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Resolution-PC 2010-082RESOLUTION NO. PC2010 -082 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00069 FOR A TYPE 20, BEER AND WINE ALCOHOLIC BEVERAGE CON 'f ROL LICENSE (DEV2010- 00101) (3901 EAST RIVERDALE AVENUE) WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter the "Department ") is charged with the responsibility of reviewing applications and issuance of licenses (hereinafter "license or licenses ") for the sale and/or manufacture of alcoholic beverages in the State of California; and WHEREAS, Section 23958 of the Business and Professions Code provides that the Department 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 as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the Department shall issue a license if the applicant shows that "public convenience or necessity" would be served by the issuance of such license; and WHEREAS, said Section 23958.4 further provides that the determination of "public convenience or necessity" shall be made by the Department with regard to certain applications, and shall be made by the local governing body of the area in which the applicant premises are located with regard to certain other applications; and 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, 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. 2010 -05511 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. 1 PC2010 -082 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 2010, at 5:00 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 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 an adjacent commercial use and adequate distance separation from residential properties. 2. That California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off -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 determinations; 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 the subject property is located in Census Tract 762.02 with a population that allows for four off -sale and six on -sale Alcoholic Beverage Control licenses in the tract. Currently, there are six off -sale and five on -sale licenses in the tract, The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a 1/4 mile radius for the subject site. This site has a 1/4 mile radius crime rate of 30% percent below the average. 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 _ PC2010 -082 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. 2010 -00069 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 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 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 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. THE FOREGOING RESOLUTION wa 5cI meeting of September 13, 20I0. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION s s ed at the PIanning Commission ,Gr CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -082 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 13, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSTAINED: COMMISSIONERS: KARAKI ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of September 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -082 1 AP N: 360-261-03 Feet (P sn zoo EXHIBIT "A" DEV2010 -00101 5 E RIVERDALE AVE Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +1- two to five feet. 11012 PC2010 -082 NO. GENERAL 7 4 5 6 7 8 EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00069 (DEV2010- 00101) CONDITIONS OF APPROVAL 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. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3 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.I6.070 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. 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. 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. REVIEW BY Police Department Police Department Police Department Police Department Police Department Police Department Police Department Planning SIGNED OFF BY 6 PC2010 -082