Resolution-PC 2004-56• •
RESOLUTION NO. PC2004-56
A RESOLUTION OFTHE ANAHEIM CITY PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITYNO. 2004-00015
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(611 SOUTH BROOKHURST STREET)
WHEREAS, on July 11, 1995, the City Council adopted Resolution Na 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 #hat 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 iicense if issuance of #hat license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue concentration oflicenses, 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 for retail sales of alcoholic beverages for'off-
premises consumption in conjunction with a proposed pharmacy on certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE ' OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, REGORDS OF SAID ORANGE COUNTY, SHOWN AS
PERCEL 1 ON A MAP RECORED IN BOOK 54, PAGE 20, PARCEL MAPS, RECORDS
OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 17, 2004, 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 the petifioner demonstrated fhat the safe of alcoholic beverages would be a very minor
portion of the proposed business (less than 10%) retail sales.
2. That the accessory sale of alcoholic beverages, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics including those identified in the
company's 2002 Policy Information On the Sale of Alcoholic Beverages provided to the Planning Commission
and included as an attachment to the staff report dated May 17, 2004.
3. That the public convenience or necessity will be served because the petitioner would be the only
such retailer (full service pharmacy/drug store and general merchandise) in the area that would offer alcoholic
beverages for off-premises consumption.
4. That one person indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposai to determine public convenience or necessity for retail sales of
alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy on a rectangular-
shaped 2.3=acre property, iocated at the southwest corner of Brbokhurst Street and Orange Avenue, and
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantiai evidence that the project will have a significant effect on the
environment.
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 alcoholic
beverages for off-premises consumption in conjunction with a proposed drive through pharmacy, at this
location.
1. That the off premises sale of alcoholic beverages shall expire one (1) year from the date of occupancy.
2. 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.
3. 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.
4. That the area of alcoholic beverage displays shall not exceed ten percent (10%) of the total display area
in a building.
5. That the sale of alcoholic beverages shall be made to customers only when the customer is in the
building.
6. That no person under eighteen (18) years of age shaA sell or be permitted to sell any alcoholic
beverages without approval of a store supervisor twenty-one (21) years of age or older.
7. 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.
8. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises.
9. 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.
10. That there shall be no amusement machines, video game devices, or pool tables maintained upon the
premises at any time.
11. That there shall be no public telephones on the property that are located outside the building and within
the control of the applicant.
12. That the gross sales of alcoholic beverages shall not exceed thirty-five percent (35%) of all retail safes
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 ifems. These records shall be m8de
available for inspection by any City of Anaheim official when requested.
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13. That the property shall be permanentiy 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.
14. 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 5, and as canditioned herein.
15. 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. 3 and 9, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section '
18:03.090 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition No. 14, above-mentioned, shall be complied
with.
17. 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 aetion or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BEJT 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May
17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -'
General" of the Anaheim Municipal Code pertaining to appeal proc dures and may be replaced by a City
Council Resolution in the event of an appeal.
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RPERSON, ANAHEIM C1TY PLANNIN'G COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 May 17, 2004, by the fol(owing vote of the members thereof:
AYES: COMMtSSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO
NOES: COMMISSIONERS: VANDERBILT-LINARES
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this day of
. 2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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