Resolution-PC 2007-5• •
. RESOLUTION NO. PC2007-5
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSI~fY N0. 2006-00031
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(101-215 SOUTH EUCLID STREET AND 1732 WEST LINCOLN AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution Na 95R-134 establishing
procedures and delegating certain responsibilities to thePlanning Commission relating to the determination
of "public convenience or necessity' on those certain applications requiring thaf such determination be made
by the local governing body pursuant to applicable provisions of theBusiness and Professions Code, and
prior to issuance of a license by the Department of Alcoholic Beverage Control {ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides thaf the ABC
shall deny an application for a Jicense if issuance of that license would tend to create a Jaw 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 Planning Commission of the City of did receive an application for a
' Determination of Public Convenience or Necessity to permit #he sales of beer and wine for off-premises
consumption within a proposed retail store on certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCELA: ` PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 11, PAGE 45 OF PARCEL :
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: PARCE~ 1, AS SHOWN ON A MAP FILED IN BOOK 18, PAGES 17 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: PARCEL 2 OF PARCEL MAP NO. 85-472, AS SHOWN ON A MAP FILED IN
BOOK 215, PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL D: PARCEL 2 AS SHOWN ON A PLAT ATTACHED TO THAT CERTAIN LOT ~INE
ADJUSTMENT NO. 313 RECORDED MAY 16, 1994 AS INSTRUMENT NO. 94-0335342 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CA~IFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 8, 2007, at 2:30 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 18.60 "Procedures", 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 C-G (General Commercial) Zone permits the retail sales of alcoholic beverages,
including beer and wine, for off-premises consumption as a permitted accessory use in a grocery and retail
store of greater than 15,000 square feet, and the intent of the Code is to provide such sales as convenience
for customers.
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2: That California state law requires a Deterrriination 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 ABCshall 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 when the sale of beer
and wine for off-premises consumption is perm+tted by the Municipal Code, said recommendations shall take
the form of conditions of approval to be imposed on the determination in order to ensure that the sale of beer
and wine does not adversely affect any adjoin+ng land use or the growth and development of the surrounding
area. '
4. That the applicant demonstrated that the sales of beer and wine would be a very minor
portion of the proposed business (less than 1°lo) retail floor area and no more than three percent of the
annual retail sales.
5.' That the accessory sales of beer and wine, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics including employee training to
prevent illegal sales to minors.
6. That the public convenience or necessity will be served because the applicant would be the
only retailer (grocery and general merchandise) in the general area that would offer beer and wine for off-
premises consumption.
7. That subject property is located in Reporting District No. 1721, which has a crime rate of
27% above the City average and is also located in Census Tract 871.03 which permits 5 off-sale licenses
currently there are 6 licenses existing.
8. That there are no schools adjacent to the subject site.
9. 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 policy for such determinations.
10. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was s-eceived in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit the sales of beer and wine for off-premises consumption
within a proposed retail store; 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 Anaheim Planning Commission does
hereby determine that the Public Convenience or Necessity will be served by tne issuance of a license for
the sales of beer and wine for off-premises consumption at this location based on the following:
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 beer and wine. Interior displays of
beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
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That the hours of operation for beer and wine sales shall be limited to 6 am to 11 pm daily.
That there shall be no display of beer and wine located outside of a building or within five (5) feet of
any pubfic entrance to the building.
That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a
building.
That sale of beer and wine shall be made to customers only when the customer is in the building.
That.beer, malt beverages and wine coolers shall not be sold in packages containing less than a four
(4) pack.`
That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around these premises.
That there shall be no amusement machines, pay to play video game devices, or pool tables
maintained upon the premises at any time.
That no person under eighteen (18) years of age shall sell or be permitted to sell any beer and wine
without the presence of a store supervisor twenty-one (21) yea~s of age or older.
That the gross sales of beer and wine shall not exceed 35% of all retail sales during any three (3)
month period. The applicant shall maintain records on a quarterlybasis indicating the separate
amounts of sales of beer and wine and other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
10.
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 any graffiti painted or marked upon the premises or on any adjacent area under the control of the
licensee shall be removed or painted over within twenty-four (24) hours of discovery.
13. That the applicant shall be responsible for maintaining free of litter the area adjacent to the premises
over which they have control.
14. That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No. 1447 (to establish an automobile sales agency and service facilities with
waiver of (a) minimum number of parking spaces (b) maximum number of free-standing signs, (c)
minimum distance between free-stand'+ng signs, {d) permitted location of free-standing signs),
Conditional Use Permit No. 3111 (to permit a commercial retail center with waiver of minimum number
of parking spaces and landscaping of required yard), Conditional Use Permit No. 1071 (to establish an
outdoor eating area (patio) in conjunction with an established restaurant), Conditional Use Permit No.
3988 (to permit a 41,600 square foot expansion of an existing automobile sales lot display area with
waiver of minimum required landscape setback adjacent to an arterial highway), Conditional Use
Permit No. 4017 (to permit a 22,300 square foot expansion of an existing automobile sales lot with
waiver of minimum landscaped setback and minimum number of street trees), Variance No. 2279
(waiver of (a) maximum number of free-standing signs (b) minimum height of a free-standing sign), and
Variance No. 2086 (waivers of (1) number of free-standing signs permitted (2) location of a free-
standing sign, and (3) minimum height of a free-standing sign, to permit an existing statue as a free-
standing sign in conjunction with an existing restaurant).
15. That the beer and wine display shall be devefoped substantiafly in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the
Planning Department marked Exhibit IVo. 2, and as conditioned herein.
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16. That prior to commencement of the activity authorized by this resolution, or within a period of one (1)
year from the date of this resolution, whichever occurs first; Condition Nos. 1, 3, 4, 8, 11, 14 and 15,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.60.170 of the Anaheim MunicipaL
17. That approval of this application constitutes approval of #he 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 arfindings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
18. That 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.
BE ~T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption' of this Resolution is expressly predicated upon applicanYs 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice 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 8, 2007. Said resolution is subject to the appeal provisions set forth in Cha ter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to app I pro es and may be replaced
by a City Council Resolution in the event of an appeal. ~ L~_
; ANAHE,YNI PLANNING COMMISSION
A7TEST:
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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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 8,'2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN W{TNESS WHEREOF, f have hereunto sef my hand this o'~.3 rO~ day of
p.v~u a.r , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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