Resolution-PC 2014-072RESOLUTION NO. PC2014 -072
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY
NO. 2014 -00108 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00066)
(1150 NORTH EAST STREET)
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 -00108 to permit the sale of beer, wine and distilled spirits
with a Type 21 (Off Sale General) license issued by the Department of Alcoholic Beverage
Control (herein referred to as "ABC ") for off - premises consumption in conjunction with an
existing grocery store commonly known as Northgate Market (herein referred to as the
'Proposed Project "), for that certain real property located at 1150 North East Street 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 1.5 acres, is developed with a
retail commercial center including a 14,290 square foot Northgate Market grocery store. The
Anaheim General Plan designates the Property for Neighborhood 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 August 25, 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- 00108, 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
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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 - 00108, 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. 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.
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5. The Property is located within Census Tract 864.04 with a population of 6,546
that allows for three (3) off -sale ABC licenses. There are presently five (5) off -sale ABC licenses
in the tract (one associated with this Property). In addition, seven on -sale licenses are allowed
and one presently exists within the census tract. The Property is located in Police Reporting
District No. 1426, which has a crime rate that is 38% 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 '/ mile of this Property is 97%
above the City -wide 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 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 distilled spirits at
this location will be a small percentage of overall sales for this business and an incidental
commodity provided by the existing grocery store.
7. The sale of beer, wine and distilled spirits is ancillary to the grocery 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 - 00108, 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 25, 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.
AIRMAN, PLAN ,MW COMMISSION
T E CITY OF, N4AEIM
ATTEST:
1
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 August 25, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00066
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!J F 0 Please note the accuracy is +i- two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00108
(DEV2014- 00066)
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
An on -site security guard shall monitor the grocery store and parking lot
Police Department
during all regular business hours. Security guards provided shall comply
with all State and Local ordinances regulating their services, including,
without limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code.
3
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
Police Department to deter unlawful conduct of employees and patrons,
promote the safe movement of persons and vehicles, and to prevent
disturbances to the neighborhood.
4
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.
5
The area of beer, wine, and/or distilled spirit displays shall not exceed 5%
Police Department
of the total display area in the building occupying the Property.
6
Sale of beer, wine, and /or distilled spirits shall be made to customers only
Police Department
when the customers are inside the building.
7
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.
8
Loitering is prohibited on or around the premises under the control of the
Police Department
business owner. Security guards shall routinely 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.
9
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The parking lot of the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct
Police Department
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.
11
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.
Division
12
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.
Division
13
All activities related to the use shall occur indoors, except as may be
Planning Department,
permitted by an authorized Special Event Permit.
Code Enforcement
Division
PRIOR TO THE SALES OFALCOHOLIC BEVERAGES
14
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.
15
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
16
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
Planning Department,
aside, void, or annul the decision of the Indemnitees concerning this permit
Planning Services Division
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17
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 Division
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.
18
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 Division
plans are on file with the Planning Department and as conditioned herein.
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