Resolution-PC 2006-5~ ~
RESOLUTION NO. PC2006-5 . .
A RESOLUTION OF THE ANAMEIM PLANNING COMMISSION
DETERMINING PUBUC CONVENIENCE OR NECESSITY N0. 2005-00023
FOR AN ALCOMOUC BEVERAGE CONTROL LICENSE '
- (2011 EAST LA PALMA AVENUE)
WHEREAS, on July 11, 1995, #he 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 addto an undue concentration of licenses, excepf when an
applicant has demonstrated that public convenience or necessity would be served by #he 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 to permit sales of beer and wine for off-premises
consumption within a proposed convenience market on certain real property situated in the"City of `
Anaheim, County of Orange, State of California, described as:
THAT PORTIOIV OF THE WEST 11 ACRES O~ THE SOUTH HALF OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSMIP 4 SOUTH, RANGE 10
WEST, IN TME RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS 1N THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1,
SAID LINE BRING ALSO THE CENTERLINE OF LA PALMA AVENUE AND THE EAST L1NE
OF TH~ WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTM 00° 53' 57" WEST
ALONG SAID EAST LINE 69.00 FEET TO A LINE THAT IS PARALLEL WITH AND
LOCATED 69.00 FEET NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF
SECTION 1 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
NORTH 00° 53' 57" WEST ALONG SAID EAST LINE, SAID EAST LINE BEING ALSO TME
WEST LINE OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 79-242, AS PER MAP
FILED IN BOOK 136, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, 154 FEET TO THE NORTH LINE OF SAID PARCEL 1;
THENCE NORTH 89° 43' 08" EAS7 ALONG SAID NORTH LINE 29.80 FEET; THENCE
NORTH 00° 53' 57" WEST 70.36 FEET; THENCE NORTH 89° 43' 08" EAS7 202.93 FEET;
THENCE SOUTH 00° 53' 5T' EAST 119.84 FEET; THENCE NORTH 89° 43' 08" EAST 62.31 -
FEET; THENCE SOUTH 00° 53' S7" EAST 104.52 FEET TO THE AFOREMENTIONED
PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1; 7HENCE SOUTH 89° 43'
08" WEST ALONE SAID PARALLEL LINE 295.04 FEET TO THE TRUE POINT OF
BEGINNING.
THE RIGHT TO USE THE PARKING FACILITIES OF THE' ADJOINING SHOPPING
CENTER KNOWN AS GRANADA SQUARE, AS PROVIDED IN THE PARKING
AGREEMENT DATED JULY 17, 1979, EXECUTED BY A.G. RICHTER AND DORIA K.
RICHTER, RECORDED JULY 20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL
RECORDS.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005, notice of said public hearing having been duly given as required
by Resolution Na 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 alcoholicbeverage control license to investigate and make
findings and recommendations in connection therewith; and that said item was continued to the January 9,
' 2006, meeting; 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 applicant demonstrated that the sale of beer and wine would be a very minor
portion of the proposed business retail sales; and that the conditions of approval limit the gross sales of
beer and wine to 35% of the all retail sales within any three (3) month period.
° 2. ?hat the accessory sale of beer and wine, as proposed and as approved, wilf not have a
negative impact on the surrounding area due to its location adjacent to two arterial highways with no direct
access to a residential neighborhood; and that theproperty is located in a crime,reporting district with a
crime rate of 10% above the City-wide average which is not considered a high crime area. '
3. Thatthe public convenience or necessity will be served because the applicant would
provide a convenience to potential customers traveling on eastbound La Palma Avenue and northbound
State College Boulevard and would be a pharmacy with incidental sales of beer and wine.
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit sales of beer and wine for off-premises consumption
within a proposed drive through pharmacy 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
substantial 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 sales of beer and
wine for a drive through pharmacy at this location.
1. That this business establishment shall continuously adhere to the following conditions, as
required by the Potice Department:
a. 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
which are clearly visible to the exterior shal{ constitute a vio{ation of this
condition.
b. That there shall be no display of alcoholic beverages located outside of a
building or within five (5) feet of any public entrance to the building.
c. That the area of alcoholic beverage displays shall not exceed 25% of the total
display area in the building. Said information shall be specifically indicated on
plans submitted for building permits.
d. That the sale of alcoholic beverages shall be made to customers only when
the customer is in the building.
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e. That beer and malt beverages shall not be sold in packages containing less
than a six (6) pack, and that wine coofers shafl not be soid in packages ~
containing less than a four (4) pack.
f. That the possession of alcoholic beverages in open confainers and the
consumption of alcoholic beverages is prohibited on or around these premises.
g. That there shall be no amusement machines, video game devices, or pool
tables located outside the building and within the control of the applicant.
h. That the gross sales of alcoholic beverages shall not exceed 35 percent of all
retail 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 ofAnaheim official when requested.
2. That the subject property shall be developed substantially in accordance with the plans
`and specifications submitted #o the City of Anaheim by the petitioner and which plans are
on file with the Planning Department Exhibit Nos. 1 through 10, and as conditioned herein.
3. 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 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 re~ated 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resotution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeaL
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IRM , N HEIM PLANNING COMMISSION
A7TEST:
~ d~~~~/-,`°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution waspassed and adopted at a meeting of the Anaheim Planning Commission
held on January 9,'2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this'T~~day of
' r , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION