Resolution-PC 2008-47RESOLUTION NO. PC2008-47
A RESOLUTION OF THE ANAHEIM PLANNING CONIIvIISSION
APPROVING PREVIOUSLY-CERTIFIED F1NAL ENVIRONMENTAL
IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIA.L
CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM
AND MITIGATION MONITORING PLAN NO. 119 AND
FURTHER AMENDING AND DETERMINING PUBLIC CONVENIENCE
OR NECESSITY NO. 2002-00008 AND AMENDIIVG RESOLUTION
NO. 2002R-234 (TRACKING NO. PCN2008-00041)
(200-328 NORTH BEACH BOULEVARD AND
2951-2961 WEST LINCOLN AVENLTE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 9~R-134
establishing procedures and delegating certain responsibiliries to the Plannin~ Commission
relating to the detemunation of "public convenience or necessity" on those certain applications
requiring tl~at such determination be made by tl~e local goveming body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Depamnent 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
WI-TEREAS, on November 5, 2002, the City Council, by its Resolution No.
2002R-234, approved a Determinarion of Public Convenience or Necessity No. 2002-00008 to
pemut retail sales of alcoholic beverages for off-premises consumption within a proposed
grocery store, in conjunction with Condirional Use Pernut No. 2002-04603 for a commercial
retail center.
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for an amendment to previously-approved Detemunation of Public Convenience or
Necessity No. 2002-00008 to pemut the retail sales of alcoholic beverages for off-premises
consumprion in a grocery store and pharmacy within a regional shopping center on certain real
property situated in the City of Anaheim, County of Orange, State of Califomia, shown on
Exhibit A, attached hereto and incorporated herein by this reference.
WIIEREAS, the property is currently vacant and is zoned GG (General
Comuiercial) and RM-4 (Multiple-Family Residential with a resolution of intent to C-G) and the
Anaheim General Plan designates Yhe property for Regional Commercial land uses; and
WHEREAS, the Anaheim Planning Commission did hold a publ~c hearing at the
Anaheun Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 14, 2008, at
2:30 p.m., notice of said public hearing having been duly given as required by law and in
accordance wiYh the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
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consider evidence for and a~ainst the proposed amendment to Public Convenience or Necessity
No. 2002-00008 (Tracking No. PCN2008-00041), and 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 General Commercial (C-G) zone permits the retail sale of alcoholic
beverages for off-premises consumption in a~rocery store and pharmacy within a regional
shopping center and the intent of the Code is to provide such sales as a convenience for patrons.
2. That Califomia State Law requires a Detemunation of Public Convenience or
Necessity when property is located in a police reporting distdct 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 applicarion 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 tl~at public convenience or necessity would
be served by issuance of a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Departinent
to make recommendations related to the public convenience or necessity determivations; and
said recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of alcoholic beverages does not
adversely affect any adjolning land use or the growth and development of the surroundin~ area.
4. That subject property is located in Reporting District 1616, which bas a crime rate
of 13 percent above the City average and is also located in Census Tract 868.03 which permits 5
off-premises sales and consumption licenses and currently there are 5 licenses exisring.
That there are no schools or public pazks adjacent to the subject site.
6. That there are ABC licenses for off-premises sale and consumption adjacent to
the site; however, the conditions of approval will ensure that approval of this request will not
adversely affect any adjoining land use or the growth and development of the surrounding area.
7. That the Detemunation of Public Convenience or Necessity can be made based on
the fmding that the licenses requested are consistent with the Planning Commission guideline for
such determinations.
8. That alcoholic beverage sales for off-premises consumption will be accessory to
the general retail sales of the proposed grocery store and pharmacy. The retail stores with
accessory alcoholic beverage sales will provide a convenience to patrons visiting the shopping
center for various types of inerchandise, diiung, and personal services. Therefore, the two
requested off sale licenses will not be detrimental to the area provided that restrictions on the
sales of alcoholic beverages are included in the approval.
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9. That a person representing the West Anaheim Neighborhood Development
Council (WAND) spoke with concems pertaining to the number of parking spaces,
amusemenUarcade devices, crime rate, and amount of drive through restaurants in the project,
and two people spoke with suggestions pertaining to the type of businesses that would be
appropriate for the center, and photographs of another shopping center were submitted; and that
a letter was received in opposition to tl~e subject request.
WIIEREAS, the City Council certified the Final Environmental Impact Report for
the West Anaheim Commercial Corridors Redevelopment Project Area in 1998. The Council
also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in
conjunction with the Final EIR. The Final EIR addressed the environmental impacts and
mitigarion measures associated with tbose activities that would be undertaken pursuant to and in
fiirtherance of the West Anahenn Commercial Comdors Redevelopment Plan. In 2002, the
Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with
Conditional Use Permit No. 2002-04603. The Addendum concluded that the proposed shopping
center would not result in new significant impacts or substantial increases in the severity of
previously identified significant unpacts. Therefore, the pre~~iously-certified Final EIR, together
with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the requued
environmental documentation for the proposed project actions.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission
of the City of Anaheim that the conditions of approval heretofore unposed on Public
Convenience or Necessity No. 2002-00008, as set forth in City Council Resolution No. 2002R-
234 be, and the same hereby amended in theu entuety, to read as follows:
Responsible
No. Conditions of Approval for
Monitorina
TIMING: PRIOR TO FINAL BUILDINGr1ND ZOIVINGINSPECTIONS
That this Public Convenience or NecessiTy No. 2002-00008 Plavuing
1 (Tracking No. PCN2008-00041) is hereby granted expressly
conditioned upon approval of Conditional Use Permit No. 2002-
04603 (Tracking No. CUP2008-05308).
The subject property shall be developed substantially in Planning
~
" accordance with the plans and specifications submitted to tlie
City of Anaheim by the applicant and which plans are on file
with the Planning Department and labeled Exhibit No. 1 and as
conditioned herein.
TMING: GENERAL CONDITIONS
The timing for compliance with conditions of approval may be Plannine
3 ameuded by the Plauuiug Director upon a showing of aood
cause provided (i) equsvalenY timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the
modification wm lies with the Anaheim Munici al Code and
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(iii) the applicant bas demonstrated sit~nificant progress toward
establishment of the use or approved development.
4 Extensions for fiu ther time to complete conditions of approval Plannina
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
Approval of tlus application constitutes approval of the Planning
5 proposed request only to the extent that it complies with the
Anahenn Municipal Zonin~ Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or fmdings as to compliance or approval of the request
regarding any other applicable ordinance,regulation or
requuement.
BE IT 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 condirions herein set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdicrion, then this 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 ttie issuance of the
final invoice for this project. Failure to pay all chazges shall result in delays in the issuance of
requued pernuts or the revocation of the approval of this applicarion.
THE FOREGOING RESOLiJTION was adopted at the Plauniug Commission meeting
of April 14, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedwes" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolu6on in the event of~ an appeal.
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COD~INNIISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAI-IEIM )
I, Eleanor Moms, Senior Secretary of the Anaheun Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheun
Plazming Commission held on April 14, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ICARAICI,
ROMERq VELASQUEZ
NOES: COMNIISSIONERS: NONE
ABSENT: COMIvIISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand tlus ~~ day of
~, 2008.
n .,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
5- PC2008-47
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Source: Recorded Tract Maps and/or Ciry GIS.
Please note the accuracy is +/. ryJO to five feet.
Subject Property
Conditionai Use Permit No. 2002-04603
(Tracking No. CUP2008-05308)
Public Convenience or Necessity No. 2002-00008
(Tracking No. PCN2008-00041)
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200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue
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