Resolution-PC 2009-106RESOLUTION NO. PC2009-106
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
Is THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND DEIERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00063
FOR A TYPE 20, BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2009-00010)
(2791 EAST LINCOLN AVENUE)
WHEREAS, on July 11, 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 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 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 the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit retail sales and on-
premises consumption of alcoholic beverages in conjunction with an application for Conditional
Use Permit No. 2009-05448 to permit the sales of beer and wine for off-site consumption in
conjunction with a service station convenience market for 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 October 26, 2009, at 3:30 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, to hear and consider evidence for and against said proposed
determination of public convenience or necessity for an alcoholic beverage control license and 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 following facts:
1. That the C-G (General Commercial) zone permits the sales of beer and wine for
off-site consumption in conjunction with a service station convenience market, pursuant to
Sections 18.08.030 (Primary Uses. Commercial Zones), 18.38.070 (Automobile Service
Stations) and 18.38,110 (Convenience Stores) of the Anaheim Municipal Code subject to the
approval of a conditional use permit. The proposed sales of beer and wine for off-site
1 PC2009-106
consumption will not adversely affect the adjoining land uses or the growth and development of
the area in which it is proposed to be located because it is accessory to an existing service station
convenience market and has commercial uses surrounding the property.
2. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a census tract with more on-sale alcohol licenses than
allowed; and that 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 deterrnhations; and
said recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of beer and wine does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
4. That subject property is located in Reporting District 1629, which has a crime rate
of 77 percent above the City average and is also located in Census Tract 864.02 which permits 3
off-sale Alcoholic Beverage Control licenses and there are presently 3 licenses in the tract, and
permits 5 on-premises sales and consumption license and currently there is 1 license existing.
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 sales of beer and wine for off-premises consumption will be in
conjunction with an existing service station convenience market. The sales of beer and sales will
provide a convenience to service station patrons using the convenience market. Therefore, the
requested off-sale license will not be detrimental to the area provided that restrictions on the
sales of beer and wine are included in the approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 approve the Determination of Public Convenience or Necessity No.
2009-00063 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 general welfare of
the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim 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
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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 Planning Commission does
hereby find and d eterrnine 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 final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
meeting of October 26, 2009.
ATTEST;
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
THE FOREGOING F ES LUT N was adopted at the Planning Commission
CHAIltMAN, A
SENIOR'°SE ANAHEIM Y PLANNING COMMISSION
EIM CITY PL2M1VN� COMMISSION
1, 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 October 26, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, T, BUFFA, I AMII E ROMERO
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: S: I AEI
ABSENT: COMMISSIONERS: S: A+GAI WAL, FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of October 2009.
SENIOR C ETAF Y, ANAHEIM CITY PLANNING COMMISSION
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CONDITIONAL USE PERMIT NO. 2099-05448 AND
REQUEST FOR tETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY Ns 20994)0063
EXIT IT "A"
APN: 268-142-03
E HEMPSTEAD ST
Source: Recorded Tract Maps and/or City GS.
Please note the accuracy is 4-1.- two to five feet.
10852
PC2009-106
NO. CONDITIONS OF APPROVAL
GENERAL
1 There shall be no exterior advertising or sign of any kind
or type, including advertising!, directed to the exterior from
within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic
beverages or signs which are clearly visible to the exterior
shall constitute a violation of this condition.
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4
5
6
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00063
(DEV2009-00010)
No display of alcoholic beverages shall be located outside
of a building or within five (5) feet of any public entrance
to the building.
Any and all security officers provided shall comply with
all State and Local ordinances regulating their services,
including, without limitation. Chapter 11.5 of Division 3
of the California Business and Profession Code. (Section
4.16.070 Anaheim Municipal Code)
The area of alcoholic beverage displays shall not exceed
25% of the total display area in a building.
Sale of alcoholic beverages shall be made to customers
only when the customer is in the building.
The possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are prohibited
on or around these premises.
There shall be no public telephones on the property that
are located outside the building and within the control of
the applicant.
The gross sales of alcoholic beverages shall not exceed 35
percent of all retail sales during any three (3) month
period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of
alcoholic beverages and other items. These records shall
be made available for inspection by any City of Anaheim
official when requested.
RESPONSIBLE
FOR
MONITORING
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
PC2009-106
9
Any graffiti painted or marked 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
discovered.
10 The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan) and 2 Floor
Plans) and as conditioned herein.
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Code
Enforcement
Department
Planning
PC2009-106