Resolution-PC 2009-034RESOLUTION NO. PC2009-034
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND
APPROVING A DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. ~008-00054
(1671 WEST KATELLA AVENUE, UNIT 135)
WHEREA3, on Jaly 11, 1995, the City Council adopted Resolution lVo. 95R-134
establishing procedures and delegatiog certain responsibiliCies to Yhe Plan~ing Commission
relating to the determinatio~ of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local govemi~g body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a liceose by the
DeparCment of Alcoholic Beverage Control (ABC); aod
WHEI2EAS, 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 issnance would result in or add to an undue concentraCion of licenses,
except when an applicant has demonstrated that public convenieoce or necessity would be served
by the issuance of a license; and
WFIEREAS, the Planning Commission of the Ciry of Anaheim did receive an
application for a Detezmination of Public Convenience or Necessity to permit the sales of beer,
wine and distilled spirits for off-premises consamptian (Type 31 License) in conjunction with a
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 this
reference.
WI3EREAS, the Planning Commission clid hold a public hearing at the Civic
Center in the City of Anaheim on March 2, 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 poblic convepience or nacessiTy for an alcoholic beverage
control license to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, said Commission, afrer due inspection, investigation and study made
by itself and i~ iCs beh~if, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
PC2009-034
1. Ttiat Califomia state law requires a Determina6on of Public Convenience or
Necessity when property is located in a reporting district that has an over concentration of
licenses and that Sec6on 23958 of the Business and Professions Code provides that the ABC
shall deny an applica6on for a license if iss~ance of that license would tend Co 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 Resolukion 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 alcoholic beverages does not
adversely affect any adjoining land use or the growkh and development of the sunounding area.
3. ThaC subject property is located within Reporting DisCrict 2022, which has an "on
average crime rate" equal to the City average. The populaCion within the censns tract allows for
five off sale ABC licenses and there are presently eight licenses in the tract. The market has an
existing off-sale ABC license in the census tract and would be transferring the license to the
proposed locakion, and therefore, there would not be an increase in off-sale ABC licenses in the
census tract. The population also allows for eight on-sale licenses and there are presently ten in
the tract.
4. That the proposal, as conditioned, will not adversely a£feet fihe adjoining 7and uses
and the growth and development of the area in which it is located because the sale of beer and
wine is ancillary to Yhe overall product mix provided by the neighborhood-oriented cammercial
retaal store. Moreover, the Police DeparCmenY indicates no specifrc concems related to off-
premises beer and wine sales and operation of this business, subject to compliance with
conditians of approval.
5. That the traffic generated by the continued use of the property as a convenience
market wiCh off-premises alcoholic beverage sales will noC impose an undue burden upon Yhe
streets and highways designed and improved to carry the traffic in the area.
6. That the granting of the Determina6on of Public Convenience or Necessity under
the conditions imposed will not be detrimental to the bealth 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 beer and wine sales and
operation of this business, subject to the conditions of approval.
7. That no one indicated their presence at said gnblic hearing in opposition; and chat
no correspondence 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.
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NOW THEREFORE BE 1T RESOLVED that the Anabeim City Planning
Commission does hereby determine that the public conve~ience or necessity will be served by
the issuance of a license for the sale of alcoholic beverages for off-premises consumpcion at this
location subject to the condiCions of apgroval 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.
$E IT FURTHER RESOLVED Yhis permit is approved withovt limitations on The
duration of the use. Amendments, modifications and revocations of th9s permit may be processed
in accordance with Chapters 18.60.190 (Amendment of Pernut Approval) and 18.60.200 (City-
IniCiated Revocation or Modificatio~ of Permits) of the Anak~eim Municipal Code.
BE IT F[JRTI~R RESOLUED that the Anaheim City Planniug Commission does
hereby find and determi~e that adopCion of Yhis Resolution is expressly predicated upon applicanYs
compliance with each and all of the conditions hereinabove set forth. Should a~y such condition,
or any parC Chereof, be declared invalid or uneoforceable by the final judgment of any co~rt of
competent jurisdictaon, then this Resolntion, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED tbat the Anaheim City Planning Commission
does hereby find and determine that adopCion of this Resolution is expressly predicated upon
applicant's compliance wiCh eacb aud all of the find'angs hereinabove seC forth.
BE IT FURTHER RESOLVED tt~at the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final iovoice for this project. Failure to pay all eharges shall resnlt in delays 3n Che
issuance of required permits or the revocation of the approval of this application.
`I'IIE FOREGOING RESOLUTION was adopted aY the Planning Commission
meeting of March 2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal. ~
CHAIl2MAN, AN?\HE[1~YI CITY PLA~tQ[~]$:~G COMMISSION
A
ARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALLFORNIA )
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 meetiog of the Anaheim
City Planning Commission held on March 2, 2009, by the following vote of the members
thereof:
AYES: COMMI3SIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, i have hereunto set my hand this 16~' day of March, 2009.
, ANAIIEIM CITY ~LANNING COMMISSION
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EXHIBIT "A"
PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00054
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Please note Ihe accuracy is +/. two ~o five feel.
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EXFIIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERNIIT NO. 2008-00054
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
'GENERAL `
No alcoholic beverages shall be displayed o~tside of Che police/Code
1 building or within five (5) feet of any public entrance Co the Enforcement
building.
There shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exteripr from within,
promotiog or indicadng the availability of alcoholic beverages. Police/Code
2 Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to tl~e exCerior shall constitute a violation of this '~
condition.
The area of alcoholic beverage dasplays shall not exceed 25% of Police/Code
3 the total display area in a building Enforcement
The sales of alcoholic beverages shall be made to customers Police/Code
~ only when the customer is in the building. Enforcement
No person under 21 years of age shall sell or be permitted to Police/Code
5 sell alcohol without someone 21 years of age or older present. Enforcement
Beer and malt beverages in quarts, 22 oz., 40 oz., or similar size
containers may not be sold individually and must be sold in Police/Code
6 multi-unit, prepackaged quantities as delivered from the Enforcament
distributor.
That wine shall noC be sald in botfles or containers smaller k}~an police/Code
7 750m1. and wine-coolers shall not be sold in packages Enforcement
containing less Chan a 4 pack.
The possession of alcoholic beverages in open containers and police/Code
8 the consumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
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RESPONSIBLE
FOR
N0. CONDITIONS OF APPROVAL MONITORING
The parking lot of the premises shall be equipped with lighcing
of a minimum one (1) foot candle power to lllvminate and make
9 easily discernible Che appearance and conduct of all persons on ' Police/Code
or about the pazking lot. Additionally, the position of such Enforcemept
lighting shall not disturb the normal privacy and use of any
neighboring residences.
10 There shall be no amusement machines, video game devices or Police/Code
pool tables maintained on the premises at any time. Enforcement
There shall be oo public telephones on Che properCy that are police/Code
11 locaYed outside of the bualding and within the control of Che Enforcement
applicant.
The subject propeRy shall be developed substantially in
accordance with plans and specificaCio~s s~bmitCed to the City
12 of A~aaheim by the petitioner and which plans are on file with Plaoning
the Planning Department marked Exhibit Nos. 1(SiTe Plan) and
2(Floor Plan), and as conditioned herein.
Approval of Chis application consCiCaYes approval of the
proposed request only to the extent that complies with the
Anaheim Municipal Zoning Code and any other appliaable
13 City, State and Federal regulations. Approval does not include Planning
any acCion or flndings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
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