Resolution-PC 2007-56~ •
RESOLUTION NO. PC2007-56
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECES$ITY NO. 2007-00034
FOR AN ALCOHOUC BEVERAGE CONTROL LICENSE
(3170 WEST LINCOLN AVENUE)
WHEREAS, on July 11, 1995, the Ciry 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, and 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 Planning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off-
premises consumption within a proposed grocery store on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
EXHIBIT A:
ALL OF THAT CERTAIN LAND SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS DESCRIBED:
PARCEL 1:
PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK 44, PAGE 16 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY ,
CALIFORNIA.
PARCEL 2:
THE SOUTM 108.50 FEET OF PARCELS 1 AND 2 AND OF TME EAST 12.00 FEET OF
PARCEL 3. AS SAID PARCELS ARE SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3:
THE SOUTH 150.00 FEET OF THE NORTH 216.00 FEET OF THE EAST 185.00 FEET OF
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING TMEREFROM THAT PORTION INCLUDEp WITHIN PARCEL 2, AS SHOWN
ON A MAP FILED IN BOOK 44, PAGE 16 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim'on May 30, 2007; at 2:30 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 18.60 "Procedures", to hear and consider evidence for and against said proposed
determination of public convenience or necessity for an alcoholic beverage control license to inuestigate
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 alCevidence and reports offered at said hearing, does find
and determine the following facts:
1. That the C-G (General Commercial) zone permits Large Markets with a square footage of
15,000 square feet or greater as a permitted primary use with the retail sales of alcoholic beverages for
off-premises consumption, and the intent of the Code is to provide such sales as convenience for
customers. _
2. That California state law requires a Determination ofPublic 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 Codeprovides 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 necessitywould beserved 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. .
4. That the accessory 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 of the market, which
operates in a similar manner to grocery stores thaf typically provide alcohol sales.
5. That the public convenience or necessity will be served because the applicant would be
the only retailer within the large commercial retail center that would offer a full service grocery store with
alcoholic beverages for off-premises consumption.
6. That the Determination of Public Convenience or Necessity can be made based on the
finding that the license requested is consistent with the Planning Commission policy for such
determinations.
7. That no one indicated their presence at said public hearing in opposition; and that an
e-mail was received from the West Anaheim Neighborhood Development Council (WAND) in favor of the
subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit sales of alcoholic beverages for off-premises
consumption within a proposed grocery store 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 BE IT RESOLVED that the Planning Commission does hereby
determine #hat the public convenience or necessity will be served by the issuance of a license for sales of
alcoholic beverages for off-premises consumption within a proposed grocery store, at this location.
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NOW, THEREFORE, BE IT RESOLVED #hat the Anaheim Planning Commission does
hereby granf subject Petition for Conditional Use Permit, upon the following condifions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
fiealth and safety of the Citizens of the City of Anaheim:
General Conditions:
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 alcoholic beverages.
Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
2. That no display of alcoholic beverages shall be located outside of a building or within five (5) feet
of any public entrance to the building.
3. That the area of alcoholic beverage displays shall not exceed 25% of the. total display area in a
building.
4. That sale of alcoholicbeverages shall be made to customers only when the customer is in the
building.
5. That beer and malt beverages shall not be sold in packages containing less than a four (4) pack,
and that wine coolers shall not be sold in packages containing less than a four (4) pack.
6. That no wine shall be sold in bottles or containers smaller than 750 mL
7. That no person between eighteen (18) and twenty-one (21) years of age shall sell or be permitted
to sell any alcoholic beverage up to 10 p.m. unless a supervisor twenty-one (21) years or older
approves the transaction.
8. That no person under twenty-one (21) years of age shall sell or be permitted to sell any alcohoL
9. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises.
10. That there shall be no amusement machines, video game devices, or pool tables maintained upon :
the premises at any time.
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 the gross sales of alcoholic beverages 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 alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official when requested.
13. That all trash generated from the market and commercial retail center shall be properly contained
in trash bins located within approved trash enclosures. The number of bins shalf be adequate and ,
the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely
removal of refuse from the property. The Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick-up. All costs for
increasing the number of bins or frequency of pick-up shall be paid by the business owner.
14. 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 the time of discovery.
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15. - Extensions for further time to complete said conditions may be granted in accordance with Section
' 18.03.090 of the Anaheim Municipal:
16. Thaf approval of this application constitutes approval of the proposed request on{y to the extent
that if 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.
17. 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 FURTMER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resplution is expressly predicated upon applicanYs compliance with each
and all of the findings hereinabove set forth.
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 or
prior to the issuance of building 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
May 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and y be replaced by a City Council
Resolution in the event of an appeaL
CHAIR AN, ANAHEIM PLANNING COMMISSION
ATTEST:
J'LJ~Gt.~v~*~- /rYl~~
SENIOR SECRETARY, ANAMEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
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 May 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 Z~~' day of
uht, , 2007.
~~y.~ ~~~"rK.a'°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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