Resolution-PC 98-157R~SOLUTION NO pC 8 157
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING PUBLIC CONVEtdIENCE OR NECESSITY NO. 98-06
FOR AN ALCOHOLIC BEVERAGE CONTROL LIC~NSE
AT 136 SOUTH FAIRMONT BOULEVARD
WHEREAS, on July i 1, 1995, the City Counci( adopted Resolution No. 95R-134 establishing
procedures and d~lec~ating certain responsibilities to the Planning Commission rela;ing to the determination of
"public convenience or necessiry" on those certain applications rEquiring that such determination be made by
the local governing body pursuant to applicable provisions of the Business and Professians 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 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, exceRt when an applicant
has demonstrated that the public convenience or necessity would be served by the issuance of the license;
and _
WHEREAS, the City Pianning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity to allow the retaii sale of wine for off-premises
consumplion in a 900 sq.ft. speciaity retail store at 136 South Fairmont Boulevard in lhe EI Rancho Plaza
shopping center, IocatPd on certain reai property situated in the City of Anaheim, County of Orange, State of
Califomia, described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILEG IN BOOK 207, PAGES 41
AND 42 OF PARCEL MAP~, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA
WHcREAS, the City Planning Commission did hold a public hearing at the Civic Center In the
City of Anaheim on September 28, 1998, at 1:30 p.m., notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in aacordance with the provlsions of the Anaheim Municipal Code,
Chapter 18.03, lo hear and consider evidence for and age'nst said proposed determinatlort of public
convenience or necessity for an alcoholic beverage control license to Invest(gate an~ ~make findings and
recommendations fn connection therewith; and
WHEREAS, said Commission, after due inspection, fnvssYfgation and study made by itself
and in its behalf, and after due consideration of all evidence and reports o(fered at said hearing, does find and
determine the following facts:
1. That the wine soid wili be fine wines that may not be available at the other four
locations within the underlying reporting district (census tract).
2. That the wine sales wili be an accessory use to the primary retail saies of specialty
gift items, and that this establishment is not a convenience market nor a liquor store.
3. That based on the petitioner's letter of operation dated August 11, 1998, the proposed
use is a unique retail specialty store which will serve a pubifc need which is currently not available in the
reporting district.
4. That this proposal is for the retail sale of wine for off-premises consumption but that it
was inadvertently advertised for "beer and wine "
CR3442MS.DOC -1- PC98-157
5. That one person with concems about the propcsal indicated their ~r2sence at the
public hearing; and that no correspondence was received in opposition.
ALIF RNIA ENUIRONMENTAL ol qLITY ACT FINDING Th~ Planning Commission has
determined, by motion, that pursuant to SecGon 15061(b)(3), the proposed project is exempt from the
requirement to prepare an environmental impact report (EIR) as defined in the State EIR Guldelines.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby determine that
the public convenience or necessity wili be served by the issuance of a license for the retail sale of wine for
off-premises consumption in a nine hundred (900) sq.ft. specfalty retail store at ia6 South Fairmont
Boutevard, upon the following conditions which are hereby found to be a necessary prerequisite .to the
proposed use of the subject property in order to preserve the safety and general weifare of the Citfzens of the
City of Anaheim:
1. That no window signs shall be permitted at any time to allow unobstructe~d visibility into the store's
interior from outside.
2. That no advertising of wine shall be located, placed or attached to any location outside thP building.
3. That video, etecUonic, or other amusement devices shall not be permitted anywhere on the su~ject
property.
4• That the sale of alcohol shall be limited to wine only, and shall not exceed ten percent (1p%) of ihe
items available for retail sales during any three (3) month period. The applicant shall maintain records
on a yearly basis showing the separate (nventory amounts of wine and other items. These recards
shall be subject to audit, and made availabie, when requested by any City of Anaheim official during
reasonable business hours.
5• That the sale of aicoholic beverages shall be prohibited with the exception of wino sold at a minimum
retail price of forty doliars ($40.00) per seven hundred fifty (750) milliliter bottle.
6. That approval of this request is based upon the primary use of this tenant spaco (136 South Fafrmont
Eaulevard) being a speciaity gift shop. This approval shall not constitute approval for any form of
convenience market or liquor stare. The business and/or property owner must req~est and obtaln
further approvai at a noticed and advertised Planning Commission and/or City Council hearing if, (n the
future, the sale of r~ine exceed the limits authorized by this resolution.
7. That this use shail be limited to that which is expressly described by the petitioner in the let;er of
operation (dated August 11, 1998) and the letter of intention (dated September 8, 1998) altached to
Item No. 11 of the Staff Reporl to the Pianning Commission dated September 26, 1g98, and on file with
the Planning Department.
8. That no wine shall be consumed on tho premises including no wine tasling.
9. That the applicant shall be responsible for maintaining the premises free of litter at all Hmes.
10. That no display of wine shall be located outside the buflding or within five (5) feet of any public enlrance
to the building.
11. That the areas of wine display shall not exceed ten percent (10%) of lhe total dfsplay area in the tenant
space, and that the wine inventory shall not exceed ten percen2 (10%) of lhe totai retail inventory for
this store.
12. That the sale of wine shall be made to customers oniy when the customer is insida the building.
13. That no person under twenty one (21) years of age shall sell, or be permitted to sell, any wine,
14. That no outdoor storage, display or saie of any merchandise or fixtures shall be permitted outside the
building.
15. That sale of refrigerated food items shall not be permitted.
16. That these conditions of approval will be recommended to the Bureau of Alcohoi(c Beverage Control to
be included as conditions of approval (where applicable) on the ABC license fssued to thfs facility.
-2" PC98-157
17. That subject property shall be developed substanltally tn accordance with plans and speciflcat(ons
submitted to the City of Maheim by the petiHoner and wh(ch plans are on fiie with the Planning
Qepartment marked Exhibit Nos. 1 and 2, and as conditioned herein.
18. That approval of this application constitutes approval of lhe proposed request only to the extent that it
complies with the Maheim Municipal Zoning Code and any ofher applicable City, State and Federal
regulations. Approval does not include any actfon or fin~!;~;gs as to compUance or apptoval of the
request regarding any other applicable ordinance, regula~rnn or requirement.
BE IT FURI HER RESOLVE() that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resoiution is expressly predicated upon applica~t's cAmpliance with each
and all of the conditions hereinabove set forth. Shoul~l any such condition, or any part thereof, be declared
invaiid or unenforceable by the final judgment of any cou~t of competent jurisdiction, then this Resoiution, ~nd
any approvais herein contained, shall be deemed null and void..
THE FOREGOING RESOLUTIO ad pttsd a '' Planning Commission meeting of
September 28, 1998.
~ 1 1 ~
CHAIRPERSON, ANAHEIM CITY PLANNING COIv1MISSION
ATTEST:
_ ~l.a.fuiun~ ~~z.i.o-~
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUN'IY OF ORANGE ) ss.
ClTY OF ANAHEIM )
the foregoing re olu9oniw s~passed a dtadop ed at a meet ng iof the Anaheim Cfty Plann ng Commiss oin heid
on Septernber 28, 1998, by the followinp vote of the members thereof:
AuES: COMMISSIONERS: BOSNUICK, B6YDSTUN, BRISTOI., ESPING, KOOS, hAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COWIMISSIONERS: WILLIAMS
Q~,~,r~,^ Q IN WITNC-SS WHEREOF, I havo hereunto set my hand this ~ day of
b~(.~lJYl~N , 1998.
_ ~~~JU~i~_
SECR TARY, AHEIM CITY PLANNING CONIMISSION
~3~ PC98-157