Loading...
Resolution-PC 2009-026RESOLUTTON NO. PC2009-026 A RESOLUTION OF THE ANAHEIM PLANNING COMMiSSION APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING A DETERMININATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00055 (1151 NORTH EUCLID STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolutfon No. 95R-134 establishing procednres and delegatiqg certain responsibilities to the Planning Commission relating to the deCermination of °gnblic conve~ience or necessity" on those certain applications requiring that such determination be made by t}~e local goveming body pursuant to applicable provisions of the $usiness and Professions Code, and prior to the issuance of a license by tl~e 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 lice~se if iss~ance of that license would tend to create a law enforcement problem, or if issuance would resulC 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 Plann~ng Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to pernut a Type 21 ABC license to permit Che sales of beer, wine and distilled spirits for off-premises consumption ~n conjunction with a proposed convenience market on certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by Chis reference. WHEREAS, the Flanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, notice of said public hearing having been duly giveo as required by Resolution No. 95R-134 and io accordance with the provisio~s of Yhe Anaheim Municipal Code, Chapter 18.60 "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 inspectioo, investigation and study made by itselP and in its behalf, and after due considerakion of al] evidence and reports offered at said hearing, does find and determine the following facts: - 1 - PC2009-026 L That Califomia state law requires a Determination of Pablic Convenience or Necessity when property is located in a reporting distdct that has a cdme rate above the average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a 19cense if issuac~ce of that license wo~id 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 to mal:e recommendations related to the pnblic convenience or necessity determinations; and w}~en the sale of alcobolic beverages far off-premises consnmpeion is pezmitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the deCermination in order to ensure tl~aC the sale and consumpCion of alcoholic beverages does not adversely affecC any adjoining ]and use or the growth and development of the surrounding area. 3. That subject property is located within Repor[ing District 1421, wl~ich has a crime rate of 114% percent above the average. The populatio~ within the ce~sus tract allows for five off sale ABC licanses and there are preseotly four lipeoses in the tract. The population also allows for 10 on sale lieenses and there are presendy two in the tract. 4. That the proposal, as conditioned, will uot adversely affect the adjoining land Lises and fihe growCh and developmeot of the area in whieh it is located because ehe sale of alcoholic beverages is ancillary to the overal~ product mix pravided by the neighborhood-oriented convenience market. Moreover, the Police Department indicates no specific concarns related to off-premises alcoholic beverage sales and operation of this business, subject to compliance with conditions of approval. 5. ThaC Che traffie generated by the continued use of Yhe property as a convenience market with off-premises alcoholic beverage sales will not impose an u~due burden upon the streets and highways designed and improved to carry the traffic in the area and; 6. That khe granting of the DeCermination of Public Convenience or Neeess3ty under the conditioos imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoi~olic beverages is ancillary to Che proposed market. The Police Department indicates no speciFc concems related to off-premises alcoholic beverage sales and operation of this business, subjecC to the condiCions of approval. 7. 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 projecC falls witt~in the definitian of Categorical Exemptions, Sectio~ 15301, Class 1(Existing FaciliCies) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement To prepare additional environmental documentation. - 2 - PC2009-026 NOW TEIEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will be served by the issua~ce of a license for the sale of alcoholic beverages for off-premises consumption at this IocaUOn subject to the conditions of approval described in Exhibit "B" attached hereCO and incorporated by this reference which are found to be a ~ecessary prerequisiYe to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the Ciry of Anat~eim. BE IT FURTHER RESOLVED 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 18.60190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of tt~e Anaheim Municipal Code. BE IT FURTHER RESOLVEA Chat the Aoabeim 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 competenc jurisdict3on, then this Resalution, and aoy approvals herein coAtained, shall be deemed null and void. BE IT FURTHER RESOLVED thaC the Anaheim City Planning Commission does hereby ~nd and determiue that adoption of this Resolution is expressly predicated upan applicant's compliance with each and a11 of the findings hereinabove set forth. BE IT FURTHER RESOLVED that tt~e applicanC 9s responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the tinal invo9ce for this project. Failure to pay all charges shall result in delays in the issuance of required peruaits or the revocation of the approval of this application. THE FORBGOING RESOLUTION was adopted at Che Planning Commission meeting of February 18, 2009. Said resolution is sobject to the appeal provisions set forth i^ Chapter 1$.60 °`Procedures" of Che Anaheim Municipal Code pertaining Co appeal procedures and may be replaced by a City Coancil Resolntion in the event of an appeal. ~o CHAIRMA , N PLA COMMISSION A SECRETARY, ANAHEINT~LANNING COMMISSION - 3 - PC2009-026 STATE OF CALIFORNIA ) COUNTY 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 February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: AGARWAL, EASTMAN, RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~G day of Mazch, 2009. ~-- Y, ANAHEIM PLANNING COMMISSION - 4 - PC2009-026 EYI-IdBIT "a" PUBLIC CONVENIENCE OR NECESSITY PERIVII~' NO. 2009-OOOiS - 5 - PC2009-026 EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2009-00055 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL'-OIV G(?ZIVGDURZNG]?RCiJ~CT.OPERA~?~ON ' ' ' 1 There shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed Yo Che exterior from Enforcement ~ withi~, promoting or indica6ng Cbe availability of alcoholic beverages. Interior displays of alcoholic beverages orsigns which are clearly visible to the exterior shall consCitute a violation of this condition. 2 No alcoholic beverages shall be displayed outside of the Police/Code building or within five (5) feet of any public enCrance to The Enforcement building. 3 The area of alcoholic beverage displays shall not exceed 25% Police/Code of the total display area in a building Enforcement 4 The sales of alcoholic beverages shall be made to customers ' Police/Code only w6en the customer is in the building. Enforcement 5 No person under 21 years of age shall sell or be permitted to Police/Code sell alcohol unless under contiuuous supervision of an adult EnfarcemenC 21 years of age or older. 6 Beer and malt beverages in quarts, 22 oa., 40 oz., or similar Police/Code size containers raay not be sold individually and must be sold Enforcement in mu1Ci-unit, prepackaged quautities as delivered from the disCributor. 7 The possession of alcoholic beverages in open containers and Police/Code the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. 8 There shall be no amusement machines, video game devices Police/Code or pool tables mainCained on the premises aC any time. Enforcement 9 There shall be no public telephones on the property that are Police/Code ]ocaYed outside of Che building and wiThin the control of the Enforcement applicant. - 6 - PC2009-026 RESPONSIBLE FOR NO. CONDITIONS OFAPPROVAL MONITORING 10 Wi~e shall ~ot be sold io bottles or containers smaller than Police/Code 750 mL and wine coolers shall not be sold in packages Enforcement containing less than a 4 pack. 1] The subject property sball be developed substantiaLly in Flanning accordance with pians and specifications submitted to the City of Anaheim by the petiYioner and which plans are ou file wiYh Che Planning DepartmenY marked Exhibit Nos. 1 a~d 2, and as canditioned herein. 12 Extensions for fur[her time to compleCe cooditions of Planning approval may be granted in aecordance with Section 1$.60.170 of the Anaheim Municipal Code. 13 Approval of Chis application constituCes approval of the Planning proposed req~est only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does noC include any actian or findangs as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-026