Resolution-PC 2003-165.
RESOLUTION NO. PC2003-165
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00013
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 3420 WEST LINCOLN AVENUE
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" 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 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 permit the retail sale of beer and
wine for off-premises consumption in an existing grocery store on certain real property located at 3420
Wes# L'tncolrr Avenue anc~ si~uated in ~he Ci~y of Anahei~n, ~ounty of Orange, Sta#e of California, described-
as:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 21, PAGE 45 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 2003, 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 (Zoning Procedures-Amendments, Conditional Use Permits and
Variances), 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 the petitioner demonstrated that the sale of beer and wine would be a very minor
portion of the existing business' (99 Cents Only Store) retail sales.
2. That the accessory sale of beer and wine, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics discussed in paragraph
(20) of the Staff Report to the Planning Commission dated December 15, 2003.
3. That the public convenience or necessity will be served because the petitioner is a discount
retailer catering to a specific clientele and, therefore, the types of beer and wine sold at the premises will
be limited in variety based on special bulk purchases with savings passed on to the customer.
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4 That one person representing the West Anaheim Neighborhood Development Council
("WAND") spoke at the public hearing in opposition to the proposal; and that no correspondence was
received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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 a license for Public
Convenience or Necessity No. 2003-00113, at this location.
That the sale of beer and wine shall be limited to the hours of 7:45 a.m. to 10:15 p.m. daily.
2. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior of the buifding from within, promoting or indicating the avaiiability of alcoholic beverages
(i.e., beer and wine). Interior displays of beer and/or wine or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
3. That no display of beer and/or wine shall be located outside the building or within five (5) feet of any
public entrance to the building.
4. That the area(s) of beer and/or wine display shall not exceed five percent (5%) of the total display
area +n ~he builc~ing; and that the sale-of beer and wine shalF be limited-to-room-te~pera~ure -
un-refrigerated table wine and beer for off premises consumption.
That the sale of beer and wine shall be made to customers only when the customer is inside the
building.
That no beer or wine shall be consumed on the premises.
7. That no person under the minimum age as set by State of California law shall sell or be permitted to
sell any beer or wine.
8. That beer and malt beverages shall not be sold in packages containing less than a two (2) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
9. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages shall be prohibited on or around these premises.
10. That the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
11. That no amusement machines, video game devices, or pool tables shall be maintained upon the
premises at any time.
12. That there shall be no public telephones on the property which are located outside the building and
within the control of the applicant.
13. That the gross sale of alcoholic beverages shall not exceed thirty five percent (35%) 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. And, when
requested by any City of Anaheim official, these records shall be made available for inspection.
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14. That 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 twenty four (24) hours of its being applied.
15. That the petitioner shall be responsible for maintaining the area adjacent to the premises over which
they have control, as depicted on Exhibit No. 1(Site Plan), free of litter at all times.
16 That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
17. That approval of this application 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 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 15, 2003. ,
APlAH€IM ClT-Y PLANTVIN~ COMMIS~ION
ATTEST:
~
~~_.._.--,r-~.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: FLORES, ROMERO
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~/S~ day of
~[~~~, 2003.
/l /~"~/~°
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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