RES-2010-035RESOLUTION NO. 2010 -035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2006 -
00030A TO PERMIT THE UPGRADE OF A TYPE 20 OFF -
SALE (BEER AND WINE) ABC LICENSE TO A TYPE 21
OFF -SALE GENERAL (DISTILLED SPIRIT) ABC
LICENSE (DEV2009- 00100).
WHEREAS, pursuant to applicable provisions of the Business and Professions
Code, the Department of Alcoholic Beverage Control (hereinafter the "Department ") is charged
with the responsibility of reviewing applications and issuance of licenses ( "licenses ") for the sale
and /or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that
the Department 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 as provided in Section 23958.4 of said Business and
Professions Code; and
WHEREAS, Section 23958.4 of the Business and Professions Code provides that,
notwithstanding the limitations of Section 23958, the Department shall issue a license if the
applicant shows that "public convenience or necessity" would be served by the issuance of such
license; and
WHEREAS, said Section 23958.4 further provides that the determination of
"public convenience or necessity" shall be made by the Department with regard to certain
applications, and shall be made by the local governing body of the area in which the applicant
premises are located with regard to certain other applications; and
WHEREAS, as a local governing body within the meaning of said Section
23958.4 of the Business and Professions Code, the City Council of the City of Anaheim
(hereinafter the "City Council ") has heretofore adopted Anaheim City Council Resolution No.
95R -134 delegating determinations regarding "public convenience or necessity" which
determinations are otherwise within the authority of the City Council to the Planning
Commission of the City of Anaheim, and establishing procedures for the processing of such
determinations, including the appeal of such determinations to the City Council, and providing
for certain other procedural matters concerning the review and issuance of such licenses by the
Department; and
WHEREAS, on January 8, 2007, Resolution No. PC2007 -4 was adopted by the
Anaheim City Planning Commission (hereinafter the "Planning Commission ") granting
Determination of Public Convenience or Necessity No. 2006 -00030 to permit the sale of beer
and wine for off - premises consumption within an existing Target retail store located at 8148 East
Santa Ana Canyon Road; and
WHEREAS, the Planning Commission did receive an application from the owner
or operator of the premises located at 8148 East Santa Ana Canyon Road (hereinafter the
"premises ") for a determination of public convenience or necessity to upgrade an existing
Alcohol Beverage Control (ABC) license from a Type 20 Off -Sale Beer and Wine to a Type 21
Off -Sale General (Distilled Spirits) within an existing Target retail store (hereinafter the
"application "), for that certain real property situated in the City of Anaheim, County of Orange,
State of California, as shown on Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 17, 2010, at 3:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against
the application, and based thereon the Planning Commission was unable to act upon said
application due to a tie vote among its members; and
WHEREAS, thereafter, the Planning Commission, by motion duly adopted, did
refer said application to the City Council without further action or recommendation; and
WHEREAS, the City Council did set said application for such project for a de
novo hearing, which public hearing was duly noticed iri the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold a duly noticed public hearing to consider said application and did receive and consider
evidence and testimony for and against the application, and based thereon does hereby make the
findings and determinations hereinafter set forth; and
WHEREAS, the City Council does find, after careful consideration of all
evidence and reports submitted to the Planning Commission and the action taken by said
Commission, and all evidence and reports offered at said public hearing before the City Council,
that the public convenience or necessity would be served by allowing the upgrade of the existing
Alcohol Beverage Control ( "ABC ") license from a Type 20 Off -Sale Beer and Wine to a Type
21 Off -Sale General (Distilled Spirits) within the existing Target retail store, as requested in the
application, for the following reasons:
1. That the SP 90 -1, D.A. 1 (SC) (Festival Specific Plan No. 90 -1, Development
Area 1, Scenic Corridor Overlay) zone permits the sale of alcoholic beverages for off -site
consumption in conjunction with a retail store, pursuant to Section 18.108.040.020(a)37 (Liquor
Sales) of the Anaheim Municipal Code.
2. The proposed sales of alcoholic beverages for off -site consumption will not
adversely affect the adjoining land uses or the growth and development of the area in which it is
proposed to be located because such sales would be accessory to an existing retail store and there
are other compatible commercial uses within the same shopping center.
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3. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a census tract with more off -sale alcohol licenses than
allowed; 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 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 issuance of a license.
4. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; and
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.
5. That subject property is not located within high crime area. This property is also
located within Census Tract No. 219.22 which has a population of 4,581. This census tract
allows for three off -sale licenses and there are currently four licenses in the tract.
6. That the Determination of Public Convenience or Necessity can be made based on
the finding that the alcoholic beverage sales is meant to be a convenience to the consumer who
already shops at this location and the sale of beer, wine and distilled spirits is anticipated to
generate about 3 to 5 percent of the gross sales for the retail store and would be a minor
accessory component of the store. Therefore, the requested off -sale license will not be
detrimental to the area provided that restrictions on the sales of alcoholic beverages are included
in the approval.
7. That even though a new Type 21 Off -Sale General (Distilled Spirits) ABC license
would be added to the census tract, the applicant proposes to surrender the former Type 20 Off -
Sale Beer and Wine license and ultimately sell the license to another business. Therefore, this
request to exchange the Type 20 Off -Sale Beer and Wine license for a Type 21 Off -Sale General
(Distilled Spirits) license is not expected to result in an increase in the number of off -sale ABC
licenses within this census tract.
WHEREAS, the City Council does find and determine that 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve Determination of Public Convenience or Necessity No. 2006- 00030A subject to the
conditions of approval described in Exhibit `B" attached hereto and incorporated by this
reference which are hereby 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.
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BE IT FURTHER RESOLVED that the City Council 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 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 or prior to the issuance of building permits for this project,
whichever occurs first. 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 is approved and adopted by the City Council of
the City of Anaheim this 23rd day of March , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF A AHEIM
By:
MAYOR OF THE 4CITYFANAHEIM
ATTEST:
TY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEN -00100
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030A
(DE V2009- 00100)
RESPONSIBLE
NO. CONDITIONS OF APPROVAL
GENERAL
FOR
MON
ITORING
1
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. Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall constitute a
Police
Department
violation of this condition.
2
No display of alcoholic beverages shall be located outside of
a building or within five (5) feet of any public entrance to
the building.
Police
Department
3
The area of alcoholic beverage displays shall not exceed
25% of the total display area in a building.
Police
Department
4
Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
Police
Department
5
The possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are prohibited
on or around these premises.
Police
Department
6
The gross sales of alcoholic beverages shall not exceed 35
percent of all retail sales during any three (3) month period.
The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic
beverages and other items. These records shall be made
available for inspection by any City of Anaheim official
when requested.
Police
Department
7
Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be
removed or painted over within 24 hours of being
discovered.
Code
Enforcement
8
The subject property shall be developed substantially in Tthe
accordance with plans submitted to the City of Anaheim b
applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor
Plan) and as conditioned herein.
lanning
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