Resolution-PC 2008-56RESOLUTION NO. PC2008-~6
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVIIVG A CATEGORICAL EXEMPTIOI~T, SECTION 15303,
CLASS 1 (EXISTIIVG FACILITIES) AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-0004?
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(440 NORTH EUCLID STREET)
WHEREAS, on July 11, 199~, the City Council adopted Resolution No. 95R-134
establishing proceduxes and delegating certain responsibilities to the Planning Corsunission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such deteimination 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 Wal-Mart retail store wittain the Anaheim Plaza
Shopping Center on certain real property situated in the City of Anaheim, County of Orange,
State of Califomia, shown on Eachibit A, attached hereto and incorporated herein by trus
reference.
WHEREAS, the Plamiing Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 12, 2008, norice 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 heaz 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:
PC2008-56
1. That California state law requires a Determination of Public Convenieace or _
Necassity 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:
2. That Resolution No. 95R-134 authorizes the City of Anahenn Police Department
to make recommendations related to the public convenience or necessity determinarions; and
when the sale of alcoholic beverages for on-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 and consumption of alcoholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
3. That subject property is located within Reporting District 1622, which has a crime
rate of 330 percent above the average. The population within the census tract allows for five off
sale ABC licenses and there is presently one license in the tract. The population also allows for
eight on sale licenses and there are presently three in the tract. Therefore, the addition of one off
sale license for the census tract would not exceed the allowance for the azea and would not result
in an over concentration of licenses.
4. That the proposal, as conditioned, will not adversely affect tY~e adjoining land uses
and the growth and development of the area in which it is located because the sale of beer aud
wine is ancillary to the overall product mix provided by the regional commercial retail store.
Moreover, the Police Department indicates no specific concerns related to off=premises beer and
wine sales and operation of this business, subject to compliance with conditions of approval.
5. That the size and shape of the site for the continued use of the property as a
regional commercial center with off-premises beer and wine sales is adequate to allow the use in
a manner not detrimental to either the particular azea or health and safety as the sale of beer and
wine is ancillary to the existing regional commercial retail store.
6. That the traffic generated by the continued use of the properiy as a regional
wmmercial retail store with off=premises beer and wine sales will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area and;
7. That the granting of the Determination of Public Convenience or Necessity under
the conditions imposed will not be deh-imental to the health and safety of the citizens of the City
of Anaheim as the sale of beer and wine is ancillary to the e~sting convenience market, the
Police Department indicates no specific concerns related to off=premises beer and wine sales and
operation of this business, subject to the conditions of approval.
8. 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 guideline for
such determinarions.
PC2008-56
9. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the defuution of Categorical
Exemptions, Section 15303, Class 1(E~sting Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepaze additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
does hereby detemnine that the public convenience or necessity will be served by the issuance of
a license for the sale of alcoholic beverages for on-premises consumption at this location based
on the following conditions found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim:
Responsible
COA Conditions of Approval for
1Vlonitorin
TMINGc FRIOR TO FINAL BUILDINGAND'ZONING!INSPECTIONS ;
COA 1 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted to the
City of Anahenn by the applicant and which plans are on file
with the Planning Department and labeled Exhibit No. 1 and as
cpnditioned herein.
'TMING:'GENERAL' CONDITIONS I
COA 2 There shall be no exterior advertising or sign of any kind or Police
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 aze
cleazly visible to the exterior shall constitute a violation of this
condirion.
COA 3 No display of alcoholic beverages shall be located outside of a Police
building or within five (5) feet of any public entrance to the
building.
COA 4 The azea of alcoholic beverage displays shall not exceed 25% of Police
the total display azea in a building.
COA 5 The sale ofbeer or malt beverages in quantities of quarts, 22 oz., Police
32 oz., 40 oz., or similaz size containers is prohibited. No beer or
malt beverages shall be sold in quantities of less than six per sale.
COA 6 The possession of alcoholic beverages in open containers and the Police
consumption of alcoholic beverages are prohibited on or around
these premises.
PC2008-56
COA 7 The pazking lot premises shall be equipped with lighting of a Police
minimum 1 foot candle to illuminate and make easily
discernable the appeazance 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.
COA 8 There shall be no amusement machines, video game devices, or Police
pool tables maintained upon the premises at any time.
COA 9 There shall be no public telephones on the property that are Police
located outside the building and within the contro] of the
applicant.
COA 10 Any graffiti painted or marked upon the premises or on any Police
adjacent azea under the control of the license shall be removed
or painted over within 24 hours of being applied.
COA 11 The petitioner shall be responsible for maintaining free of litter Police
the azea adjacent to the premises over which they have control,
as depicted.
COA 12 Wine shall not be sold in bottles or containers smaller than 750 Police
ml. and wine-coolers must be sold in manufacturer pre-packaged
multi-unit quantities.
COA 13 The property shall be permanently maintained in an orderly Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, aud removal of graffiti '
within twenty-four (24) hours from the time of discovery.
COA 14 The timing for compliance with conditions of approval may be Planning
amended by the Flanning 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
modificarion complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress towazd
establishment of the use or approved development.
COA 15 Extensions for further time to complete conditions of approval Planning
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
COA 16 Appxoval of this application constitutes approval of the Planning
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
re ardin an other a licable ordinance, re lation or
PC200$-56
requirement.
BE IT FURTHER RESOLVED this permit is approved without limitations on the hours
of operation or the duration of the use. Amendments, modifications and revocations of fhis pennit
may be processed in accordance with Chapters 18.60190 (Amendment of Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RE30LVED 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 final jud~nent of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that the Anaheim Planniixg Commission does hereby
find and determine that adoption of this Resolution 3s expressly predicated upon applicant's
compliance with each and all of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying a11 charges
related to the processing of this discretionary case applicarion within 15 days of the issuance of the
final invoice for this project. Failure to pay all chazges shall result in delays in the issuance of
required permits or the revocation of the approval of ttus application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of May 12, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Muiucipal Code pertainivg to appeal procedures and may be
replaced by a City Council Resolution in the eve t an appeal
CHAI . ANAHEIM-~/~G COMMISSION
ATTEST: .., ir ~
OFFICE SP~~.,I~~I', ANAHEIM PLANNING DEPARTMENT
STATE OF CALIFORNIA )
COUNTY OF OTtANGE ) ss.
CITY OF ANAHEIM )
I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution
was passed and adopted at a meetuig of the Anaheim Planning Commission held on May L,
2008, by the following vote of the mernbars thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO,
VELASQUEZ
NOES: COMMISSIONERS: NONE
PC3008-56
ABSENT: COMMISSIONERS: KARAICI
~ ~~~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~ day of
C'~~~, 2008. _
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OFFICE SPECIA ~, AN EIM PLANNING DEPARTMENT
6 PC2008-~6
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TPM 93-187
RCL 92-9&OS
RCL 54-55-4
RCL 53-54-27
T-CUP 2003-04697
CUP 3783
CUP 3661
CUP 3566
DAG 93-01
EIR 31fi
PCN 2008-00042
(CUP 3938)
(VAR 2846)
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May 12,2008
Q Subject Property
Public Convenience or Necessity No. 2008-00042
440 North Euclid Street
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