Resolution-PC 2005-35• ~
RESOWTION NO. PC2005-35
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
bETERMINING PUBLIC CONVENIENCE OR NECESSITY N0. 2005-00098
'FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
: (3020 WEST LINCOLN AVENUE)
WHEREAS, on July 11, 1995,the City Councii 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); and
WHEREAS, Section 23958 of the Business and Rrofessions Code provides that the ABC
sha11 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 did receive an application
for a Determination of Public Convenience orNecessity to permit sales of beer and wine for off-premises
consumption within a proposed convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as
THAT THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; TOWNSHIP :
4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY LYING NORTHERLY AND NORTHEASTERLY
OF.THE FOLLOWING DESCRIBED LINE:
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE
OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS
DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN 7HE OFFICE OF
THE REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY, CALIFORNIA AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN PARCELS 1 AND 3 OF SAID
DEED TO THE STATE OF CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 7, 2005, at 2:00 p.m., notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in accordancewith the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", 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 f+ndings 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 applicant demonstrated that the sale of beer and wine would be a very
minor portion of the praposed business retail sales; and that the cond'+tions of approval limit the gross
sales of beer and wine to 35% of the all retail sales within any three (3) month period.
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; 2. That the accessory sa{e of beer and wine; as proposed and as approved, will not
have a negative impact on the surrounding area due to itslocation adjacent to two arterial highways with
no direct access to a residential neighborhood; and that although the property is locatetl in a crime
reporting district with a crime rate of 129°/a above the City-wide average, only 11 ca11s for service were
reported for this property within the past year. ,
3. ' That the public convenience or necessity will be served because the applicant would
provide a convenience to potential customers traveling on sastbound Lincoln Avenue and southbound
Beach Boulevard and would facilitate access to small sundry items; refreshments,' and a variety of
personal services (ATM, Photocopying) in addition to the sales of beer'and wine.
4. Tha1 a person representing West Anaheim Neighborhood Development (WAND)
spoke in support but relayed some concerns regarding the subject request; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit sales of beer and wine for off-premises consumption '
within a proposed,convenience market and does hereby approve the Negative Declaration upon finding
that'the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review, process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence '
that the project will have a significant effect on the environment.
NOW THEREFORE SE IT RESOLVED that the Planning Commission does hereby determine
that the public convenience or necessity will be served by#he issuance of a license for sales of beer and
wine for off-premises consumption within a proposed convenience market; at this location.
1. That the sales of beer and wine for off-premises consumption shall expire two (2) years from the
date of this resolution on March 7, 2007.
2. That there shall be no exterior advertising or sign of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs are clearly visible to the exterior shall constitute
a violation of this condition.
3. ,That there shall be no display of beer and wine located outside of a building or within five (5) feet
of any public entrance to the building.
4. That the area of beer and wine displays shall not exceed 25% of the total display area ' in a
building. Said information shall be specifically shown on plans submitted for building permits.
5. That the sale of beer and wine shall be made to customers only when the customer is in the
building.
6. That beer and malt beverages 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.
7. That the possession of beer and wine in open containers and the consumption of beer and wine
are prohibited on or around these premises.
8. That the parking lot serving 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. Additionally, the position of such lighting shall not disturb the normal privacy and use
of any neighboring residences. Additional lighting shall be installed on the wesf side of the
building and shall be submitted to the Police Department Community Services Division for review
and approval and shall be specifically shown on plans submitted forbuilding permits.
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9. That there shall be no amusement machines, .video game devices, or pool tables maintained
within or under control of#he convenience'market operator at any time.
10. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
11. That the' gross sales of beer and wine shall not exceed 35%0 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 beer and wine and other items. These records shall be made available for
inspection by any City of Anaheim official when requested. ' -
12. That there shall be no beer or wine consumed on the premises.
' 13. That no wine shall be sold in bottles or containers smaller than 750 ml.
14. That there shall be no- person under eighteen (18) years of age shall sell or be permitted to sell
any beer or wine unless a supervisor twenty-one (21) years ar older is on site.
15. That the applicant shall institute an' employee training program and continually train employees
as appropriate to' ensure responsible' sales of beer and wine to the public and to prevent illegal -
sales to minors. Said , program is' subject to review and approval by the Anaheim Police
Department.
16. That the property owner shall `submit a letter requesting termination of Conditional Use Permit
2002-04645 (fo permit and retain a' computer rental and internet amusement (arcade) business)
and Conditional Use Permit No. 3650 (to permit #he installation of automotiVe accessories in
conjunction with aproposed retail establishment) to the Zoning Division.
17. 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
thePlanning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. .
18. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 4 through 15, above-mentioned, shalf be
complied with. Extensions of further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anatieim Municipal Code.
19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be
complied with.
20. That the applicant shall submit a security plan to the Police Department, Community Services
Division for review and approval. Said plan shall propose additional security measures to the
satisfaction of the Police Department.
21. That approval of this application constitutes approval of the proposed request only to the extent
that 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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each
and all of fhe 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.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each
_ and all of the findings hereinabove set forth.
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AND BE IT FURTHER RESOLVED that the'applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the issuance of buifding permits for this project, whichever occurs first. 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
March 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures an ay laced by a Cit uncil
Resolution in the event of an appeal.
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C RMAN, NAHEIM PLANNING COMMISSION
ATTEST:
/Z~~-~- i`%Y~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ' )
i, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 7, 2005, by the following vote of the members thereof: ,
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this o2.~~•0~- day of
~Lc t ~. , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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