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Resolution-PC 2001-148• , RESOLUTION NO. PC2001-148 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00001 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT 620 NORTH EUCLID STREET 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" for those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, 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 City Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 662.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS THE WEST HALF OF THE NORTHWEST QUARTER OF SAiD S~CTIOIV 9 IS SHOWN ON A MAP FILED IN BOOK 28, PAGE 32 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 8, 2001, at 1:30 p.m., 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 18.03, 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: 1. That due to the unique nature of this wholesale and bulk sales market (i.e., Smart and Final Store), the sale of alcoholic beverages does offer public convenience or necessity. 2. That the large retail area of the underlying census tract creates a higher need for sale of alcoholic beverages for off-premises consumption not reflected in population densities that establish the allowable number of off-premises ABC licenses; and, further, that an existing Type 21 license would be transferred to the new location thereby not impacting or increasing the overall number of ABC licenses for the City of Anaheim. CR5214PK. DOC -1- PC2001-148 ~ • 3. That the petitioner has demonstrated that this request would serve to benefit the public in terms of convenience or necessity by providing an additional convenient shopping amenity at one location as is normal and customary in the operation of this business. 4. That the size and the shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission has determined that, pursuant to Section 15061(b)(3), the proposed project is exempt from the requirement to prepare an environmental impact report ("EIR") as defined in the State of California EIR Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of an alcoholic beverage ("ABC") license to allow the retail sale of alcoholic beverages for off-premises consumption within an existing market at 620 North Euclid Street. BE IT FlJRTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicanYs compliance with each and all of the above-findings and with the conditions set forth below: That the hours of operation shall be limited to 7 a.m. to 10 p.m. daily. 2. That the existing "Type 21" liquor license for 1751 West Lincoln Avenue shall be transferred to 620 North Euclid Street. 3. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 4. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (interior or exterior). 5. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 6. That no alcoholic beverages shall be consumed on the premises. 7. That the areas of alcoholic beverages display shall not exceed finrenty five percent (25%) of the total display area in the building. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. Proposed Condition No. 9 was deleted at the Planning Commission public hearing. 10. That no exterior vending machines shall be permitted. 11. That no video, electronic or other amusement devices or games shall be permitted on the premises. 12. That no roof-mounted balloons or other inflated devices shall be permitted. -2- PC2001-148 ~ • 13. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. 14. That no window signage shall be permitted. 15. That the parking lot servicing the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate adjacent properties. 16. That no public telephones that are located outside the building and within the control of the applicant shall be maintained on the property. 17. That 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 time of occurrence. 18. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all window areas. 19. That three (3) foot high street address numbers shall be displayed on the "roofs" of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. 20. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 21. That a letter shall be submitted to the Zoning Division requesting termination of Conditionai Use Permit No. 3723 (to permit a temporary bank and office building with waiver of minimum landscape requirements, minimum parking lot landscaping, and required landscaped setback abutting a residential zone boundary). 22. That prior to commencement of activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 19, 20 and 21, above- mentioned shall be complied with. 23. That apprdval of this application constitutes approval of the proposed request only to the e~ent that it 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 8, 2001. ATTEST: RPERSON, ANAHEIM CITY PLANNING COMMISSION ~~~~- /~ ~P~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-148 ! ! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 October 8, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _ ~ vP „, ~2, , 2001. ~ b~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-148