Resolution-PC 2013-039RESOLUTION NO. PC2013 -039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY
NO. 2013-00096 TO PERMIT A TYPE 21 ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00031)
(1120 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning
Commission ") did receive a verified petition for Public Convenience or Necessity No. 2013-
00096 to permit a Type 21 (Off -Sale General) ABC license in conjunction with an existing
grocery store, for that certain real property located at 1120 South Anaheim Boulevard in the City
of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached
hereto and incorporated herein by this reference (the 'Property'); and
WHEREAS, the Property, consisting of approximately 2.3 acres, is developed with a
28,000 square foot grocery store 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 June 17, 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. 2013 - 00096, 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
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
No. 2013 - 00096, does find and determine the following facts:
I. 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).
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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 874.05 with a population that allows
for three off -sale ABC licenses; there are presently seven off -sale licenses in the tract. In
addition, six on -sale licenses are allowed and two presently exist in the tract. The property is
located in Police Reporting District No. 1825 which has a crime rate that is 255% 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 /4 mile of this
property is 153% above the citywide average based upon calls for service. Since there is an
overconcentration in the number of off -sale 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, 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.
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. 2013- 00096, 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.
2- PC2013 -039
BE IT FURTHER RESOLVED, that Public Convenience or Necessity No. 2013 -00096 is
approved contingent upon and subject to approval by the City Council of a proposed ordinance
approving Zoning Code Amendment No. 2013 -00108 to permit alcoholic beverage sales for off -
premises consumption in markets or grocery stores with a minimum floor area of 10,000 square
feet in the South Anaheim Boulevard Overlay (SABC) zone and a corresponding amendment to
Chapter 18.24.030.020.0202 of the Code.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 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.
CHAIR, ANAHEIM CITY PbkVNING COMMISSION
ATTEST:
SENIOR
ARY, ANAHEIM CITY PLANNING 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 June 17, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17' day of June, 2013.
SENIOR SURETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00031
APN: 234- 161 -25
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5- PC2013 -039
EXHIBIT `B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00096
(DEV2013- 00031)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
I
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 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
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.
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10
The property shall be permanently maintained in an orderly fashion through
Code
the provision of regular landscaping maintenance, removal of trash or debris.
Enforcement
11
No required parking area shall be fenced or otherwise enclosed for outdoor
Code
storage.
Enforcement
12
No outside storage of equipment/furniture shall be permitted.
Code
Enforcement
13
All activities related to the use shall occur indoors, except as may be permitted
Code
by an authorized Special Event Permit.
Enforcement
14
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.
15
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.
16
The applicant is responsible for paying all charges related to the processing of
Planning
this discretionary case application within 30 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 may result in the revocation of the approval of this
application.
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