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Resolution-PC 2008-54RESOLUTION NO. PC2008-54 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 3008-00040 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (770 NORTH EAST STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 9~R 134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applicarions requiring that such detemunation 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 ofAlcoholic 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 Planning Commission of the City of Anaheun did receive an application for a Determination of Public Convenience or Necessity to permit sales of beer and wine for ofF-premises consumption for a convenience store in conjunction with an applicatlon for a General Plan Amendment, Reclassification and Condirional Use Permit to designate the property to from Low-Medium Density Residenrial to General Commercial land uses, reclassify the property from the Single-Family, Residential zone to the Commercial General zone and to permit a service starion with a car wash and convenience store with sales of beer and wine for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on E~ibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission of the City of Anaheun did receive an application; and WHEREAS, the Plamiing Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri128, 2008, 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 detemiination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connecrion therewith; and WHEREAS, said Commission, after due inspection, investigation and study inade by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and deternune the following facts: PC2008-54 l. That the (C-G) Commercial, General zone permits the sale of beer and wine for off-premises consumption within a convenience market subject to the approval of a conditional use permit. 2. That Califomia state law requires a Deternlination of Public Convenience o~ Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section ?3958 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. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Deparhnent to make recommendations related to the public convenience or necessity determinations; and 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 beer and wine does not adversely affect any adjoining land use or ihe growth and development of the surrounding azea. 4. That subject property is located in Reporting District 1536, which has a crime rate of 107 percent above the City average and is also located in Census Tract 864.05 which permits 4 off=premises sales and consumption licenses and currently there are 3 licenses e~sting. 5. That there is a preschool adjacent to the site to the south and there aze no public parks adjacent to the subject site. 6. That there is one license for off-premises sale and consumption immediately adjacent to the site. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. 7. 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. 8. That beer and wine sales for off-preinises consumption will be accessory to the general retail sales of the proposed convenience mazket. The convenience store with accessory beer and wine sales will provide a convenience to patrons visiting the service station. Therefore, the requested off-sale license will not be detrimental to the area provided that restrictions on the sales of beer and wine aze included in the approval. 9. That a person indicated their presence at said public hearing in opposition; and that a letter was received in opposition to the subject petition. NOW, THEREFQRE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration reflects the independent judgment of the lead agency azid 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 enviromnent. PC2008-54 NOW THEREFORE BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off-premises consumption at this location based on the following conditions found to be a necessary prerequisite to the proposed use of the subj ect property in order to preserve the health and safety of the Citizens of the City of Anaheim: Responsible No. Conditions of Approval for Monitorin TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR iWITHINA PERIOD OF ONE (I) YEAR FROMTHE DAZ'E OF THIS RESOLUTION,; WHICHEI'ER ' OCCURS FIRST 1 That this Public Convenience or Necessity No. 2008-000040 is Planning hereby granted expressly conditioned upon approval of General Plan Amendment No. 2008-00464, Reclassification No 2008- 00316 and Conditional Use Pemut No. 2008-0~309. 2 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department E~ibit No. 1 through 8 and as conditioned herein. 3 Complete a Burglary/Robbery Alann Permit application, Form Police APD 516, and return it to the Police Deparhnent prior to initial alazm activation. 4 Business shall be equipped with an alarm system (silent or Police audible). 5 File Emergency Listing Cazd, Form APD-281, with the Police Police Deparhnent, available at the Police Department front counter. TIMING: 'ONGOING DURING OPERATION ! 6 This permit is approved without limitations on the hours of Planning operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. PC2008-54 Responsible COA Conditions of Approval for Monitorin TIMINGz GENERAL CONDITIDNS ' Security measures shall be provided to the satisfaction of the Pofice Anaheim Police Department to deter unlawful conduct on the ~ part of employees or patrons, and promote tt~e safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. There sha11 be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, $ promotfng or indicafing the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs for alcoholic beverages which aze clearly visible to the exterior shall constitute a violation of this condirion. 9 The azea of alcoholic beverage displays sha11 not exceed 25% of Polace the total display area in the building. 10 Sales of beer and wine shall be made to customers only when the Police customer is in the building. i 1 No person under 21 years of age sha11 sell or be pemutted to sell Police beer or wine. 12 No disrilled spirits aze allowed under this license. Police The possession of alcoholic beverages in open containers and the Police 13 consumption of alcoholic beverages aze prohabited on or azound these premises. The pazking lot of the premises shall be equipped with lighting Police of sufficient power to illuminate and make easily discemible the 14 appearance and conduct of all persons on or about the parking lot. Additionally the position of such lighting shail not disturb the normal privacy and use of any neighboring residences. ~ 5 There shall be no amusement machines, video game devices, or Police pool tables maintained on the premises at any time. There shall be no public telephones on the property that aze Police 16 locates outside the building and within the control of the applicant. 1 ~ No display of alcoholic beverages shall be located outside of a Police buildin or within five (5) feet of an ublic entrazice to the 4 PC2008-54 building. Beer and malt beverages shall not be sold in packages Police 1 S containing less than a si~ (6) pack for off-premise consumption and wine coolers shall not be sold in packages contauung less than a four (4) pack. The gross sales of alcoholic beverages shall not exceed 35 percent Police of all retail sales during any three month period. The applicant 19 sball maintain records sales of alcoholic beverages and other items. These records shall be made available for inspection by any City pf Anaheim official when requested. Wine shall not be sold in bottles or containers smaller than 750 Police 20 ml, and wine-coolers and beer-coolers must be sold in manufacturer prepackaged mulri-unit quantities. The property shall be permanently maintained in an orderly Planning ~ 1 fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. The timing for compliance with conditions of approval may be Planning amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies 22 Yhe original intent and purpose of the oondition(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. Extensions for further time to complete conditions of approval Planning 23 may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, 24 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 RE50LVED that the Anaheim Plamling 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. 5 PC2008-54 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 chazges - related to the processing of this discretionary case application within 15 days of the issuance pf the final invpice or prior to the issuance of building pernuts for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocarion of the approval of this applicarion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. Said resolution 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 oflan appeal.~ COMMISSION ATTEST: ~ ~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIP'ORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanar Morris, Senior Secretary of the Anaheim Planning Coirunission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Apri128, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: KARAICI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this !3 ~ day of _ ~~t f-_' 2008. ,~~ ~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 6 PC200S-54 ___ __ - - -. - - . _. _--- ~U - r ~ Y ~ g __ _ o ,o ioo ~ k~.~ Subject Property LA PALMA AVE , W~~~~~ ~ ~ ~ ~ ~ __ _ __ _ ~Source: Recorded Tract Maps and/or City GIS. Please note ~he accurecy is +/- (WO lo five feet. General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street ~ , ~ > ' ~ < ~ > m a E W ~ _ ~ 0 a E.LAPPLMqAVE ~~ Z ~ _, ~ ~ ~e~ m1 m~ f~, Ay m~'. ~` tW PVE 0 0 'u E RoPpWpV . 10523