Resolution-PC 2009-009RESOLUTION NO. PC2009-009
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXIS77NG FACILITIES) AND
APPROVING A DETERMININATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2008-00048
(1000 WEST LINCOLN AVENUE)
WHEREAS, on July i 1, 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 Business .and Frofessions 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 thaC license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of licenses,
excepC when an applicanC has demonstrated that public convenience or necessity would be served
by the issuance of a license; and
WHEREAS, the Planning Commission of Che City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to authorize the exchange
and upgrade of the ABC license from a Type 201icense to a Type 21 license to pemut the sales
of beer, wine and distilled spirits for off-premises consumption in conjunction with an existing
legal non-conforming convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of California, 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 January 21, 2009, notice of said public hearing having been
duly given as required by Resolution No. 95R-1.34 and in accordance with the provisions of the
Anaheim Municipal Code, Chapter 1.8.60 "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
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 fallowing facts:
PC2009-009
1. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district that has a crime rate above the 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 thaC license would tend to create a law enforcement
problem 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
Co 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 thaC 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 1723, which has a crime
rate of 6% percent above the average. The population within the census tract allows for three off
sale ABC licenses and there are presently two licenses in the tract. The population also allows
for three on sale licenses and there are presently three in the tract.
4. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and Che 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 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.
6. That the Craffic generated by the continued use of the property as a convenience
market 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.
8. That no persons 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 Che definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities] as defined in the State CEQA
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Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City 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 off-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 TI' FURTHER RESOLVED this permit is approved without limitations on the
hours of operation or the duration of Che 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 City 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 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 City 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
charges related to the processing of this discretionary case application within 15 days of the
issuance of the fmal 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 21, 2009. Said resolution is subject Co the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
maybe replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, NA IMP A1~INIl G COMMISSION
ATTEST:
SENIOR SECRE~P£Y, ANA-IEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTX OF ORANGE ) ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on January 21, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS
NOES: COIvIMISSIONERS
ABSENT: COMMISSIONERS
IIV WITNESS WHE]
January _, 2009.
KARAICI, AGARWAL, FAESSEL, EASTMAN,
ROMERO, RAMIREZ, BUFFA
NONE
NONE
2EOF, I have hereunto set my hand this ~ day of
~1 ~) ~ ~ ~~
SENIOR SECRE'T'ARY, APbIAHEIM PLANNING COMMISSION
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EXHIBIT `A"
PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00048
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Sousa. Paccrded TreC Maps ano/or City 615.
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00048
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
GENERAL
That no alcoholic beverages shall be displayed outside of the police/Code
1 building or within five (5) feet of any public entrance to the Enforcement
building.
'That there shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exterior from within,
2 promoting or indicating the availability of alcoholic beverages. Police/Code
Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior shall constitute a violation of this
condition.
That the area of alcoholic beverage displays shall not exceed Police/Code
3 25% of the total display area in a building Enforcement
4 That the sales of alcoholic beverages shall be made to Police/Code
customers only when the customer is in the building. Enforcement
That no person under 21 years of age shall sell or be permitted police/Code
5 to sell alcohol without someone 21 years of age or older Enforcement
present.
That beer and malt beverages in quantities of quarts, 22 oz., 40 police/Code
6 oz., or similar size containers is prohibited. No beer or malt Enforcement
beverages shall be sold in quantities of less than six per sale.
That wine shall not be sold in bottles or containers smaller than police/Code
7 750m1. and wine-coolers must be sold in manufacturer pre- Enforcement
packaged multi-unit quantities.
That the possession of alcoholic beverages in open containers police/Code
8 and the consumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
That the parking lot of the premises shall be equipped with
lighting of a minimum one (1) foot candle power Co illuminate
9 and make easily discernible the appearance and conduct of all Police/Code
persons on or about The parking lot. Additionally, the position Enforcement
of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
10 ' That there shall be no amusement machines, video game Police/Code
devices or pool tables maintained on the premises at any time. Enforcement
That there shall be ^o public telephones on the property that are police/Code
11 located outside of the building and within the control of the Enforcement
applicanC.
That the business owner shall be responsible for maintaining
free of litter the area adjacent to the premises over which they
have control., in an orderly fashion through the provision of police/Code
12 regular maintenance and removal of trash or debris. Any Enforcement
graffiti painted or marked on the premises ar on any adjacent
area under the control of the licensee shall be removed or
painted over within 24 hours of being applied.
That the rear door(s) shall be kept closed at all times during the
13 operation of the premises except in the cases of emergency and Police/Code
to permit deliveries. Said door(s) shall not consist entirely of a Enforcement
screen door or ventilated security door.
That the subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
l4 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Department marked ExhlbiC Nos. 1 (Site Plan) and
2 (Floor Plan), and as conditioned herein.
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,
15 State and Federal regulations. Approval does not include any Planning
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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