Resolution-PC 2007-142RESOLUTION N0. PC2007-142
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CONDITIONS OF APPROVAL OF DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2004-00016 (TRACKING NO. PCN2007-00037)
OF RESOLUTION NO. PC2004-136, ADOPTED THEREWITH
(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
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 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 Anaheim Planning Commission did receive a verified Petition for a
Determination of Public Convenience or Necessity for 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 54, 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 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 COPY OF WHICH WAS RECORDED APRIL 7, 1999 AS
INSTRUMENT NO. 19990254025 OF OFFICIAL RECORDS OF SAID
COUNTY.
1 - PC2007-142
WHEREAS, on November 15, 2004, the Anaheim Planning Commission, by
Resolution No. PC2004-136, approved a Determination of Public Convenience or Necessity No.
2004-00016 to permit the retail sales of beer and wine for off-site consumption within a proposed
convenience market in conjunction with a service station; and
WHEREAS, said Resolution No. PC2004-136 includes the following conditions of
approval:
"13. That the sales and service of alcoholic beverages shall be permitted only Lentil
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 shall maintain order therein and prevent any activity,
which would interfere with the quiet enjoyment of their property by nearby residents
and businesses."
WHEREAS, this property is currently developed with a service statioa and
convenience market, the underlying zoning is SP92-2 (Anaheim Resort Specific Plan) and the
Anaheim General Plan designates this property for Commercial Recreation land uses; and
WHEREAS, the applicant has requested an amendment of this Determination of
Public Convenience or Necessity to remove the above-mentioned conditions of approval pursuant to
Code Section No. 18.60.190 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 26, 2007, at 2:30 p.m., notice of said public hearing having
been duly given as required bylaw and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
determination of public convenience or necessity and to investigate and make Endings 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 sad_
hearing, does find and determine the following facts:
1. That the proposed amendment of this permit for the removal of conditions of
approval pertaining to the limitation of hours for the sales of beer and wine and required security
guards is authorized under Code Section No. 18.60.190 (Amendment of Permit Approval) of the
Anaheim Municipal Code.
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the permit has been
operating in substantially the same manner as originally approved by the Planning Commission.
- 2 - PC2007-142
3. That the Anaheim Police Department indicates that removal of these two conditions
of approval will not be detrimental to the particular area.
4. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting this amendment, under the conditions imposed, will not be detrimental
to the health and safety of the citizens of the City of Anaheim.
6. 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; and finds that the previously-certified
Environmental Impact Report No. 313 and Mitigation Monitoring Plan No. 067 previously
approved in connection with the Determination of Public Convenience or Necessity No. 2004-
00016 are adequate to serve as the required environmental documentation in connection with this
request.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
amend the conditions of approval, in their entirety, for Resolution No. PC2004-136, adopted in
connection with Determination of Fublic Convenience or Necessity No. 2004-00016 to read as
follows:
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 pf any public entrance to the building. Said information shall be specifically shown on
plans submitted for building permits.
3. That the area of alcoholic beverage displays 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 alcoholic beverages shall be made to customers only when the customer is in
the building.
That no person under eighteen (L8) 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.
- 3 - PC2007-142
7. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises.
That the parking lot of the premises shall be equipped with decorative lighting of sufficient
power to illuminate and make easily discernible the appeazance and conduct of all persons on
or about the parking lot. Additionally, the position of such lighting shall not disturb he 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 shall be no public telephones on the property that aze located outside the building.
11. That the gross sales of beer and wine shall not exceed thirty-five percent (35%) 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 of Anaheim official 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 no wine shall be sold in bottles or containers smaller than 750 ml.
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 8, and as conditioned herein.
15. That prior to issuance of a building permit, or within a period of one (i) 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 maybe granted in
accordance with Chapter 18..60 of the Anaheim Municipal Code.
16. 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.
- 4 - PC2007-142
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. 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 November 26, 2007. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHA AN (ANAHEIM PLANIlFING COMMISSION
ATTEST:
SECRETARY. ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 November 26, 2007, by the following vote of the members thereof:
AYES: COMMISSION: AGARWAL, BUFFAA, EASTMAN, FAESSEL, KARAICI,
ROMERO, VELASQUEZ
NOES: COMMISSION: NONE
ABSENT: COMMISSION: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2 ~~ day of__
V~6U ~ , 2ooz ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 5 - PC2007-142