Resolution-PC 2014-057RESOLUTION NO. PC2014 -057
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY
NO. 2014 -00105 TO PERMIT A TYPE 21 ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00034)
(121 NORTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified petition for a determination of Public
Convenience or Necessity No. 2014 -00105 to permit the sale of beer, wine and distilled spirits
with a Type 21 (Off -Sale General) ABC license issued by the Department of Alcoholic Beverage
Control (herein referred to as "ABC ") for off - premises consumption in conjunction with an
existing grocery Wal -Mart retail store (herein referred to as the "Proposed Project "), for that
certain real property located at 121 North Beach Boulevard in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 8.5 acres, is developed with a
retail commercial center including a 56,000 square foot Wal -Mart retail store. The Anaheim
General Plan designates the Property for Regional Commercial land uses. The Property is
located within the General Commercial (C -G) Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) of
the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 14, 2014 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Public
Convenience or Necessity No. 2014 - 00105, 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 (i.e.,
Class 1 — Existing Facilities) 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 (Class 1 — Existing Facilities) 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 Determination of Public Convenience or Necessity
No. 2014 - 00105, does find and determine the following facts:
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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. 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 Determinations of "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.
5. The Property is located within Census Tract 1104.02 with a population of 5,549
that allows for five (5) off -sale ABC licenses. There are presently five (5) off -sale licenses in the
tract. In addition, six on -sale licenses are allowed and ten presently exist within the census tract.
The Property is located in Police Reporting District No. 1615, which has a crime rate that is
246% above the City -wide average; however, the Police Department evaluates these requests
based on the crime rate within a one - quarter mile radius of the premises for the subject site. The
crime rate within 1 /4 mile of this Property is 185% above the City -wide average based upon calls
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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 City -wide average, a determination of "public
convenience or necessity" is required to be made 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 beer, wine and
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 beer, wine and 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. 2014 - 00105, 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 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 14, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
IM� ?9�
CHAIRMAN, PLANNI OMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 14, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of July, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV2014 -00034
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00105
(DEV2014- 00034)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
No display of beer, wine, and /or distilled spirits shall be located outside of
Police Department
the building or within five (5) feet of any public entrance to said 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
Police Department
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.
3
The area of beer, wine, and /or distilled spirit displays shall not exceed 25%
Police Department
of the total display area in the building occupying the Property.
4
Sale of beer, wine, and /or distilled spirits shall be made to customers only
Police Department
when the customers are inside the building.
5
The possession of beer, wine, and /or distilled spirits in open containers and
the consumption of beer, wine, and /or distilled spirits are prohibited on or
Police Department
around the Property.
6
Loitering is prohibited on or around the premises under the control of the
Police Department
business owner. The business owner shall police the area under their
control in an effort to prevent the loitering of persons around the exterior of
the building located on the Property.
7
There shall be no amusement machines, video game devices, or pool tables
Police Department
maintained at, in or upon the building located on the Property at any time,
unless all required permits are first obtained from the City.
8
The parking lot of the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and
Police Department
conduct of all persons on or about the parking lot. Additionally, the
position of such lighting shall not disturb the normal privacy and use of any
neighboring residences.
9
Any graffiti painted or marked upon the premises or on any adjacent area
Planning Department,
under the control of the property owner shall be removed or painted over
Code Enforcement
within 24 hours of being applied.
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10
The property shall be permanently maintained in an orderly fashion through
Planning Department,
the provision of regular landscaping maintenance and removal of trash or
Code Enforcement
debris.
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11
All activities related to the use shall occur indoors, except as may be
Planning Department,
permitted by an authorized Special Event Permit.
Code Enforcement
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PRIOR TO THE SALES OF ALCOHOLIC BEVERAGES
12
Store Managers and cash register employees shall obtain LEAD (Licensee
Police Department
Education on Alcohol and Drugs Program) Training from the Department
of Alcoholic Beverage Control. The contact number is 714 -558 -4101.
13
The Petitioner(s) shall post and maintain a professional quality sign facing
the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
Police Department
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering. The
sign shall be in English and Spanish.
GENERAL CONDITIONS
14
Conditions of approval related to each of the timing milestones above shall
Planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
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issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life safety
plans, etc.
15
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,
Planning Department,
set aside, void, or annul the decision of the Indemnitees concerning this
Planning Services
permit or any of the proceedings, acts or determinations taken, done, or
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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.
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16
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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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.
17
The property shall be developed substantially in accordance with plans and
Planning Department,
specifications submitted to and reviewed by the City of Anaheim and which
Planning Services
plans are on file with the Planning Department and as conditioned herein.
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