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Resolution-PC 2014-098RESOLUTION NO. PC2014 -098 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00113 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00105) (401 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 -00113 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 a proposed grocery store commonly known as Northgate Market (herein referred to as the 'Proposed Project "), located at 450 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 1.8 acres, is developed with a retail commercial center, including a 16,615 square foot space formerly used as a grocery store and proposed for continued use as a grocery store by a new operator. The Anaheim General Plan designates the Property for General 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 November 17, 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 - 00113, 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 - 00113, does find and determine the following facts: - 1 - PC2014 -098 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). 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. 5. The Property is located within Census Tract 873 with a population of 10,413 that allows for six (6) off -sale ABC licenses. There are presently five (5) off -sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1526, which has a crime rate that is 113% 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 202% above the City -wide average based upon calls for service. Since the crime rate is above the City -wide average, a determination of "public convenience or necessity" is required to be made for this request. -2- PC2014 -098 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 proposed 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 - 00113, 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. -3 - PC2014 -098 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 17, 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. C: �IRMAN, PLANN gCOMMISSION OF THE CITY OF A N IM 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 November 17, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -098 EXHIBIT "A" DES' NO. 2014 -00105 APN: 035- 224 -20 035 -224 -19 � G�ENW 000 A"I M �R� S1 �S.tGA 7 W� 0 w T Z i L 22 G A ��IE ST E GV ! KV SS S GSS SA �1 o so ioo /1 v Source: Recorded Tract Maps andior City GIS. t•.•JJ Feet Please note the accuracy is +l- two to five feet - 5 - PC2014 -098 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00113 (DEV2014- 00105) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No display of beer, wine, and /or distilled spirits shall be located outside of the Police Department building or within five (5) feet of any public entrance to said building. 2 Security measures shall be provided to the satisfaction of the Anaheim Police Police Department Department to deter unlawful conduct of employees and patrons, promote the safe movement of persons and vehicles, and to prevent disturbances to the neighborhood. 3 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. 4 The area of beer, wine, and /or distilled spirit displays shall not exceed 5% of the Police Department total display area in the building occupying the Property. 5 Sale of beer, wine, and /or distilled spirits shall be made to customers only when the Police Department customers are inside the building. 6 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 around the Police Department Property. 7 Loitering is prohibited on or around the premises under the control of the business Police Department 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. 8 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. 9 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons Police Department on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 10 Any graffiti painted or marked upon the premises or on any adjacent area under the Planning Department, control of the property owner shall be removed or painted over within 24 hours of Code Enforcement being applied. Division -6- PC2014 -098 11 The property shall be permanently maintained in an orderly fashion through the Planning Department, provision of regular landscaping maintenance and removal of trash or debris. Code Enforcement Division 12 All activities related to the use shall occur indoors, except as may be permitted by Planning Department, an authorized Special Event Permit. Code Enforcement Division PRIOR TO THE SALES OFALCOHOLIC BEVERAGES 13 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. 14 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 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, set aside, void, or Planning Department, annul the decision of the Indemnitees concerning this permit or any of the Planning Services proceedings, acts or determinations taken, done, or made prior to the decision, or Division 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 applicant is responsible for paying all charges related to the processing of this Planning Department, discretionary case application within 30 days of the issuance of the final invoice or Planning Services prior to the issuance of building permits for this project, whichever occurs first. Division 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 plans Planning Services are on file with the Planning Department and as conditioned herein. Division -7- PC2014 -098