Resolution-PC 2009-011RESOLUTION NO. PC2009-011
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND
APPROVING A DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2008-00053
(855 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on July 11, 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 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 the sales of beer,
and wine for off-premises consumption (Type 20 License) in conjunction with an existing
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-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 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 al] evidence and reports offered at said
hearing, does find and determine the following facts:
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1. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district that has an over concentration of
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 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 perrnitted 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 177, which has a crime
rate of 16% percent below the average. The population within the census tract allows for four off
sale ABC licenses and there aze presently four licenses in the tract. The proposed license would
be the fifth license in the tract. The population also allows for eight on sale licenses and there are
presently five in the tract.
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 beer and
wine 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 beer and wine sales and operation of this business, subject to compliance with
conditions of approval.
S. That the Determination of Public Convenience or Necessity can be made based on
the finding Chat the license requested is consistent with the Planning Commission guideline for
such determinations.
6. That the traffic 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 azea 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 concems related to off-premises beer and wine 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.
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WHEREAS, the proposed project falls within Che 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 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 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
permiC 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 bereinabove 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, Chen this Resolution, and any approvals hezein 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 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 January 21, 2009. Said resolution is subjecC Co the appeal provisions seC 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, A AHE PLANNIN COMMISSION
ATTEST:
STATE OF CALIFORNIA )
COUNTY 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: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMII2EZ, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
January, 2009. ~
SENIOR SECR);TARY. ANk~HEIM PLANNING COMMISSION
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EXHIBIT `A"
PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00053
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00053
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL
That the display of alcoholic beverages shall not be outside of police/Code
1 the building or within five (SJ feeC 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,
; promoting or indicating the availability of alcoholic beverages. Police/Code
2 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
That the sales of alcoholic beverages shall be made to Police/Code
4 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 750rn1. 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 to illuminate
~ and make easily discernible the appearance and conduct of all Pofice/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 Folice/Code
devices or pool tables maintained on the premises at any time. Enforcement
That there shall be no public telephones on the property that are police/Code
1 l located outside of the building and within the control of the Enforcement
applicant.
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 or 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 prerruses except in the cases of emergency and Police/Code
I 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 Cry
14 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Department marked Exhibit Nos. 1 (Site Plan) and
2 (Floor Plan), and as conditioned herein.
That approval of this application constitutes approval of the
proposed requesC 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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