Resolution-PC 2012-015RESOLUTION NO. PC2012 -015
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. 2011 -00083
FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2011- 00139)
(410 SOUTH EUCLID STREET, SUITE 7)
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
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 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 in conjunction with an
application for Conditional Use Permit No. 2011 -05587 to permit the sales of alcoholic
beverages for off -site consumption in conjunction with a convenience store 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; and
WHEREAS, this 0.69 -acre property is developed with a 7 -unit commercial retail
center located in the C -G (General Commercial) zone and the Anaheim General Plan designates
the property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 12, 2012, 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. The C -G (General Commercial) zone permits the sales of alcoholic beverages for
off -site consumption in conjunction with a convenience store, pursuant to Section No.
- 1 - PC2011 -015
18.08.030.010 (Alcoholic Beverage Sales -Off Sale and Convenience Stores) of the Anaheim
Municipal Code, subject to the approval of a conditional use permit.
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 it is accessory to a convenience store and is located in a
commercial retail center.
3. 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. 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. Subject property is located within Census Tract 871.05 with a population that
allows for three off -sale ABC licenses and there are presently no licenses in the tract; and five
on -sale licenses and there are presently two in the tract. The Anaheim Police Department
evaluates these requests based on the crime rates within a one - quarter mile radius for the subject
site. The proposed location is located in Police Reporting District No. 1722 which has a crime
rate that is 126% above the citywide average and the crime rate within 1 /a mile of this property is
43% above the citywide average. Since there is an above average crime rate in this census tract,
a determination of public convenience or necessity is required for this request. However, the
Police Department does not oppose this request, subject to the business continually adhering to
the recommended conditions of approval.
6. Traffic generated by the convenience store 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.
7. A 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 and further that granting 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 store and
would serve as an added convenience to residents and visitors to the area who choose to shop at
this establishment. The Police Department indicates no specific concerns related to off - premises
alcoholic beverages sales and operation of this business, subject to the conditions of approval.
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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 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 alcoholic beverages 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
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 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve the Determination of Public Convenience or Necessity No.
2011 -00083 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.
THE FOREGOING RES
meeting of March 12, 2012.
N was adopted at the Planning Commission
L i L1
CHAIRMAN, ANAHEIM CITY e ' y i G COMMISSION
3
PC2012 -015
Af1'EST:
SENIOR (SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 March 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 12` day of March 2012.
n
SENIOR SECIiTARY, ANAHEIM CITY PLA G COMMISSION
4 PC2012 -015
EXHIBIT "A"
DEN' NO. 2011 -00139
APN: 250 - 051 -04
302'
0 0
0 0
302'
W TEDMAR AVE
W BROADWAY
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +!- two to five feet.
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PC2012 -015
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1
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
c\i
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
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
Business owner shall police the area under their control in an effort
to prevent the loitering of persons around the premises.
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 applied.
Code
Enforcement
8
The business shall not operate later than 10:00 p.m. each day of the
week.
Code
Enforcement
9
The parking lot shall be equipped with lighting of sufficient 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.
Code
Enforcement
10
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 Plan) and as conditioned herein.
Planning
EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00083
(DEV2011- 00139)
6
PC2012 -015