Resolution-PC 2009-059RESOLUTION NO. PC2009-059
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AFPROVING A CATEGORICAL BXEMPTION, SECTION 15301,
CLASS 1(EXISTING FACILI3'IES) AND
APPROVING A REQUEST FOR DETERMINATION
OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00060
(859 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 11, 1995, the City Couocil adopted ResoluCion No. 95R-134
establishing procedures and delegatang 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 Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage
Control (ABC); and
WHEREA3, Section 23958 of the Bnsiness and Frofessions Code provides that ABC
shall deoy an application for a license if issuance of Yhat 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 khe Ciry of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit the sales of beer and
wine for off-premises consumption (Type ~0 ABC License) in conjunction with a convenience market
on cerCain real property situated in tbe City of Anaheim, County of Orange, State of Califomia, shown
on Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, this application for a Determination of Public Convenience or Necessity
was s~bmitted in conjoneCion with an application for Conditional Use Permit No. 2004-OSA22 Co
operate a convenience market with the sales of beer and wine for off-premises consumption in an
exisCing commercial building; and
WHEREAS, this property is currenkly developed with a commercial bvilding withio Cl~e
General Commercial (C-G) zone, and the Anaheim General Plan designates this property for General
Commercial laod uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 27, 2009, at 230 p.m., notice of said public hearing having been duly
given as required by ResoluCion 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 Request for Determination of Public Convenience or Necessity No. 2009-00060 in
conjunction with Conditional Use Permit No. 2009-05422 and to investigate and make findings and
recommeodations in connect3on therewith; and
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WHEI2EAS, said Commission, after due inspecCion, investigation and st~dy 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 Califomia state law requires a Determination of P~blic Convenience or Necessity
when properCy is located in a reporting district tbat has an ovar concentration of licenses and that
Section 23958 of tUe Business and Professions Code provides that the ABC shall deny an applicatioo
for a license if issuance of that license would tend to create a law enforcement problem except when an
agplicant has demonstraYed that publ3c convenience or necessity would be served by issuance of a
license.
2. That Resolotion No. 95R-13~F authorizes the City of Ana4eim Police"Department to
make recommendations related to the public convenience or necessity determinations; and when the
sale of alcoholic beverages Por on-premises consumption is permitted by the Municipal Code, said
recommendations shall take the form of conditions af approval to be imposed on the deternunation in
order to ens~re that the sale and consumption of alcoholic beverages daes not adversely affect any
adjoining land use or the growth and development of the sunounding area.
3. That subject property is located within RepoRing DistricC1824, which has wbich has a
crime rate of a 154% above the average. The population within the census tract allows four off-sale
licenses in the tract and there are presenYly six licenses in Yhe tract.
4. That Yhe proposal, as conditioned, will not adversely affect the adjoining land uses and
Che growth and development of the area in which it is locaCed becaose the sale of beer and wine is
ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store.
Moreover, the Police Department indicates no specific concems related to off-premises beer and wine
sales and operation of this business, subject to compliance with conditions of approval.
5. ThaC the traffic genezated by the condnued use of the property as a convenience markeY
with off-premises beer and wine beverage sales will not impose an undue burden upon the streets and
highways designed and im~roved to carry the traffic in the area.
6. 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 beer and wine beverages is ancillary to the proposed market. The Police
Department indicates no specific concems related to off-premises beer and wine sales and operation of
this business, subject to the conditions of approval.
WHEREAS, the proposed projecC falls wiYhin khe definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE TT RESOLVED tha[ the Anaheim City Planning Commission, for the
reasons hereinabove stated, does hereby approve the Request for a Determination of Public
Convenience and Necessity No. 2009-00060 subject to the conditions of approval described in Exhibit
`B" attached hereto and incorporated by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
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general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with 3ection 18:60.170 of the Anaheim
M~nicipal Code. Timing forcompliance wit}~ conditions of approval may be amended by the Planning
Director upon a showing of gopd caase provided (i) equivalent Yiming is established Chat satisfies Che
original intent and purpose of the eondition(s), (ii) the modification complies with the Anaheim
Mu~icipal Code and (iii) the applicant has demonstrated significant progress towazd establishmenY of
the use or approved development.
BE 3T FURTHER RESOLVED, Chat Chis permit is approved wittiout limitations on tt~e
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Ame~dment to Permit Approval) and 18.60.20~ (Ciry-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 tt~at adoption of tt~is Resolution is expressly predicated upon applicant's
compliance with each and all of the aonditions hereinabove set forth. Shouid any suah condition, or
any part thereof, be declared invalid or unenforceable by the final judgmenC of any court of competent
jurisdiction, then this Resolution, and any approvals herei~ contained, shall be deemed null and void.
BE IT FQRTHER RESOLVED tbat approval of Yhis application constitutes approval of
the proposed request only to the extenC that it complies wlth Che Anaheim Municipal Zoning Code and
any other applicable City, State and Federal reg~latians. Approval does not include any action or
findangs as to compliance or approval of the requesC regarding a~y other applicable ordinance,
regulation or requirement.
BE IT FLTRTHER RESOLVED that approval of Chis applicatio~ is subject to the
approva] of Conditiooal Use Permit No. 2009-05422.
BE IT FURTHER RESOLVED that the applicant is responsable for gaying all charges
related to the processing of this discretionary case application within I S days of the issuance of the
final invoice. Failure to pay all cbarges shall result in the revocation of the approval of this
applica6on.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of May 27, 2009. Said resolutioo is subject to tbe appeal provisions set forth io Cbapter 18.60 "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resol~tion in che eveut of an appeal.
CHAIRMAN, A1~IAHEIM CITY I~LANNING COMMISSION
ATTEST:
V ~
SENIOR SELTZETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, SeniQZ Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resoluCion was passed and adopted at a meeting of the Anaheim City
Planning Commission held on May 27, 2009, by the following vote of the members thereof:
AYES:
NOES:
COMMISSIONERS: BUFFA, EAST`MAN, KARAKI, ROMERO
COMMISSIONERS: AGARWAL, FAESSEL
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, ~-]lave hereunto
my hand this 27"' day of May, 2009.
SENIOR SECt~TARY, ANAHEIM CITY PLANNING COMMISSION
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E\HIBIT "A°
PUBLIC CONVENIENCE .4ND NECESSTTY` NO. 2009-00060
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Source: Recarded Tract Maps andlor City GIS.
Please note tbe accuracy is +~-two to five teet.
10763
EXHIBIT "B"
PUBLIC CONVEIVIENCE OR NECESSITY NO. 2009-00060
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL - ONGOING:DUffiNG PROJECT OPERATION
No alcoholic beverages shall be displayed ouCside of the police/Code
1 buiiding or within five (5) feeC of any public entrance to the
Enforcement
buildiug.
T6ere shall be no exterior advertising ar sign of any kind or "
type, inclading advertising directed to the exCerior from within,
2 promoting or indicating the availabiliry of alcoholic beverages. Police/Code
Interiar displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior sl~all constitute a violation of this
conditio~.
3 The area of alcoholic beverage displays shall not exceed 25% of Police/Code
the total display area in a building Enforcement
4 The sales of alcoholic beverages shall be made to customers Police/Code
only when tlte cusYOme~ is in the building. Enforcement
5 No person under 21 years of age shall sell or be permitted to PoliceJCode
sell any beer or wine. Enforcement
Beer and malt beverages in quantiries of quarts, 22 oz., 40 oz., police/Code
6 or similar size containers is prohibited. No beer or malt Enforcement
beverages shall be sold in quantities of less than six per sale.
Wine shall not be sold in boCtles or containers smaller than police/Code
7 750m1. and wine-coolers must be sold in manufacturer pre- Enforcement
packaged multi-unit quankiCies.
' The possession of alcoholic beverages in open containers and
8 the consumption of alcoholic beverages are prohibiked on or Police
around the premises.
The gatking lot of the premises shall be equipped wikh lighting
of a mizaimum one (1) foot candle power to illuminate and make
9 easily discernible the appearance and conduct of all persons on '
Police
or abont the parking lot. Additionally, the pasition oP such
IighCing shall not disturb the normal privacy and use of any
neighboring residences.
10 There shall be no amusement machines, video game devices or Police/Code
pool tables maintained on the premises at any time. Enforcement
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There shall be no public Yelephones on tbe property that are police/Code
11 located outside of the building and within the control of the Enforcement
applicant.
The business owner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they l~ave
control, in an orderly fashion through the provision of regular Code
12 maintenance and ramoval of trash or debris. Any graffiti EnforcemenC
painted or marked on the premises or on any adjacent area
under the control of the licensee shall be removed or painted
over within 24 ho~rs of being applied.
13 ~'he hours of operation shall not extend beyond midnight, seven police
days a week.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
The subject property shall be developed sabstantially in
accordance with plans and specifications submitted to the City
14 of Anaheim by the petitio~er and which plans are on file with Planning
the Planning Department marked Exhibit Nos. 1(Site Plan )
and 2(Floor Plan), and as conditioned herein.
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