Resolution-PC 2007-4~ ~
RESOLUTION NO. PC2007-4
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINATIONPUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(8148 EAST SANTA ANA CANYON ROAD, TARGET)
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 California Business and Professions Code, and
prior to the issuance of a license by the Department of Alcoholic Beverage Contro( (ABC); and
WHEREAS, Section 23958 of the Business andProfessions Gode providesthat 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
W HEREAS, the Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity to permit sales of beer and wine for off-premises
consumption within an existing retail store on certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 20 OF LOT LINE ADJUSTMENT PLAT NO. 264, RECORDED SEPTEMBER 30, 1991
AS INSTRUMENT NO. 91=532358 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALfFORNIA
WHEREAS, the Planning Commission of the City Of Anaheim did hold a public hearing at the
Civic Center in the City of Anaheim on January 8, 2007, at 2:30 p.m., notice of said public hearing having been '
duly given as required under Resolution No. 95R-134 and in accordance with 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 findings and recommendations in connection therewith; and
W HEREAS, 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 Anaheim Hills Festival Center Specific Plan No. 90-1 permits the retail sale of alcoholic
beverages, including beer and wine, for off-premises consumption as a permitted accessory use in a retail store,
and the intent of the Code is to provide such sales as a convenience for existing patrons.
2. That California state law requires a Determination of Public Convenience or Necessity when
property is located in a police reporting district with a crime rate above the city average; and that 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 issuance of a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make
recommendations related to the public convenience or necessity determinations; and when the sale of beer and
wine for off-premises consumption is permitted by the Municipal Code, said recommendations shall take the
form of conditions of approval to be imposed on the determination in order to ensure that the sale of beer and
wine does not adversely affect any adjoining land use or the growth and development of the surrounding area.
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4. That the applicant demonstrated tliaf tFie sales of tieer` and wine would be a very minor portion of
the proposed business (3%) retail floor area and no more than five percent of the annual retail sales.
5. That the accessoty sales of beer and wine, as proposed and as approved, will not have a negative
impact on the surrounding area due to the operational characteristics including employee training to prevent
illegal sales to minors.
6. - That subject property is located in Reporting District No. 1244, which has a crime rate of 81 °/a
above the City average and is also located in Census Tract 219.22 which permits 3 off-sale licenses currently
there are 3licenses existing.
7. That there are no schools adjacent to the subject site and is located 111 feet away from the
cfosesf single-family residential uses (across Festival Drive at the rear of the site).
8. That there is an over-concentration of ABC licenses in the reporting district, that the availability of
beer and wine offers a convenience to the customers shopping at this store, the nearest license is located at the
other end of the regional shopping center within a supermarket and that the conditions of approval will ensure
that approval of the proposal will not adversely affect any adJoining land use or the growth and development of
the surrounding area.
9. That the Determination of Public Convenience or Necessity can be made based on the finding that
the ficense requested is consistent with the Planning Commission policy for such determinations.
10. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized
representative has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines, and is, therefore, exempt
from the requirements to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
determine 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 this location based on the following:
1. 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 beer and wine. Interior displays of beer and
wine which are clearly visible to the exterior shall constitute a violation of this condition.
2. 7hat the hours of operation for beer and wine sales shall be limited to 6:00 am to 11:00 pm daily.
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 alcoholic beverage displays sha4! not exceed 25% of the totaf display area in the building.
5. That the sale of beer and wine shall be made to customers only when the customer is in the building.
6. That beer, malt beverages and 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 there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant.
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9. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer and wine without
the presence of a store supervisor twenty-one (21) years of age or older.
10. That the gross sales of beer and wine shall not exceed 35 percent 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:
11. That there shall be no public telephones on the property that are located outside the building and within the
control of the applicant.
12. 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 24 hours of discovery.
13. That the applicant shall be responsible far maintaining free of litter the area adjacent to the premises over
which they have control. '
14. That the property owner shall submit a letter to the Planning Services Division requesting termination of
Conditional Use Permit No. 3920 {to permit a temporary health club facility in an existing tenant space
during construction of a previously approved 35,000 square foot health club facility.
15. That the beer and wine display shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department
marked Exhibit Nos. 1 and 2, and as conditioned herein.
16. That prior to commencement of the activity authorized by this resolution, or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 8, 11, 14 and 16,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Chapter 18.60 (Procedures) of the Anaheim Municipal Code.
17. 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.
18. That 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.
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 the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the finai judgment of any court of competent jurisdiction, thenlthis 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 iinal invoice 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.
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THEFOREGOING RESOLUTION was adopted at the_Planning Commission meeting of
January 8, 2007. Said resolution is sub}ect to the appeal provisions set f h in Chapter 18.6Q "Procedures" of
theAnaheim Municipal Code pertaining to appeal procedures an ma replaced by a City Council Resolution
in the event of an appeal. ~
C AIRMAN, ANAH M PLANNING COMMISSION
ATTEST:
0
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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
January 8, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
ro~
IN WITNESS WHEREOF, I have hereunto set my hand this o~-3 day of c~. ~ ,
2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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