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Resolution-PC 2008-56RESOLUTION NO. PC2008-~6 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVIIVG A CATEGORICAL EXEMPTIOI~T, SECTION 15303, CLASS 1 (EXISTIIVG FACILITIES) AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-0004? FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (440 NORTH EUCLID STREET) WHEREAS, on July 11, 199~, the City Council adopted Resolution No. 95R-134 establishing proceduxes and delegating certain responsibilities to the Planning Corsunission relating to the determination of "public convenience or necessity" on those certain applications requiring that such deteimination 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 Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off-premises consumption within a Wal-Mart retail store wittain the Anaheim Plaza Shopping Center on certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Eachibit A, attached hereto and incorporated herein by trus reference. WHEREAS, the Plamiing Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008, norice 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 heaz 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: PC2008-56 1. That California state law requires a Determination of Public Convenieace or _ Necassity 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: 2. That Resolution No. 95R-134 authorizes the City of Anahenn Police Department to make recommendations related to the public convenience or necessity determinarions; and when the sale of alcoholic beverages for on-premises consumption is permitted 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 and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Reporting District 1622, which has a crime rate of 330 percent above the average. The population within the census tract allows for five off sale ABC licenses and there is presently one license in the tract. The population also allows for eight on sale licenses and there are presently three in the tract. Therefore, the addition of one off sale license for the census tract would not exceed the allowance for the azea and would not result in an over concentration of licenses. 4. That the proposal, as conditioned, will not adversely affect tY~e adjoining land uses and the growth and development of the area in which it is located because the sale of beer aud wine is ancillary to the overall product mix provided by the regional commercial retail store. Moreover, the Police Department indicates no specific concerns related to off=premises beer and wine sales and operation of this business, subject to compliance with conditions of approval. 5. That the size and shape of the site for the continued use of the property as a regional commercial center with off-premises beer and wine sales is adequate to allow the use in a manner not detrimental to either the particular azea or health and safety as the sale of beer and wine is ancillary to the existing regional commercial retail store. 6. That the traffic generated by the continued use of the properiy as a regional wmmercial retail store with off=premises beer and wine sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 7. That the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be deh-imental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine is ancillary to the e~sting convenience market, the Police Department indicates no specific concerns related to off=premises beer and wine sales and operation of this business, subject to the conditions of approval. 8. 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 determinarions. PC2008-56 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the defuution of Categorical Exemptions, Section 15303, Class 1(E~sting Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepaze additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby detemnine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on-premises consumption at this location based on the following conditions 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: Responsible COA Conditions of Approval for 1Vlonitorin TMINGc FRIOR TO FINAL BUILDINGAND'ZONING!INSPECTIONS ; COA 1 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anahenn by the applicant and which plans are on file with the Planning Department and labeled Exhibit No. 1 and as cpnditioned herein. 'TMING:'GENERAL' CONDITIONS I COA 2 There shall be no exterior advertising or sign of any kind or Police 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 aze cleazly visible to the exterior shall constitute a violation of this condirion. COA 3 No display of alcoholic beverages shall be located outside of a Police building or within five (5) feet of any public entrance to the building. COA 4 The azea of alcoholic beverage displays shall not exceed 25% of Police the total display azea in a building. COA 5 The sale ofbeer or malt beverages in quantities of quarts, 22 oz., Police 32 oz., 40 oz., or similaz size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. COA 6 The possession of alcoholic beverages in open containers and the Police consumption of alcoholic beverages are prohibited on or around these premises. PC2008-56 COA 7 The pazking lot premises shall be equipped with lighting of a Police minimum 1 foot candle to illuminate and make easily discernable the appeazance 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. COA 8 There shall be no amusement machines, video game devices, or Police pool tables maintained upon the premises at any time. COA 9 There shall be no public telephones on the property that are Police located outside the building and within the contro] of the applicant. COA 10 Any graffiti painted or marked upon the premises or on any Police adjacent azea under the control of the license shall be removed or painted over within 24 hours of being applied. COA 11 The petitioner shall be responsible for maintaining free of litter Police the azea adjacent to the premises over which they have control, as depicted. COA 12 Wine shall not be sold in bottles or containers smaller than 750 Police ml. and wine-coolers must be sold in manufacturer pre-packaged multi-unit quantities. COA 13 The property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, aud removal of graffiti ' within twenty-four (24) hours from the time of discovery. COA 14 The timing for compliance with conditions of approval may be Planning amended by the Flanning 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 modificarion complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. COA 15 Extensions for further time to complete conditions of approval Planning may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 16 Appxoval 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, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request re ardin an other a licable ordinance, re lation or PC200$-56 requirement. BE IT FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of fhis pennit may be processed in accordance with Chapters 18.60190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RE30LVED 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 jud~nent 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 Planniixg Commission does hereby find and determine that adoption of this Resolution 3s 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 a11 charges related to the processing of this discretionary case applicarion within 15 days of the issuance of the final invoice for this project. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of ttus application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Muiucipal Code pertainivg to appeal procedures and may be replaced by a City Council Resolution in the eve t an appeal CHAI . ANAHEIM-~/~G COMMISSION ATTEST: .., ir ~ OFFICE SP~~.,I~~I', ANAHEIM PLANNING DEPARTMENT STATE OF CALIFORNIA ) COUNTY OF OTtANGE ) ss. CITY OF ANAHEIM ) I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution was passed and adopted at a meetuig of the Anaheim Planning Commission held on May L, 2008, by the following vote of the mernbars thereof: AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE PC3008-56 ABSENT: COMMISSIONERS: KARAICI ~ ~~~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~ day of C'~~~, 2008. _ ~ S OFFICE SPECIA ~, AN EIM PLANNING DEPARTMENT 6 PC2008-~6 ~ W A I p ~I ~ ~Z ~ r2 RS-i O m ~ WESTMONT m ~ Q ELEM.SCHOOL y~~ O D~ J A m a WESTMONT DR ; RS-1 CHURCH TPM 93-187 RCL 92-9&OS RCL 54-55-4 RCL 53-54-27 T-CUP 2003-04697 CUP 3783 CUP 3661 CUP 3566 DAG 93-01 EIR 31fi PCN 2008-00042 (CUP 3938) (VAR 2846) ANAHEIM PLAZA RM-4 PINE TREE ~ APTS i 24 DU RM-4 WILSHIRE CREST APTS 32 DU o so iao ~ ~ n c: 9~ F RFF~q y May 12,2008 Q Subject Property Public Convenience or Necessity No. 2008-00042 440 North Euclid Street ~IVILSy~RE ~ L ~ ~.~ ~tiG~ OFFICE •; LDG. • _ • ` RF~E~ ~OP~MjP~ ~ _ y F~TqRF~ 10528