Resolution-PC 2008-69RESOLUTION NO. PC2008-69
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00044
FOR AN EXCHANGE OF AN ALCOHOLIC BEVERAGE LICENSE
FROM A TYPE 20 TO A TYPE 21 LICENSE
(511 WEST CHAPMAN AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities Yo the Planning Commission relating
to tUe 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 tl~at 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
Deterniination oPPublic Convenience or Necessity to permit the exchange of an existing Type 20
ABC beer and wine license to a Type 21 ABC license allowing off-sale of beer, wine and distilled
spirits as an ancillary use to an existing convenience market for certain real property situated in the
City of Anaheim, County of Orange, State ofCalifornia, as more particularly described in Exhibit
"A" attached hereto and incorporated by this reFerence.
WHEREAS, Che Pla~ming Commission did hoJd a public hearing at the Civic Center in
the City of Anaheim on June 23, 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 variance
and to investigate and make fndings and recommendations in connection therewith; and
WHEREAS, said Plaiming 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 existing business is a legal non-conforming use. Conditional Use Perniit No.
3055 was approved by the Planning Commission on August 29, 19$8, to permit a convenience
market in an existing commercial retail center located within the General Commercial (CG) zone
with fewer parlcing spaces than allowed by code. In 2005, the property was reclassified to the
.Analieim Resort Specific Plan Zone and the business became legal nonconforming as convenience
stores are not permitted within the Anaheim Resort Specific Plan zone. On February 24, 2008, the
Zoning Administrator approved Miscellaneous Permit No. 2008-00240 to modify a nonconforming
use to exchange an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing
off-sale of beer, wine and distilled spirits as an ancillary use to the convenience market.
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2. 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 tliat 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.
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 that said
recommendations shall take tlie 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 Uie surrounding area.
4. Tl~at the subject property is located in Reporting District 2225 which has a crime rate
of 145 percent above the City average. The property is also located within Census Tract No. 884.03
which has a population of 6,514. This census tract allows for four licenses and there are currently
nine licenses in the tract (three licenses are located in Anaheim and six licenses aze located in the
City of Garden Grove).
5. That there are no schools or public parks adjacent to or within 500 feet of the subject
site.
6. That there are ABC licenses for off-premises sale and consumption in the nearby
vicinity of the subject site located in the City of Garden Grove; however, tUe conditions of approval
will ensure that approval of this request will not adversely affect any adjaining land use or the
growtll and development of the surrounding area.
7. That the owner proposes to "surrender" his cunent Type 20 license and will obtain a
new Type 21 license. ThereFore, there will not be a net increase in the number of ABC licenses
within t6e applicable Census Traet.
8. That the DeYennination 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.
9. That alcoholic beverage sales for off-premises consumption will be accessory to the
general retail sales of the existing convenience market. The retail store with accessory alcoholic
beverage sales will provide a convenience to patrons visiting the retail center and The Anaheim
Resort for various types of inerchandise, dining, recreational activities, and personal services.
Therefore, tlie requested off sale license will not be detrimental to the area provided that restrictions
on the sales of alcoholic Ueverages are included in the approval.
10. Thak the sale of liquar will continue to be an ancillary component of the business and
the prirnary 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.
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11. That the Anaheim Police Department does not oppose the proposed ABC License
exchange and recommends conditions of approval that aze included below.
12. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within tl~e definition of Categoncal `
Exemptions, Class 1(Existing Facilities) as deFined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby determine that the public convenience or necessity will be served by the exchanging of
khe ABC license for the business from a Type 20 to a Type 21 license based upon the following
conditions found to Ue a necessary prerequisite to the proposed use oPthe subject property in order
to preserve the health, safety and general welfare of the Citi2ens of the City of Anaheim:
No. Conditions of Approval Responsi4le for
Monitoring
GENERAL '-
1 That there shall be no exterior advertising or sign of any lcind Police
or type, including advertising directed to the exterior from ' Code Enforcement
within, promoting or indicating Che availability of alcoholac
beverages. Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall consritute a
violation of this conditiou.
2 That no display of alcoholic beverages shall be located outside ' Police/
of a building or within five (5) feet of any public entranee to Code Enforcement
the Uuilding.
3 That the area of alcoholic beverage displays shall not exceed Police
25% of the total display area in a building. ' Code Enforcement
4 That sale of alcoholic beverages shall be made to customers Police
only when the customer is in the building. Code Enforcement
5 That no person under 21 years of age shall sell or be permitted Police
to sell alcohol without someone 21 years of age or older Code Enforcement
present.
6 That beer and malt beverages shall not be sold in packages Police
containing less than a six (6) pack, and wine coolers shall not Code Enforcement
be 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., 40 oz., or similar size containers shall be
prohibited.
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7 That the possession of alcoholic beverages in open containers Police
and the consumption of alcoholic beverages are prohibited on Code EnforcemenY
or around these premises.
8 That the parking lot of the premises shall be equipped with Police
lighting of a minimum 1 foot candle power to illuminate and Code Enforcement
make easily discemible 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.
9 That there shall be no amusement machines, video game Police
devices, or pool tables maintained upon the premises at any Code Enforcement '
time.
10 That there shall be no public telephones on the property that Police
are located outside the building and within the control of the Code EnforcemenY
applicant.
11 That the gross sales of alcoholic beverages shall not exceed 35 ' Police
percent of all retail sales during any three (3) month period. Code Enforcement
The applicant shall maintain records on a quarterly basis
indicating tl~e separate amounts oFsales oFalcoholic beverages
and other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
12 That the petitioner sl~all be responsible for maintaining the Police
area adjacent to the premises over which they have control, as Code Enforcement
depicted on Exhibit 1, in an orderly fashion through the
provision of regular maintenance and removal of trash or
debris. Any graffiti painted or marlced 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 reaz door(s) shall be kept closed at all tunes during the Police
operation of the premises except in the cases of emergency and Code Enforcement
to permit deliverias. Said door(s) slxall not consist entirely of a
screen door or ventilated security door.
3 4 That signs shall be prominently posted at the wine storage and Police
tlie cash register area reading: "Wine coolers may be purchased Code Enforcement
on these premises only in quantities of a four-pack or more."
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15 That subject property shall be developad substantialiy in Planning
accordance with Plans and specifications submitted to the City
of Anaheim Uy the petitioner and which plans are ou file with
tlie Pianning Department marked E:hibit Nos. 1 and 2, and as
conditioned herein.
16 That approval of tl~is application constitutes approval of the Plamiing
proposed request only to flie extent that is complies wiLh flie
Anaheim Municipal Zoning Code and auy other aPplicable City,
State and Federa] regulations. Approval does not inctude any
action or findings as to compliance or approvat of the request
regarding any otl~er applicable ordivance, regulation or
reqturement.
BE IT FURTHER RESOLVED that this permit is approved wiYliouY limitacions on
Che l~ours of operation or the diuation of the use. Amendments, modifications and revocations of
this pennit inay Ue processed in accordance with Chapters 18.60. I 90 (AmendmenC of Permit
A~~roval) aud 18.60.200 (City-IuitiaYed Ravocation or Modification of Pemuts) of the Ai~akeim
Mimicipal Code.
BE IT FURTHER FLESOL~~ED fhat the Anaheirn P[anning Commission does [iereby
fnd and detemiuie tliat adoption of this Resolution is e~:pressly predicated upon applicant's
compliance with eacl~ and all of the conditions hereinabove set forth. Should any sucl~ condition, or
any part thereof, Ue declared invalid or Lmenforceable by the fmal judgment of any court of
competeni jurisdiction, then this Resolution, aud any approvals herein contained, slial] be deemed
ntQl ~nd void.
BE IT FURTA~R RESOLVFD that flie applicaztt is responsible £or paying all
charges related to fhe processing of this discretionary case application within 15 days of tlie
issuance of Yhe fnal iirvoice. raiiure to pay all charges shall result in the revocation of the approval
of this applicltion.
THE FOREGOING RESOLUTION was adoptecl at the Plarming Conunission
meering oP 7~me 23, 2008. Said resolution is sul~ject to the appeal provisions set forth in Chapter
] 8.60 "Zonin~ Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures aud may be replaced by a City Council Resolution in the event of an appeal.
ATTEST:
CHAX:RNJiIjd, ANAHEIM I//~,~Nl`T1NG COMMISSION
SEMOR S'~CRBTARY, ANAHEIM PLANNING COMMIS3ION
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STATE pf CALII'ORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Platming Commission, do hereUy
certify t1~aC the foregoing resoli3tion was passed and adopted al a meeting of the A~3aheim Planning
Commissiou l~eld on Iune 23, 3008, by tlie following vote of the meinbers diereo£ :
A1'ES: COMMISSIONERS: AGARWAL, BUFPA, EASTMAN, FAESSEL,
KARAI~I, ROMERO, VELASQUEZ
NOES: COMNIISSIONERS: NONE
ABSENT: COMNIISSIONI;RS: NONE
IN WITNESS WHEREOF, I have hereunto set nry (rand this 3`d day of Jtily, 2008.
SENIOR ~CRETARY, ANAHEIM PLANIVING COMMISSION
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