Resolution-PC 2009-026RESOLUTTON NO. PC2009-026
A RESOLUTION OF THE ANAHEIM PLANNING COMMiSSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND
APPROVING A DETERMININATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2009-00055
(1151 NORTH EUCLID STREET)
WHEREAS, on July 11, 1995, the City Council adopted Resolutfon No. 95R-134
establishing procednres and delegatiqg certain responsibilities to the Planning Commission
relating to the deCermination of °gnblic conve~ience or necessity" on those certain applications
requiring that such determination be made by t}~e local goveming body pursuant to applicable
provisions of the $usiness and Professions Code, and prior to the issuance of a license by tl~e
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 lice~se if iss~ance of that license would tend to create a law
enforcement problem, or if issuance would resulC 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 Plann~ng Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to pernut a Type 21 ABC
license to permit Che sales of beer, wine and distilled spirits for off-premises consumption ~n
conjunction with a proposed convenience market 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 Chis reference.
WHEREAS, the Flanning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 2009, notice of said public hearing having been
duly giveo as required by Resolution No. 95R-134 and io accordance with the provisio~s of Yhe
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 inspectioo, investigation and study made
by itselP and in its behalf, and after due considerakion of al] evidence and reports offered at said
hearing, does find and determine the following facts:
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L That Califomia state law requires a Determination of Pablic Convenience or
Necessity when property is located in a reporting distdct that has a cdme rate above the average;
and that Section 23958 of the Business and Professions Code provides that the ABC shall deny
an application for a 19cense if issuac~ce of that license wo~id 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 mal:e recommendations related to the pnblic convenience or necessity determinations; and
w}~en the sale of alcobolic beverages far off-premises consnmpeion is pezmitted by the Municipal
Code, said recommendations shall take the form of conditions of approval to be imposed on the
deCermination in order to ensure tl~aC the sale and consumpCion of alcoholic beverages does not
adversely affecC any adjoining ]and use or the growth and development of the surrounding area.
3. That subject property is located within Repor[ing District 1421, wl~ich has a crime
rate of 114% percent above the average. The populatio~ within the ce~sus tract allows for five
off sale ABC licanses and there are preseotly four lipeoses in the tract. The population also
allows for 10 on sale lieenses and there are presendy two in the tract.
4. That the proposal, as conditioned, will uot adversely affect the adjoining land Lises
and fihe growCh and developmeot of the area in whieh it is located because ehe sale of alcoholic
beverages is ancillary to the overal~ product mix pravided by the neighborhood-oriented
convenience market. Moreover, the Police Department indicates no specific concarns related to
off-premises alcoholic beverage sales and operation of this business, subject to compliance with
conditions of approval.
5. ThaC Che traffie generated by the continued use of Yhe property as a convenience
market with off-premises alcoholic beverage sales will not impose an u~due burden upon the
streets and highways designed and improved to carry the traffic in the area and;
6. That khe granting of the DeCermination of Public Convenience or Neeess3ty under
the conditioos imposed will not be detrimental to the health and safety of the citizens of the City
of Anaheim as the sale of alcoi~olic beverages is ancillary to Che proposed market. The Police
Department indicates no speciFc concems related to off-premises alcoholic beverage sales and
operation of this business, subjecC to the condiCions of approval.
7. 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 projecC falls witt~in the definitian of Categorical
Exemptions, Sectio~ 15301, Class 1(Existing FaciliCies) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement To prepare additional environmental
documentation.
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NOW TEIEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby determine that the public convenience or necessity will be served by
the issua~ce of a license for the sale of alcoholic beverages for off-premises consumption at this
IocaUOn subject to the conditions of approval described in Exhibit "B" attached hereCO and
incorporated by this reference which are found to be a ~ecessary prerequisiYe to the proposed use
of the subject property in order to preserve the health, safety and general welfare of the Citizens
of the Ciry of Anat~eim.
BE IT FURTHER RESOLVED this permit is approved without limitations on the
duration of the use. Amendments, modifications and revocations of this permit 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 tt~e Anaheim Municipal Code.
BE IT FURTHER RESOLVEA Chat the Aoabeim 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
competenc jurisdict3on, then this Resalution, and aoy approvals herein coAtained, shall be deemed
null and void.
BE IT FURTHER RESOLVED thaC the Anaheim City Planning Commission does
hereby ~nd and determiue that adoption of this Resolution is expressly predicated upan
applicant's compliance with each and a11 of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that tt~e applicanC 9s responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the tinal invo9ce for this project. Failure to pay all charges shall result in delays in the
issuance of required peruaits or the revocation of the approval of this application.
THE FORBGOING RESOLUTION was adopted at Che Planning Commission
meeting of February 18, 2009. Said resolution is sobject to the appeal provisions set forth i^
Chapter 1$.60 °`Procedures" of Che Anaheim Municipal Code pertaining Co appeal procedures and
may be replaced by a City Coancil Resolntion in the event of an appeal.
~o
CHAIRMA , N PLA COMMISSION
A
SECRETARY, ANAHEINT~LANNING COMMISSION
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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 February 18, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: AGARWAL, EASTMAN, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~G day of
Mazch, 2009. ~--
Y, ANAHEIM PLANNING COMMISSION
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EYI-IdBIT "a"
PUBLIC CONVENIENCE OR NECESSITY PERIVII~' NO. 2009-OOOiS
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2009-00055
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL'-OIV G(?ZIVGDURZNG]?RCiJ~CT.OPERA~?~ON ' ' '
1 There shall be no exterior advertising or sign of any kind or Police/Code
type, including advertising directed Yo Che exterior from Enforcement
~ withi~, promoting or indica6ng Cbe availability of alcoholic
beverages. Interior displays of alcoholic beverages orsigns
which are clearly visible to the exterior shall consCitute a
violation of this condition.
2 No alcoholic beverages shall be displayed outside of the Police/Code
building or within five (5) feet of any public enCrance to The Enforcement
building.
3 The area of alcoholic beverage displays shall not exceed 25% Police/Code
of the total display area in a building Enforcement
4 The sales of alcoholic beverages shall be made to customers ' Police/Code
only w6en the customer is in the building. Enforcement
5 No person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol unless under contiuuous supervision of an adult EnfarcemenC
21 years of age or older.
6 Beer and malt beverages in quarts, 22 oa., 40 oz., or similar Police/Code
size containers raay not be sold individually and must be sold Enforcement
in mu1Ci-unit, prepackaged quautities as delivered from the
disCributor.
7 The possession of alcoholic beverages in open containers and Police/Code
the consumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
8 There shall be no amusement machines, video game devices Police/Code
or pool tables mainCained on the premises aC any time. Enforcement
9 There shall be no public telephones on the property that are Police/Code
]ocaYed outside of Che building and wiThin the control of the Enforcement
applicant.
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RESPONSIBLE
FOR
NO. CONDITIONS OFAPPROVAL MONITORING
10 Wi~e shall ~ot be sold io bottles or containers smaller than Police/Code
750 mL and wine coolers shall not be sold in packages Enforcement
containing less than a 4 pack.
1] The subject property sball be developed substantiaLly in Flanning
accordance with pians and specifications submitted to the
City of Anaheim by the petiYioner and which plans are ou file
wiYh Che Planning DepartmenY marked Exhibit Nos. 1 a~d 2,
and as canditioned herein.
12 Extensions for fur[her time to compleCe cooditions of Planning
approval may be granted in aecordance with Section
1$.60.170 of the Anaheim Municipal Code.
13 Approval of Chis application constituCes approval of the Planning
proposed req~est only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
Ciry, State and Federal regulations. Approval does noC
include any actian or findangs as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
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