RES-2008-134RESOLUTION NO. 2008 13 4
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 770 AND 752 NORTH EAST STREET,
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 from the owner or operator of the premises located at 770
and 752 North East Street, Anaheim, California, as more particularly shown in Exhibit "A" attached
hereto and incorporated herein by this reference (hereinafter the "premises for a determination of
public convenience or necessity to permit the sale of beer and wine for off premises consumption in
1
conjunction with a proposed service station with a car wash and convenience store to be located on
the premises (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 April 28, 2008, following said public hearing adopted its Resolution No.
PC2008 -54 approving said application and determining that the public convenience or necessity
would be served by the proposed sale of beer and wine for off premises consumption; and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action approving said application and determining
that the public convenience or necessity would be served by the proposed sale of beer and wine for
off premises consumption at a duly noticed public hearing. Additionally, within the time prescribed
by law, an interested party did appeal said Planning Commission decision to the Anaheim City
Council, asking the City Council to reconsider Conditional Use Permit No. 2008 -05309 and the
determination of public convenience or necessity approved by said Planning Commission; and
WHEREAS, on July 15, 2008, 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.
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 and wine for
off premises consumption, as requested in the application, for the following reasons:
1. That the (C -G) Commercial, General zone permits the sale of beer and wine for off
premises consumption within a 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
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.
2
No.
Conditions of Approval
Responsible
for
Monitoring
WITHINA
TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR
PERIOD OF ONE
OCCURS FIRST
(I) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER
1
That this Public Convenience or Necessity No. 2008 000040 is
hereby granted expressly conditioned upon approval of General
Plan Amendment No. 2008 00464, Reclassification No 2008-
00216 and Conditional Use Permit No. 2008 05309.
Planning
2
The subject property shall be developed substantially in
accordance with the plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Planning Department Exhibit No. 1 through 8 and as
conditioned herein.
Planning
3
Complete a Burglary /Robbery Alarm Permit application, Form
APD 516, and return it to the Police Depai tment prior to initial
alarm activation.
Police
4
Business shall be equipped with an alarm system (silent or
audible).
Police
4. That subject property is located in Reporting District 1526, which has a crime rate of
107 percent above the City average and is also located in Census Tract 864.05 which permits 4 off
premises sales and consumption licenses and currently there are 3 licenses existing.
5. That there is one license for off premises sale and consumption immediately adjacent to
the site. The conditions of approval will ensure that approval of the proposal will not adversely
affect any adjoining land use or the growth and development of the surrounding area.
6. 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.
7. That beer and wine sales for off premises consumption will be accessory to the general
retail sales of the proposed convenience market. The convenience store with accessory beer and
wine sales will provide a convenience to patrons visiting the service station. 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.
BE IT FURTHER RESOLVED that, for the reasons hereinabove set forth, said
application to determine that the public convenience or necessity would be served by the approval of
said license is hereby approved subject to compliance with each and all of the following conditions:
3
5
File Emergency Listing Card, Form APD -281, with the Police
Department, available at the Police Department front counter.
Police
TIMING: ONGOING DURING OPERATION
6
This permit is approved without limitations on the hours of
operation or 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.
Planning
TIMING: GENERAL CONDITIONS
Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct on the
part of employees or patrons, and promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent
disturbance to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
Police
8
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 for alcoholic
beverages which are clearly visible to the exterior shall constitute
a violation of this condition.
Police
9
The area of alcoholic beverage displays shall not exceed 25% of
the total display area in the building.
Police
10
Sales of beer and wine shall be made to customers only when the
customer is in the building.
Police
11
No person under 21 years of age shall sell or be permitted to sell
beer or wine.
Police
12
No distilled spirits are allowed under this license.
Police
13
The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
these premises.
Police
14
The parking lot of the premises 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.
Police
4
15
There shall be no amusement machines, video game devices, or
pool tables maintained on the premises at any time.
Police
16
There shall be no public telephones on the property that are
locates outside the building and within the control of the
applicant.
Police
17
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
18
Beer and malt beverages shall not be sold in packages
containing less than a six (6) pack for off premise consumption
and wine coolers shall not be sold in packages containing less
than a four (4) pack.
Police
19
The gross sales of alcoholic beverages shall not exceed 35 percent
of all retail sales during any three month period. The applicant
shall maintain records sales of alcoholic beverages and other
items. These records shall be made available for inspection by
any City of Anaheim official when requested.
Police
20
Wine shall not be sold in bottles or containers smaller than 750
ml, and wine coolers and beer coolers must be sold in
manufacturer prepackaged multi -unit quantities.
Police
21
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty -four (24) hours from the time of discovery.
Planning
22
The 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.
Planning
23
Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
Planning
24
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,
Planning
5
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 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 15thday of July 2008, 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 OF ANAHEIM
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April 28, 2008
Subject Property
General Plan Amendment No. 2008 -00464
Reclassification No. 2008 -00216
Conditional Use Permit No. 2008 -05309
Determination of Public Convenience
or Necessity No. 2008 -00040
752 770 North East Street
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