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Resolution-PC 2013-029RESOLUTION NO. PC2013 -029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2006- 00031A TO UPGRADE AN EXISTING TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE TO A TYPE 21. LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00003) (101 SOUTH EUCLID STREET) WHEREAS, on January 8, 2007, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by its Resolution No. PC2007 -5, did approve Public Convenience or Necessity No. 2006 -00031 to permit the sale of beer and wine for off -site consumption within an existing retail store (herein referred to as the "Original PCN ") on that certain real property located at 101 South Euclid Street in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Planning Commission did receive a verified Petition to amend the Original PCN, pursuant to Section 18.60.190 of the Anaheim Municipal Code, and a Determination of Public Convenience or Necessity No. 2006 -00031A, to upgrade a Type 20 ABC (Off -Sale Beer and Wine) license to a Type 21 (Off -Sale General) license in conjunction with an existing Target retail store; and WHEREAS, the Property, consisting of approximately 10 acres, is developed with a 127,225 square foot retail building. The Property is located in the General Commercial (C -G); Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 25, 2013 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 Chapter 18.60 of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against proposed Public Convenience or Necessity No. 2006- 00031A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA" ), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - I - PC2013 -029 WHEREAS, the Planning 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 with respect to the request for a Determination of Public Convenience or Necessity , does find and determine the following facts: 1. 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). 2. 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. 3. 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. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to Determinations of Public Convenience or Necessity; 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 alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The property is located within Census Tract 871.03 with a population that allows for five off -sale ABC licenses. There are presently seven licenses in the tract. In addition, nine on -sale licenses are allowed and eight presently exist in the tract. The property is located in Police Reporting District No. 1721 which has a crime rate that is 201% above the citywide average; however, the Police Department evaluates these requests based on the crime rate within a one - quarter mile radius for the subject site. The crime rate within 1 /a mile of this property is 204% above the citywide average based upon calls for service. Since there is an overconcentration in the number of ABC licenses within this census tract and the crime rate is above the citywide average, a Determination of Public Convenience or Necessity is required for this request. 6. A Determination of Public Convenience or Necessity can be made based on the finding that the requested license upgrade, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the sales of distilled spirits at this location will be a small percentage of overall sales for this business and an incidental commodity provided by the existing retail use. -2- PC2013 -029 7. The sale of distilled spirits is ancillary to the retail store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the 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, wine and distilled spirits for off- premises consumption at this location and, accordingly, hereby approves Public Convenience or Necessity No. 2006- 00031A, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and 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 Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. Failure to pay all charges shall result in the revocation of the approval of this application. -3- PC2013 -029 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 25, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 1 6yn CHAIR, ANAHEIM CITY P1-2�3ING COMMISSION ATTEST A SENIOR SWRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM 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 March 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK., FAESSEL,PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 25 th day of March, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013-029 EXHIBIT "A" DEV NO. 2013-00003 APN: 128-081-201 V- w z W LINCOLN AVE 631' 0 0 1— f� LU W PAMPAS IN 610' c Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2013 -029 EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00031A (DEV2013- 00003) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 2 No display of beer, wine, and /or distilled spirits shall be located outside of the Police building located on the Property or within five (5) feet of any public entrance to said building. 3 There shall be no exterior advertising or sign of any kind or type, including Police advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and /or distilled spirits. Interior displays of beer, wine, and /or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4 The area of beer, wine, and/or distilled spirit displays shall not exceed 25% of Police the total display area in the building occupying the Property. 5 Sale of beer, wine, and /or distilled spirits shall be made to customers only Police When the customers are inside the building at the Property. 6 The possession of beer, wine, and/or distilled spirits in open containers and the Police consumption of beer, wine, and/or distilled spirits are prohibited on or around the Property. 7 The business owner shall police the area under their control in an effort to Police prevent the loitering of persons around the exterior of the building located on the Property. 8 There shall be no amusement machines, video game devices, or pool tables Police maintained at, in or upon the building located on the Property at any time, unless all required permits are first obtained from the City. 9 The parking lot of the Property shall be equipped with lighting of sufficient Police power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. -6- PC2013 -029 10 Adequate lighting of parking lots, passageways, recesses, and grounds Planning contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 11 The property shall be permanently maintained in an orderly fashion through Code the provision of regular landscaping maintenance, removal of trash or debris. Enforcement 12 No required parking area shall be fenced or otherwise enclosed for outdoor Code storage. Enforcement 13 No outside storage of equipment/furniture shall be permitted. Code Enforcement 14 All activities related to the use shall occur indoors, except as may be permitted Code by an authorized Special Event Permit. Enforcement 15 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 16 The property shall be developed substantially in accordance with plans and Planning specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department and as conditioned herein. -7- PC2013 -029