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Resolution-PC 2009-009RESOLUTION NO. PC2009-009 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXIS77NG FACILITIES) AND APPROVING A DETERMININATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00048 (1000 WEST LINCOLN AVENUE) WHEREAS, on July i 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 Frofessions 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 ABC shall deny an application for a license if issuance of thaC license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, excepC when an applicanC has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of Che City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to authorize the exchange and upgrade of the ABC license from a Type 201icense to a Type 21 license to pemut the sales of beer, wine and distilled spirits for off-premises consumption in conjunction with an existing legal non-conforming convenience market on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R-1.34 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1.8.60 "Procedures", to hear 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 fallowing facts: PC2009-009 1. That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district that has a crime rate above the 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 thaC license would tend to create a law enforcement problem 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 Anaheim Police Department Co make recommendations related to the public convenience or necessity determinations; 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 thaC 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 1723, which has a crime rate of 6% percent above the average. The population within the census tract allows for three off sale ABC licenses and there are presently two licenses in the tract. The population also allows for three on sale licenses and there are presently three in the tract. 4. That the proposal, as conditioned, will not adversely affect the adjoining land uses and Che growth and development of the area in which it is located because the sale of alcoholic beverages is ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. Moreover, the Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to compliance with conditions of approval. 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 the Craffic generated by the continued use of the property as a convenience market with off-premises alcoholic beverage 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 detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market. The Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the conditions of approval. 8. That no persons 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 Che definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities] as defined in the State CEQA - 2 - PC2009-009 Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of .approval described in Exhibit "B" attached hereto and incorporated by this reference which are 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 TI' FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of Che 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. BE IT FURTHER RESOLVED that the Anaheim City 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. BE IT FURTHER RESOLVED that the Anaheim City 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 charges related to the processing of this discretionary case application within 15 days of the issuance of the fmal invoice for this project. 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 January 21, 2009. Said resolution is subject Co the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, NA IMP A1~INIl G COMMISSION ATTEST: SENIOR SECRE~P£Y, ANA-IEIM PLANNING COMMISSION - 3 - PC2009-009 STATE OF CALIFORNIA ) COUNTX OF ORANGE ) ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS NOES: COIvIMISSIONERS ABSENT: COMMISSIONERS IIV WITNESS WHE] January _, 2009. KARAICI, AGARWAL, FAESSEL, EASTMAN, ROMERO, RAMIREZ, BUFFA NONE NONE 2EOF, I have hereunto set my hand this ~ day of ~1 ~) ~ ~ ~~ SENIOR SECRE'T'ARY, APbIAHEIM PLANNING COMMISSION - 4 - PC2009-009 EXHIBIT `A" PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00048 N U o.. :m®® Sousa. Paccrded TreC Maps ano/or City 615. Pleesa nota Ina accuracy is */-two to irve laet. - 5 - PC2009-009 EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY PERMIT N0.2008-00048 RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING GENERAL That no alcoholic beverages shall be displayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. 'That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 2 promoting or indicating the availability of alcoholic beverages. Police/Code Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. That the area of alcoholic beverage displays shall not exceed Police/Code 3 25% of the total display area in a building Enforcement 4 That the sales of alcoholic beverages shall be made to Police/Code customers only when the customer is in the building. Enforcement That no person under 21 years of age shall sell or be permitted police/Code 5 to sell alcohol without someone 21 years of age or older Enforcement present. That beer and malt beverages in quantities of quarts, 22 oz., 40 police/Code 6 oz., or similar size containers is prohibited. No beer or malt Enforcement beverages shall be sold in quantities of less than six per sale. That wine shall not be sold in bottles or containers smaller than police/Code 7 750m1. and wine-coolers must be sold in manufacturer pre- Enforcement packaged multi-unit quantities. That the possession of alcoholic beverages in open containers police/Code 8 and the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. - 6 - PC2009-009 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING That the parking lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power Co illuminate 9 and make easily discernible the appearance and conduct of all Police/Code persons on or about The parking lot. Additionally, the position Enforcement of such lighting shall not disturb the normal privacy and use of any neighboring residences. 10 ' That there shall be no amusement machines, video game Police/Code devices or pool tables maintained on the premises at any time. Enforcement That there shall be ^o public telephones on the property that are police/Code 11 located outside of the building and within the control of the Enforcement applicanC. That the business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control., in an orderly fashion through the provision of police/Code 12 regular maintenance and removal of trash or debris. Any Enforcement graffiti painted or marked on the premises ar on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. That the rear door(s) shall be kept closed at all times during the 13 operation of the premises except in the cases of emergency and Police/Code to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City l4 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked ExhlbiC Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, 15 State and Federal regulations. Approval does not include any Planning action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-009