Resolution-PC 2010-096RESOLUTION NO. PC2010 -096
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND APPROVING
A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00066
( 1720 WEST LA PALMA 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
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 a Type 20
Alcoholic Beverage Control license to permit the sales of beer and wine for off - premises
consumption in conjunction with an existing drug store on 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 September 27, 2010, notice of said public hearing having been
duly given as required by Resolution 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 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 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 PC2010 -096
1. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district that has a crime rate above the average
and has an over- concentration of licenses; 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 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 make recommendations related to the public convenience or necessity determinations; and
when the sale of alcoholic beverages for off - premises consumption is permitted by the Municipal
Code, 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 alcoholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
3. That subject property is located within Census Tract No. 867.02 with a population
that allows for four off sale ABC licenses and there are presently three licenses in the tract; and,
seven on -sale licenses and there are presently six 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 215% percent above
the average.
4. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the sale of alcoholic
beverages is ancillary to the overall product mix provided by the full service drug store, the store
area dedicated to alcohol sales represents 2% of the sales floor area.
5. That the traffic generated by the continued use of the property as a drug store with
off - premises alcoholic beverage sales will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area and;
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 alcoholic beverages is ancillary to the drug store and would serve as an
added convenience to those who choose to shop at this establishment. The Police Department
indicates that the business owner has strict policies and provides training for its employees
regarding the sale of alcoholic beverages; therefore the Police Department does not feel that the
granting of the license will be detrimental to the surrounding neighborhood, subject to the
conditions of approval.
WHEREAS, the proposed project falls within the 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.
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NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby determine that the public convenience or necessity will be served by
the issuance of a license for the sale of beer and wine for off - premises consumption at this
location subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are 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 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 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -
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 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 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 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 for this project. 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 was adopted at the Planning Commission
meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Mu cipa1 Code pertaining to appeal procedures and
may be replaced by a City Council Resolutio in tI'e event of an appeal.
A ITEST:
CH • PRO - TEMPORE
ANAHEIM CITY PLANNING COMMISSION
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A
SENIOR SE TARY, ANAHE IM CIT NNING COMMISSION
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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 September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT, FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27` day of September,
2010.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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1 A PN: 272-141-141
50 loo
Feet
EXHIBIT "A"
DEV2010- 00124
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W LA PALMA AVE
241.39'
0
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N f~
tV
241.16'
W FRANCIS DR
Source Recorded Tract Maps andlor City GIS
Please note the accuracy is +l- two to five feet.
11018
5 PC2010-096
PUBLIC CONVENIENCE OR NECESSITY PERMIT NO, 2010 -00066
(DEV2010- 00124)
EXHIBIT `B"
NO. CONDITIONS OF APPROVAL
GENERAL
1 No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
2 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.
3 The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
4 Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
5 The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around these premises.
6 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.
7 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 applied.
8 Petitioner(s) shall police the area under their control in an effort
to prevent the loitering of persons around the premises.
6
SIGNED
REVIEW BY OFF BY
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
PC2010 -096