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RES-2009-052RESOLUTION NO. 2009 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 1000 WEST LINCOLN AVENUE, ANAHEIM, CALIFORNIA. WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (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, the Anaheim City Planning Commission (hereinafter the Planning Commission) did receive an application for a determination of public convenience or necessity to approve the exchange of an ABC license from a Type 20 license (Off Sale Beer Wine) to a Type 21 license (Off Sale General) to permit the sale of beer, wine and distilled spirits for off- premises consumption in conjunction with an existing legal non conforming convenience market generally located at 1000 West Lincoln Avenue, Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the application); and WHEREAS, the Planning Commission 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, on January 21, 2009, following said public hearing adopted its Resolution No. PC2009 -009 approving said application and determining that the public convenience or necessity would be served by the proposed sale of beer, wine and distilled spirits for off premises consumption; and WHEREAS, within the time prescribed by law, the business owner did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, 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 application, and based thereon does hereby make the findings and determinations hereinafter set forth; and WHEREAS, 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 by the City Council of the City of Anaheim that the public convenience or necessity would be served by the sale of beer, wine and distilled for off premises consumption, as requested in the application, for the following reasons: i That the C -G (General Commercial) Zone permits the sale of beer, wine and distilled spirits for off premises consumption within an existing convenience market subject to the approval of a conditional use permit. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city 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 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 -2- 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 subject property is located in Reporting District 1723, which has a crime rate of 6 percent above the City average and is also located in a Census Tract which permits 3 off premises sales and consumption licenses and currently there are 2 such licenses existing. 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 guidelines pertaining to such determinations. 6. That the sale of beer, wine and distilled spirits for off premises consumption will be accessory to the general retail sales of the existing convenience market. The sale of beer, wine and distilled spirits for off premises consumption will provide a convenience to patrons visiting the existing convenience market. Therefore, the requested off -sale license will not be detrimental to the area provided that restrictions on the sales of beer, wine and distilled spirits are included in the approval. That the exchange of an ABC license from a Type 20 license (Off Sale Beer Wine) to a Type 21 license (Off Sale General) to permit the sale of beer, wine and distilled spirits for off premises consumption in conjunction with an existing legal non conforming convenience market will not impose an undue burden upon or adversely effect adjoining land uses and will not be detrimental to the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim 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. 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of March 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY F ANAHEIM 72368.v 1 /MGordon MAYOR OF THE CITYOF ANAHEIM EXHIBIT `A" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008 -00048 r O N V E `,NC0 P f rie•JTra,1 !Aar ∎1 or_dv�l� t' r tw t tic, feet NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL That no alcoholic beverages shall be displayed outside of the building or within five (5) feet of any public entrance to the building. Police/Code Enforcement I I N i That 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. Police /Code Enforcement That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a building Police /Code Enforcement 4 That the sales of alcoholic beverages shall be made to customers only when the customer is in the building. Police /Code Enforcement 5 That no person under 21 years of age shall sell or be permitted to sell alcohol without someone 21 years of age or older present. Police/Code Enforcement 6 That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. Police/Code Enforcement EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008 -00048 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING That the parking lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police /Code Enforcement That there shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. Police /Code Enforcement 9 That there shall be no public telephones on the property that are located outside of the building and within the control of the applicant. police /Code Enforcement 10 That the business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked on the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. police /Code Enforcement 1 1 L_ That the rear door(s) shall be kept closed at all times during the operation of the premises except in the cases of emergency and to permit deliveries. Said door(s) shall not consist entirely of a screen door or ventilated security door. Police /Code Enforcement 12 That 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 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning 13 That approval of this application constitutes approval of the proposed request only to the extent that 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. Planning