RES-2010-100RESOLUTION NO. 2010 -100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-
00064 (DEV2010- 00006).
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 (hereinafter "license or
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 Anaheim City Council (hereinafter the "City
Council ") has heretofore adopted its Resolution No. 95R -134 delegating determinations
regarding "public convenience or necessity" which determinations are otherwise within the
authority of the City Council to the Anaheim City Planning Commission (hereinafter the
'Planning Commission "), 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, the Planning Commission did receive an application for a
Determination of Public Convenience or Necessity to permit a Type 21 (Off -Sale General) ABC
license to allow the sale of beer, wine and distilled spirits for off - premises consumption in
conjunction with the expansion of a previously- approved convenience market on that certain real
property located at 1151 N. Euclid Street in the City of Anaheim, County of Orange, State of
California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by
this reference (hereinafter the "application "); and
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WHEREAS, Determination of Public Convenience or Necessity No. 2010 -00064
is proposed in conjunction with a request to amend Conditional Use Permit No. 2008 -05395
(designated as "Conditional Use Permit No. 2008- 05395A ") to permit the expansion of a
previously- approved convenience market into an adjacent unit with the sale of beer, wine and
distilled spirits for off - premises consumption (hereinafter the "Project Actions "); and
WHEREAS, the Planning Commission did hold a duly noticed public hearing to
consider the Project Actions, and did receive and consider evidence and testimony for and
against said project, and, on April 12, 2010, following said public hearing adopted its Resolution
No. PC2010 -023 granting Determination of Public Convenience or Necessity No. 2010 - 00064;
and
WHEREAS, within the time prescribed by law, the applicant did appeal said
Planning Commission decision to the City Council, asking the City Council to reconsider the
Planning Commission's approval of Determination of Public Convenience or Necessity No.
2010 - 00064; and
WHEREAS, the City Council did set said application for such project for a de
novo hearing, which public hearing was duly noticed in 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 Project Actions; 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 the proposed sale of beer, wine and distilled spirits
for off - premises consumption in conjunction with a proposed convenience market, as requested
in the application, for the following reasons:
1. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district that has a crime rate above the average;
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 off - 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 growth and development of the surrounding area.
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3. That subject property is located within Census Tract 867.1 with a population that
allows for five off sale ABC licenses and there are presently four licenses in the tract; and, ten
on -sale licenses and there are presently three in the tract. The Anaheim Police Department
evaluates these requests based on the crime rates within the police reporting district by utilizing a
1/4 mile radius for the subject site. This site has a 1/4 mile radius crime rate of 363% percent
above the average. However, although this is a high crime area, most of the reported incidents
are attributed to the high density residential neighborhood to the west. In comparison, there is a
below average crime rate along this commercial corridor.
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
alcoholic beverages is ancillary to the overall product mix provided by the neighborhood -
oriented convenience market. Moreover, the Police Department indicates no specific concerns
related to off - premises alcoholic beverage sales and operation of this business, subject to
compliance with conditions of approval.
5. 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 area.
6. 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 and would
serve as an added convenience to those who choose to shop at this establishment. The Police
Department indicates no specific concerns related to off - premises alcoholic beverage sales and
operation of this business, subject to the conditions of approval.
WHEREAS, the City Council has reviewed the Project Actions and 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, for the reasons
hereinabove stated, does determine that the public convenience or necessity would be served by
the approval of said license, which is hereby approved, subject to the conditions of approval
described in Exhibit "B" attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim. Extensions for
further time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval
may be amended by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Anaheim Municipal Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
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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 set forth in Exhibit "B." Should any such conditions, 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 approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED, that 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 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that this application is granted subject to approval
by the City Council of the amendment to Conditional Use Permit No. 2008- 05395, designated as
Conditional Use Permit No. 2008- 05395A, now pending.
BE IT FURTHER RESOLVED that the business owner 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. 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 22nd day of June , 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 EIM
By:
MAYOR OF THE C OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
77074.v 1/MGordon
EXHIBIT "A"
DEV2010 -00006
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2010-00064
M
RESPONSIBLE
FOR
NO.
CONDITIONS OF APPROVAL
MONITORING
�.
U's W-
1
There shall be no exterior advertising or sign of any kind or
Police /Code
type, including advertising directed to the exterior from
Enforcement
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
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 entrance 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 sale of alcoholic beverages shall be made to customers
Police /Code
only when the customer is in the building.
Enforcement
5
The possession of alcoholic beverages in open containers and
Police /Code
the consumption of alcoholic beverages are prohibited on or
Enforcement
around the premises.
6
There shall be no amusement machines, video game devices
Police /Code
or pool tables maintained on the premises at any time.
Enforcement
7
There shall be no public telephones on the property that are
Police /Code
located outside of the building and within the control of the
Enforcement
applicant.
8
The subject property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2,
and as conditioned herein.
9
Extensions for further time to complete conditions of
Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
M
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
10
Approval of this application constitutes approval of the
Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
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