Resolution-PC 2010-123RESOLUTION NO. PC2010 -123
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 AND CLASS 11 CATEGORICAL
EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL
DETERMINATION AND APPROVING A DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2010 -00072
(DEV2010- 00162)
(440 SOUTH ANAHEIM HILLS ROAD)
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. 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 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 the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit a Type 20
Alcoholic Beverage Control license to permit the sales of beer and wine for off - premises
consumption in conjunction with a proposed grocery store on 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.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 6, 2010, 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 public convenience or necessity for an alcoholic beverage
control license 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:
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1. 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 has an over - concentration of licenses; 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. 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 Iand use or the growth and development of the surrounding area.
3. The subject property is located within Census Tract No. 219.19 which has a
population of 2,767 that allows for two off -sale ABC licenses and there are presently two
licenses in the tract. The proposed off -sale license would be the third license in the tract.
Further, the tract allows for three on -sale licenses and there are four existing. The Anaheim
Police Department evaluates these requests based on the crime rates within the police reporting
district by utilizing a /4 mile radius for the subject site. This site has a' /4 mile radius crime rate
of 52% percent below the citywide average.
4. 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 full service grocery market, the
store area dedicated to alcohol sales represents 3.6% of the sales floor area, and the store will
maintain strict alcohol sales policies and conduct extensive training for employees.
5. The traffic generated by the use of the property as a 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 and;
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 beer and wine beverage
sales and operation of this business, subject to the conditions of approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) and Class 11 (Accessory Structures) 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 City Planning
Commission does hereby determine that the public convenience or necessity will be served by
the issuance of a license for the sale of beer and wine for off - premises consumption at this
location subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are found to be a necessary prerequisite to the proposed use
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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 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 of Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City PIanning 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 City Planning Commission does
hereby find and deteinune 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 for this project. 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 was adopted at the Planning Commission
meeting of December 6, 2010. 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 ' •pp= 1.
A FIEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
CHAIRMAN, ANAIHEIM PLANNING COMMISSION
3 PC2010 -123
STATE OF CALIFORNIA )
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 meeting of the Anaheim
City Planning Commission held on December 6, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 6 day of December,
2010.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2010 -123
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APN s:
356 - 181 -08
356 - 181 -06
356 - 181 -09
356 - 181 -10
- 356 - 181 -19
356- 181 -07
356 - 181 -18
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50 100
Feet
EXHIBIT "A"
DEV2010 -00162
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11047
PC2010 -123
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EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2010-00072
(DEV2010- 00162)
NO. CONDITIONS OF APPROVAL
GENERAL — ONGOING DURING PROJECT OPERATION
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.
2 No alcoholic beverages shall be displayed outside of the
building or within five (5) feet of any public entrance to the
building.
3 The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building
4 The sales of alcoholic beverages shall be made to customers
only when the customer is in the building.
5 The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around the premises.
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
indicting 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 business shall patrol the area under their control in an effort
to prevent the loitering of persons around the premises.
Any graffiti vandalism on the property shall be removed within
two (2) business days from the time of discovery.
The subject property shall be developed substantially in
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.
REVIEW SIGNED
BY OFF BY
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Police /Code
Enforcement
Code
Enforcement
Planning
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