Resolution-PC 2008-92RESOLUTION NO. PC2008-92
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00045
(6300 - 6398 EAST SANTA ANA CANYON ROAD)
WHEREAS, on July 1 l, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegaYing certain responsibiliries to the Plannin~ Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local goveming 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
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 Fresh & Easy retail store 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.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 15, 2008, 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 detennination of public convenience or necessity for an alcoholic beverage
conkrollicense 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:
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i. That California state law requires a Determination of Public Convenience or ---
Necessity when property is located in a census tract that is at or above an over-concentration of
aicoholic licenses; 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 Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; 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 alcQholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding azea.
3. That subject property is located within Reporting Distnict 1341, which has a crime
rate of 87% percent below the average. The population within the census tract allows for two off
sale ABC licenses and there are presently two licenses in the tract. The population also allows
for three on sale licenses and there aze presently three in the tract. Therefore, the addition of one
off sale license for the census tract would exceed the allowance for the area.
4. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the sale of alcoholic
beverages is ancillary to the overall product mix provided by the neighborhood-oriented
commercial retail store. Moreover, the Police Department indicates no specific concerns related
to off-premises alcoholic beverage 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
commercial center with off-premises alcoholic beverage sales is adequate to allow the use in a
manner not detrimental to either the particular area or health and safety as the sale of alcoholic
beverages is ancillary to the proposed commercial retail store.
6. That the traffic generated by khe continued use of the property as a commercial
retail store with off=premises alcoholic beverage 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 detrimental to the health and safety of the citizens of the City
of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market. The Police
Department indicates no specific concerns related to off-premises alcoholic beverage sales and
operation of this business, subject to the conditions of approval.
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7. 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 determinations.
8. That no one indicated their presence at said public hearing in opposition; and that
no wrrespondence was received in opposition to the subject petition.
WHEREAS, 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 requirement 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 alcoholic beverages for on-premises consumption at this location subject
to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this
reference which are 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.
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 this permit
may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
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. 5hould 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.
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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges
related to the processing of this discretionary case application within 15 days oF the issuance of the
final invoice for this project. 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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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 15, 2008. 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 may be
replaced by a City Council Resolution in the event of an appeal.
L
CHAIRMAN, NA ~IM PLANN G COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
C1TY OF ANAHEIM )
I, Grace Medina, 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 September 15, 2008, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
`fl~t
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
September, 2008.
k. (~-- l~ '~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT ~A"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045
Saurce: Recaded Tracl Maps and/or Cily GIS.
Please note ihe accumcy Is +/- b.vo lo five feel.
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EXHIBIT °B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
TIMING: PRIOR TO'FINAL BUILDING AND ZONING INSPECTIONS
1 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted to
the City of Anaheim by the applicant and which plans are on
file with the Planning Department and labeled Exhibit Nos.
1 through 8 and as conditioned herein.
TMING: GENERAL'CONDITIONS
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 are clearly visible to the exterior shall constitute a
violation of this condition.
3 No display of alcoholic beverages shall be located outside of Police
a buiiding or inside the building within five (5) feet of any
public entrance to the building.
4 That the sale of alcoholic beverages shall be made to Police
customers only when a customer is in the building.
5 The area of alcoholic beverage displays shall not exceed 25% Police
of the total display azea in a building.
6 The sale of beer or malt beverages in quantities of quarts, 22 Police
oz., 32 oz., 40 oz., or similar size containers is prohibited. No
beer or malt beverages shall be sold in quantities of less than
six per sale.
7 The possession of alcoholic beverages in open containers and Police
the consumption of alcoholic beverages are prohibited on or
around these premises.
8 There shall be no amusement machines, video game Police
devices, or pool tables maintained upon the premises at any
time.
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9 That the gross sales of a]coholic beverages shall not exceed Police
35 percent ofall 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.
10 There shall be no public telephones on the property that are Police
located outside the building and within the control of the
applicant.
ll Wine shall not be sold in bottles or containers smaller than Police
375 ml. and wine-coolers must be sold in manufacturer pre-
packaged multi-unit quantities.
12 The property shall be permanently maintained in an orderly Planning
fashion througl~ the provision of regulaz landscaping
maintenance, removal of trash or debris, and removal of
graffiti within twenty-four (24) hours from the time of
discovery,
13 The timing for compliance with conditions of approval may Planning
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.
14 Extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
15 Approval 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 regarding any other applicable ordinance,
regulation or requirement.
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