Resolution-PC 95-114.1y~S >
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A RESOLUTION OF TM-I~ ANaHEIM CITY PLANNI~IG GOMMI,~,SIAN
DETERMItJING PU6LIC ~CONVENI~PJCE OR NECES5ITY
FOR AI.COHOLIC BEV~I~AGE' CQNTROL LICENSE N0, 85-01
AT 1221 SOUrhi ANAHEIM BOULEVARD
W1lHEFiEAS, the Anaheim Clry Planning Commission did receive a veriFiod renuest for
determinatinn af public cornien!ence or necessfty for Rn Alcoholic Bev~rage Contral license to sell boor
and wine for off-premisss consumptfon at a praposed supermarket for certafn roal property situated In the
City af Anahe(m, County of Orango, Stata of CalifQrnia, and
WHEREAS, th~ City Planning Comm(ssion did hold ~ public hearing at the Clvic Center
ln the City of Anahsim ~an September 18, 1995, at 1:3d p.m., notico of ~aid public hearing having h~en duly
given as r~quired by R~solution No. 95R-13h nnd in accordanc~ ~vith the pro~~isfona of the Anaheim
P~unicipal Codo, Chapter 18.Q3, to hear and consider evidenc~ fvr and against said praposed determination
of public convenience or necessity far an alcohalic beverage contral lic:ense to fnvestfgato and make
findinc~s and recommendations in connactf~n ~herewith; and
WHEREAS, the Anahelm C(ty Counaik, by its Fiesolutian IVo. 95R-134, lias del~gatod to the
Plannin~ Commissic-n Rha authorlty to make th~ determin~tion of public convenlence and nacessiry where
the City is responsible under state law to m~ke such determination, with the rigti~ of appeal (or rnview)
by th~ City Council; and
WM~REAS, safd Commissfon, aftar due Inspectian, investigatlon and study made by itse~;
and in its behalf, and aitor dua considorati~on of ~II evidence and rep~rts offered c: ~aid hearing, does fintf
and determine the f~llowinfl facts:
1. 7hat pursuant to Section 2395~1.4 of the Eusiness and Prafessfans Cade, as tho local
govorning body ofi the aroa in which the applicant premises are located, the Planning Commission shall
make determinations regarding public Gonvonience or nocassity.
2, That the petitfoner requests a determinatian of public convenfenae o~ necessity for an
Alcoholic BevQrage Control license to p~rmit the sale of beer and wins for off-premisos cansumption at
1 praposed supermarket located at 1221 8outh Anahefm Boulevard.
3, That the subject prop~rty, Ganslsting of appror,imately 4.6 acros located at the southwest
corner of Ball Road and Anaheim Boulsvard, ls zonod CL "Commercial, Llmited."
4. That the publlc convenience or nF~esSfty would b~ serv~d by ths issuance of the
requested license far the following reasons:
(a) That subjact businsss wouid serve as a Incal ~ublic conv~niance since it is the oniy full service
grocery market wfthin the area ~nd w~uld pr~vide an opportunity for area residents to purchase
beor and win9 whife meeting their other grocery shopping needs;
(q) That, given tho overall size and scopo of the grocery staro, the salo of beer and wine wauld
appear to be a minor aspect of the overall business operatio~;
_ 1 _ PC95-11 ~
CR2478DM.WP
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(c) 7hat subJect building was or(r~inally o~erat~ed as a grocory markat ~includin~ alcohol salos) and
w~s r~ot a detriment ta the surrounding area; and
(d) That the busl~~ess v~ill bo open between tho haurs of 7:00 a.m. to 10:00 p.m.
~~11.I~~RNIa ENViR~NM~NTAL ~QUALITY AGT' FINQI, N~: The Planning Cc~mmission h~s detormined, by
rn~atiori, that pursuarrt ta Secti~n 15061(b)(3), the prapos~ed project fs exempt frc~m tha raquirement ta
prepare an environmental impar,t report (El~i) ns defined In the 5t~te GIR Gufdelinos.
NOVV,1'I~iCREFORE, BE IT RFSOLVED that the Anah~im City Planning C~mmiss~an does
her~by make tho determination that tho publlc con~enienco ar nac~ssity would be served by the s~l~ of
b~aer and uvine for off-premisea cansumptian at thfs location upon the foUowing can~itior~s which ar9 h~reby
found tc- b~ a necessary prerequisite to tho proposed use of the subject property in order ta preseivo the
safety and general welfare of thQ Citizens oE tho City of AnahPim, ancl recomm8nds ta the Depar3raient of
~4lcoholic B~verac~e Control that sald conditions be fmpas~d up~n ?he Iicense:
1. That tho salos of alcoliolic beverages shall be permltted anly between the hours of 10:00 a.m. :ind
1Q:Q0 p.m.
2, That no al~ohollc bevorapes shall be consumed on any p~ropor~y uncier the control of the
applicant.
3. That a prominent, permanent sign, ~r s(gns, stating "NO LOITER!NG IS ALLOW~D ON OR IN
FRONT OF TNESE PREMfSES," s1~a11 be posted in both Engiish an~ Spanish.
4. That a prominent, perrnan~nt sign, or signs, stating "f~~ OPEN ALCOHOLIC fiEVERAGE
CON7AINERS ARE AI.LOWED ON THESE PREMISES," shall be pastod in a placa that is clearly
visiblQ tn patrons of the location. The size, format, form, placernent, and lanc~uagos of the sign
or sign~ shall be doterrnined by the Department of Alcoholic Beverage contral.
~, That the exteriar of the premises, fncluding adjacent public sidewalks and all parking lots un~er
the controi of the applicnnt, sf~all be Illuminateci during aU hours af darkness during whic;h the
premisos arQ open for t~usiness in a manner sA tha# persons standing in those aroas at nic~ht are
identiffable by law 2nforcement pQrsonnol.
6. Thax there shall be no ponl tabl~s or aafn-operated games maintainQd upon the premises any tfine.
7. That prior to the sale of aicohal beverages at thfs location, Conditior~ Nos. 3 an~ a., above
menxioned, shall be complfed with.
S. That approval of thfs applicatior~ constitutes approval ~f tha proposed request anly to tho extent
that It comnlles with the Anaheim Municipal Zoning Cade ancl ~ny other applicable Cfty, Stata and
Fcd~ral requlations. Appraval does not include any aatian or findings as to com~liance or
approv~l of the request regarding any other applicable ordinance, regulati~n or requirement.
BE 17 FURTHER RESOLVED that the Anahefm City Plann(~g ~Commis~lon does hereby fiiid
and detennine tiiat adoptfon o~ this R~solut~on i5 ~xpressly predicated upon applicant's compff~nc~ with
each a~-d all of 4he conditions herefnabovo sQt farth. Shoufd ~ny such conditfon, or ar~y part thereof, be
declared invalid or unenforceable by the finnl jud~ment of any court of competent Jurisdicti~n, then thEs
R~solucie~n, and any approvals horoin contained, sl~all be deemed null and void.
_2_ PC85-114
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THE FOR~GOING F~ESOI~UTION was ado~ted at the Planning Commission meeting of
Septembor t 8, 1995. , ~
CI-I I WOIVIAN ANAHE~M CIT !„ANNING CO~A~AISSION
A7TEST: ~
~~"~N~N~ ISSION
gECFi RY NAH IM CIN QI.J~
STATE OF CAL~FORNIA j
~OUN7Y OF ORANG~' ) g~.
LI7Y OF ANAI-IEIM )
I, Margarita S~lorio, Secretary of tha Anaheim City Pl~nning Commission, do hereby cert~fy
that the foregoing resolut(on was passed and adopted at a rnocating of the Anahefm City Planning
Commissian hold on aeptember 18, 1995, by the following vate of the members thereaf:
AYES: COMMISSIONERS: BOS'NVICK, BRIST'OL, HENNINGE:R~ MAYER, MESSE, PERAZA
NOES: COMM{S~IONERS:
ABSENT: COMMISSIONEFiS: BOYnSTUN
IN WITNESS V4'HEFiEOF, f have hQreui~to sst my h~nd this f~~, day of /L ~
1 ~95. •
SECR AR , A HE~ CITY P NNING COMMISSION
„~. PC95-114