IT FlJRTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon the applicanYs
compliance with each and all of the above-findings and with the conditions set forth below:
That the hours of operation shall be limited to 7 a.m. to 10 p.m. daily.
2. That the existing "Type 21" liquor license for 1751 West Lincoln Avenue shall be transferred to 620
North Euclid Street.
3. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
4. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that any such advertising shall not be audible (interior or exterior).
5. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
any public entrance to the building.
6. That no alcoholic beverages shall be consumed on the premises.
7. That the areas of alcoholic beverages display shall not exceed finrenty five percent (25%) of the total
display area in the building.
That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
Proposed Condition No. 9 was deleted at the Planning Commission public hearing.
10. That no exterior vending machines shall be permitted.
11. That no video, electronic or other amusement devices or games shall be permitted on the premises.
12. That no roof-mounted balloons or other inflated devices shall be permitted.
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13. That shopping carts shall be stored inside the building and there shall be no outdoor storage or
stacking of shopping carts.
14. That no window signage shall be permitted.
15. That the parking lot servicing the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonable illuminate adjacent properties.
16. That no public telephones that are located outside the building and within the control of the applicant
shall be maintained on the property.
17. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
18. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3)
feet from all window areas.
19. That three (3) foot high street address numbers shall be displayed on the "roofs" of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties.
20. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
21. That a letter shall be submitted to the Zoning Division requesting termination of Conditionai Use
Permit No. 3723 (to permit a temporary bank and office building with waiver of minimum landscape
requirements, minimum parking lot landscaping, and required landscaped setback abutting a
residential zone boundary).
22. That prior to commencement of activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2, 19, 20 and 21, above-
mentioned shall be complied with.
23. That apprdval of this application constitutes approval of the proposed request only to the e~ent 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 8, 2001.
ATTEST:
RPERSON, ANAHEIM CITY PLANNING COMMISSION
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 8, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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