Resolution-PC 2010-082RESOLUTION NO. PC2010 -082
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00069
FOR A TYPE 20, BEER AND WINE ALCOHOLIC BEVERAGE CON 'f ROL LICENSE
(DEV2010- 00101)
(3901 EAST RIVERDALE AVENUE)
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, on July 11, 1995, the City Council adopted Resolution No. 95R -134
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control (ABC) and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit retail sales and on-
premises consumption of alcoholic beverages in conjunction with an application for Conditional
Use Permit No. 2010 -05511 to permit the sales of beer and wine for off -site consumption in
conjunction with a service station convenience market for certain real property situated in the
City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto
and incorporated herein by this reference.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 13, 2010, at 5:00 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 said proposed
determination of public convenience or necessity for an alcoholic beverage control license and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the C -G (General Commercial) zone permits the sales of beer and wine for
off -site consumption in conjunction with a service station convenience market, pursuant to
Sections 18.08.030 (Primary Uses, Commercial Zones), 18.38.070 (Automobile Service
Stations) and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code subject to the
approval of a conditional use permit. The proposed sales of beer and wine 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 it is accessory to an existing service station
convenience market and has an adjacent commercial use and adequate distance separation from
residential properties.
2. 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.
3. 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 beer and wine does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
4. That the subject property is located in Census Tract 762.02 with a population that
allows for four off -sale and six on -sale Alcoholic Beverage Control licenses in the tract.
Currently, there are six off -sale and five on -sale licenses 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
30% percent below the average.
5. That the Determination of Public Convenience or Necessity can be made based on
the finding that the license requested is consistent with the Planning Commission guideline for
such determinations.
6. That the sales of beer and wine for off - premises consumption will be in
conjunction with an existing service station convenience market. The sales of beer and sales will
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PC2010 -082
provide a convenience to service station patrons using the convenience market. Therefore, the
requested off -sale license will not be detrimental to the area provided that restrictions on the
sales of beer and wine are included in the approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 Anaheim Planning
Commission does hereby approve the Determination of Public Convenience or Necessity No.
2010 -00069 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.
BE IT FURTHER RESOLVED that the Anaheim 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 competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the Anaheim 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 findings hereinabove set forth.
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 wa 5cI
meeting of September 13, 20I0.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
s s ed at the PIanning Commission
,Gr
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -082
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 13, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSTAINED: COMMISSIONERS: KARAKI
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of September 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -082
1 AP N: 360-261-03
Feet
(P
sn zoo
EXHIBIT "A"
DEV2010 -00101
5
E RIVERDALE AVE
Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is +1- two to five feet.
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PC2010 -082
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00069
(DEV2010- 00101)
CONDITIONS OF APPROVAL
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 violation of
this condition.
No display of alcoholic beverages shall be located
outside of a building or within five (5) feet of any
public entrance to the building.
3 Any and all security officers provided shall comply
with all State and Local ordinances regulating their
services, including, without limitation, Chapter 11.5 of
Division 3 of the California Business and Profession
Code. (Section 4.I6.070 Anaheim Municipal Code)
The area of alcoholic beverage displays shall not
exceed 25% of the total display area in a building.
Sale of alcoholic beverages shall be made to
customers only when the customer is in the building.
The possession of alcoholic beverages in open
containers and the consumption of alcoholic beverages
are prohibited on or around these premises.
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.
The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim
by the applicant and which plans are on file with the
Planning Department marked Exhibit Nos. 1 (Site Plan)
and 2 ( Floor Plans) and as conditioned herein.
REVIEW
BY
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Planning
SIGNED
OFF BY
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