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Resolution-PC 2013-075RESOLUTION NO. PC2013 -075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05683 AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013 -00100 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2013- 00078) (402 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition for a determination of Public Convenience or Necessity No. 2013 -00100 in conjunction with an application for Conditional Use Permit No. 2013 -05683 to permit beer and wine sales with a Type 20 (Off -Sale Beer and Wine) license issued by the Department of Alcoholic Beverage Control (herein referred to as "ABC ") for off - premises consumption in conjunction with a proposed convenience market and smoke shop pursuant to Section No. 18.08.030 of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 402 North State College Boulevard, in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property "); and WHEREAS, the Property is approximately 0.5 -acre in size and is developed with a 19,529 square foot multi -unit commercial building located in the C -G (General Commercial) Zone. The Anaheim General Plan designates the Property for Office Low land uses; and WHEREAS, on October 21, 2013, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 -05683 and Public Convenience or Necessity No. 2013 - 00100, 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 - 1 - PC2013 -075 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 pertaining to the request for a determination of Public Convenience or Necessity No. 2013- 00100, does find and determine the following facts: 1. On July 11, 1995, the City Council of the City of Anaheim 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 California Business and Professions Code, and prior to the issuance of a license by ABC. 2. Section 23958 of the California 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. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 20% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on -sale retail licenses to population in the county. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of off -sale retail licenses to population in the county. 3. Notwithstanding the existence of the above - referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations, and, when the sale of alcoholic beverages for off - premises consumption is permitted by the 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. -2- PC2013 -075 5. The Property is located within Census Tract No. 864.02 with a population of 5,651 that allows for three (3) off -sale ABC licenses and six (6) on -sale licenses. - There are presently seven (7) off -sale licenses and one (1) on -sale license in the census tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one - quarter mile radius for the subject site. The subject site is in Reporting District 1528 which has an 11 percent above average crime rate and a crime rate of 168 percent above the average within a one - quarter mile radius. 6. A 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 and further 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 products sold at the convenience store and would serve as an added convenience to those who choose to shop at this establishment. 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 pertaining to the request for Conditional Use Permit No. 2013 - 05683, does find and determine the following facts: 1. The request to permit a Type 20 ABC (Off -Sale Beer and Wine) license in conjunction with a convenience market and smoke shop is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales — Off Sale) of the Code. 2. The convenience market and smoke shop with off - premises consumption of beer and wine will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the proposed convenience market and smoke shop is compatible with other commercial land uses within the area. 3. The size and shape of the site for the convenience market and smoke shop with sales of beer and wine for off - premises consumption is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety. 4. The traffic generated by the existing convenience market and smoke shop with the sales of beer and wine for off - premises consumption will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the General Commercial zone. -3- PC2013 -075 5. The granting of Conditional Use Permit No. 2013 -05683 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05683 and determines 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 the Property, 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, (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 Conditional Use Permit No. 2013 -05683 and Public Convenience or Necessity No. 2013 -00100 are 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 Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05683 and Public Convenience or Necessity No. 2013 -00100 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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 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 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 fifteen (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. -4- PC2013 -075 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 21, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. V"0tA, i CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: 1 rr SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 October 21, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of October, 2013. I IV SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -075 EXHIBIT "A" DEV NO. 2013-00078 APN: 083 - 402 -21 E NORTH REDWOOD DR 5� 5� MORE CA O E O a W N O LA Q z m E REDWOOD AVE LU J U) E SOUTH REDWOOD DR w 160' o J �0 W z O U 160' O � W Q Q ~ H W Z E BANGOR WAY Q z J E BLANCHARD AVE 0 U z N F- V z ©o so ioo Source: Recorded Tract Maps and /or City GIS. ry Please note the accuracy is +/- two to five feet. -6- PC2013 -075 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05683 (DEV2013- 00078) 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 or wine shall be located outside of the building or within Police five feet of any public entrance to said building. Department 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 Department availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4 The area of beer and wine displays shall not exceed 25% of the total display Police area in the building occupying the Property. Department 5 Sale of beer and wine shall be made to customers only when the customers are Police inside the building at the Property. Department 6 The possession of beer and wine in open containers and the consumption of Police beer, wine, and /or distilled spirits are prohibited on or around the Property. Department 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 Department 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, Department unless all required permits are first obtained from the City. 9 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any Planning person on or about the premises during the hours of darkness and provide a Department 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 L-1 exiting the building. -7- PC2013 -075 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 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 Planning proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition Department 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 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 Department 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. 16 Prior to issuance of a building permits all requests for new water services or fire Public lines, as well as any modification, relocations, or abandonments of existing Utilities water services and fire lines, shall be coordinated through Water Engineering Department Division of the Anaheim Public Utilities Department Water Planning 17 The property shall be developed substantially in accordance with plans and Planning specifications submitted to and reviewed by the City of Anaheim and which Department plans are on file with the Planning Department and as conditioned herein. -8- PC2013 -075