Resolution-PC 2008-112RESOLUTION NO. PC2008-112
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND
APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00050
TO PERMIT THE SALE OF BEER AND WINE FOR OFF-PREMISES
CONSUMPTION IN CONJUNCTION WITH AN EXISTING SERVICE STATION
(1200 NORTH EAST STREET)
WHEREAS, on July 1 1, 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 tp 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 an application for a
public convenience or necessity to permit the sale of beer and wine for off-premises consumption
in conjunction with an existing service station and accessory convenience market for certain real
property situated in the City of Anaheim, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and incorporated by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 24, 2008, at 2:30 p.m., notice of said public hearing having
been duly given as required by law 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 conditional use permit and to investigate and make Endings and recommendations in
connection therewith; and
WHEREAS, said Planning 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:
L That California State Law requires a Determination 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 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 issuance of a license.
PC2008-112
2. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; and that
said recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of alcoholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
3. That this property is located within Reporting District 1426, which has a crime
rate of 3 percent below the City average. This property is also located within Census Tract No.
864.04 which has a population oF6,217. This census tract allows for four licenses and there are
currently four licenses in the tract. Since the requested beer and wine license will create an over
concentration of ABC licenses in the census tract, a determination of public convenience or
necessity will be required for this request.
4. That there are ABC licenses for off-premises sale and consumption in the nearby
vicinity of the subject site; however, the conditions of approval will ensure that approval of this
request will not adversely affect any adjoining land use or the growth and development of the
surrounding area.
5. 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 guideline for
such determinations.
6. That beer and wine sales for off-premises consumption will be accessory to the
general retail sales of the existing convenience market. The retail store with accessory beer and
wine sales will provide a convenience to patrons visiting the area For vazious types of
merchandise, dining, recreational activities, and personal services. Therefore, the requested off-
sale license will not be detrimental to the area provided that restrictions on the sales of beer and
wine are included in the approval.
7. That the sale of beer and wine will continue to be an ancillary component of the
business and the primary focus of the operations will be on maintaining a convenience store
where residents and tourists alike will be able to purchase everyday necessities such as
perishable goods, general household products, packaged food products, and hot and cold
beverages.
8. That there are no schools or public parks adjacent to or within 500 feet of the
subject site.
9. That the Anaheim Police Department recommends approval of the proposed sales
o£ beer and wine for off-premises consumption and recommends conditions of approval that are
described in Exhibit "B" attached hereto and incorporated by this reference.
10. That no persons indicated their presence at the public bearing in opposition; and
that no correspondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission - -- -
does hereby determine that the public convenience or necessity will be served to permit the sale
of beer and wine for off-premises consumption in conjunction with an existing service station
and accessory convenience market subject to the conditions of approval described in Exhibit "B"
attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
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 oFcompetentjurisdiction, 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 LS days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 24, 2008. 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 may be replaced by a City Council Resolution in tlt~ event of an appeal.
ATTEST:
SECRETARY, ANAHEIM PLANNING COMMISSION
COMMISSION
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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 24, 2008, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: EASTMAN
ABSTAINED: COMMISSIONER: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
December, 2008.
ARY, ANAHEIM PLANNING COMMISSION
K
S
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EXHIBIT "A"
PUBLIC CONVENIENCE OR NECESSITX NO. 2008-00050
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00050
No. Conditions of Approval Responsible for
Monitoring
GENERAL
1 That there shall be no exterior advertising or sign of any kind ar Police/Code
type, including advertising directed to the exterior from within, Enforcement
promoting ar indicating the availability of beer and wine.
Interior displays of beer and wine or signs which are clearly
visible to the exterior shat] constitute a violation of this
condition.
2 That no display of beer and wine shall be located outside of a Police/ Code
building or within five (5) Feet of any public entrance to the Enforcement
building.
3 That the area of beer and wine displays shall not exceed 25% of Police/Code
the total display area in a building. Enforcement
4 That sale oFbeer and wine beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
5 That no person under 21 years of age shall sell or be permitted to Police/Code
sell beer and wine. Enforcement
6 That beer and malt beverages shall not be sold in packages Police/Code
containing less than a six (6) pack, and wine coolers shall not be Enforcement
sold in packages containing less than a four (4) pack. No other
wine shall be sold in bottles or containers of less than 750 ml.
The sale of beer or malt beverages in quantities of quarts, 22 oz.,
32 oz., a0 oz., or similar size containers shall be prohibited.
7 That the possession of alcoholic beverages in open containers Police/Code
and the consumption of alcoholic beverages are prohibited on or Enforcement
around these premises.
8 That the parking lot of the premises shall be equipped with Police/Code
lighting ofa minimum 1 foot candle power to illuminate and Enforcement
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.
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9 That there shall be no amusement machines, video game Police/Code
devices, or pool tables maintained upon the premises at .any Enforcerrient
time.
10 That there shall be no public telephones on the property that are Police/Code
located outside the building and within the control of the Enforcement
applicant
I 1 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code
percent of all retail sales during any three (3) month period. The Enforcement
.applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of beer and wine and other items.
These records shall be made available for inspection byany City
of Anaheim official when requested.
12 That the petitioner shall be responsible for maintaining the area Police/Code
adjacent to the premises over which they have control, in an Enforcement
orderly fashion through the provision of regular maintenance
and removal of trash or debris. 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 24 hours of
being applied.
13 That the rear door(s) shall be kept closed at all times during the Police/Code
operation of the premises except in the cases of emergency and to Enforcement
permit deliveries. Said door(s) shall not consist entirely of a
screen door or ventilated security door.
14 That signs shall be prominently posted at the wine storage and the Police/Code
cash register area reading: "Wine coolers may be purchased on Enforcement
these premises only in quantities of a four-pack or more."
15 That the hours of operation for the convenience market shall be Police/Code
consistent with Che hours as indicated in the application form on Enforcement
file with the City of Anaheim Planning Department. The doors
to the convenience market shall be locked at 12 a.m. and can be
opened at 6 a.m.
16 That subject property shall be developed substantially in Planning
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 and 2, and as r
conditioned herein.
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17 That approval of this application constitutes approval of khe Planning
proposed request only to the extent that is 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.
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