Resolution-PC 2004-136• s
RESOLUTION NO. PC2004-136
A RESOLUTION OF THE ANAHEIM CITY PLANNING CQMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO.'2004-00016
FOR AN ALCOHOLIC BEVERAGE CONTROL LlCENSE
(100 EAST KATELLA AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating tothe 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 Frofessions Code, and prior to
the issuance of a licenseby 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 thaf pubiic 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 permit the retail sales:of beer and wine for off- .
premises consumption within a proposed convenience market in conjunction with a service station on certain
real property situated in the City of Anaheim, County of Orange, State of California, described as
THE NORTHERLY 271.1 FEET OF THE WESTERLY 249.47 FEET OF THE'NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA.
EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY, NORTH WESTERLY, AND
WESTERLY OF THE SOUTHERLY, SOUTH EASTERLY, AND EASTERLY LINES OF PARCELS "A-1'!
THROUGH "A-3" OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 784656, A CERTIFIED GOPY OF WHICH WAS
RECORDED APRIL 7, 1999 AS INSTRUMENT NO. 19990254025 OF OFFICIAL RECORDS OF SAID
COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 15, 2004, at 2:00 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 18.60 "Procedures" to hear and consider evidence for and against said proposed
determination of public convenience or necessity for an alcoholic beverage controllicense 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 the petitioner demonstrated that the sale of beer and wine would be a very minor portion of
the proposed business (approximately 10°/a) retail sales; and
2. That the accessory sale of beer and wine, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics of the facility, including
extensive employee training and security programs. Additionally, the facility would not sell beer and wine
after 10 pm on Thursdays, Fridays and Saturdays and will also provide 1 licensed uniformed security guard
between the hours of 8:00 p.m.'#o 3:00 a.m. on these same nights within the parking lot. There is no direct
access to the adjacent residential properties to the south within the mobile home park. The construction of a
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new perimeter wall and dense landscape screening would further minimize any potential impacts the request
would have on the surrounding area; and '
` 3. That the establishment of thislicense would notresult in an over-concentration of licenses
within the area. Only two (2) off-premise licenses exist where five (5) off-premise licenses are allowed within
this census tract; and `
4. That the public convenience or necessity will be served because the petitioner would be the
only;such retailer (service station, grocery items, sundries) in the area that would offer beer and wine for off-
: premises consumption. The service station is located near the Interstate 5 freeway on-ramp, and along a
major corridor with the Anaheim Resort. The facilities would provide tourist oriented retail (fuel, sundries) and
serve those visitors within the Resort Area, and
5. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subjecf petition.
CALIFORNIA' ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal and petitioner's submitted Environmental lnformation Form (a copy of
wh+ch is on file and available for public review in the Planning Department), and finds that the proposed -
project's environmental effects are within the parameters, assumptions and time frames analyzed in the
, previously-certified Environmentai Impact Report No. 313 for the Anaheim Resort Specifiic Plan.
Furthermore, based upon a review of the request for determination of public convenience or necessity, and
the'supporting documentation, staff finds that said request will not result in any new significant environmental
impacts. Staff has prepared Mitigation Monitoring Plan No.-067 for the proposed project incorporating those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are
applicable to the project (a copy of Mitigation Monitoring Plan No. 067 has been forwarded to the Petitioner
and is on file and available for publiC review in the Planning Department).
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 a license for retail sales of beer and
wine for off-premises consumption within a proposed convenience market in conjunction with a service
station, at this location.
1. 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. '
2. That no display of alcoholic beverages shall be located outside of a building or within five, (5) feet of any
public entrance to the building. Said information shall be specifically shown on plans submitted for
building permits.
7.
3. That the area of alcoholic beverage disp4ays shall not exceed twenty-five percent (25%) of the total
display area in a building. Said information shall be specifically shown on plans submitted for building
permits.
4. That the sale of alcohofic beverages shall be made to customers only when the customer is in the
building.
5. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic
beverages without approval of a store supervisor twenty-one (21) years of age or older.
6. That beer and malt beverages 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.
That the possession of alcoholic beverages in open containers and the consumption af alcoholic
beverages are prohibited on or around'these premises.
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8. That the parking lot of the premises'shall be equipped with decorative 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.` Said information shall be specifically shown on'plans submitted for building
permits. ` ,
9. That there shall be'no amusement'machines, video game devices, or pool tables maintained upon the
premises at any time`
10. That there shal~ be no public telephones on the property that are located outside the building.
11. That the gross sales of beer and wine shall not exceed thirty-five percent (35%) of all retaif sales during
any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim officia( when requested.'
12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
13. That the sales and service of alcoholic beverages shall be permitted only until 10:00 p.m. on Thursday,
Friday, and Saturday nights,
14. That the petitioner(s) shall provide 1 licensed uniformed security guard(s) between the hours of 8:00
p.m. to 3:00 a.m. on Thursday, Friday, and Saturday nights in the parking lot and shalF inaintain order
therein and prevent any activity, which would interfere with the quiet enjoyment of their property by
nearby residents and businesses.
15. That no wine shall be sold in bottles or containers smaller than 750 mL'
16. 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 through 8, and as conditioned herein. ,
17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, and 8, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Chapter
18.60 of the Anaheim Municipal Code. '
18. That 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, 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 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 15, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" ofi#fie Anaheim Municipal Codepertaining to appesl pr , dures and may be replaced by a City
Council Resolution in the event of an appeaL ~
CHAIRMAN, NAHEIM PLANNING COMMISSION
ATTEST:
NIO ECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ,
I, Pat Chandler, Senior Secretary of the Anaheim Pfanning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission he{d on
November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELC, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMiSSfONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 0~ day of
, 2004.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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