Resolution-PC 2014-111RESOLUTION NO. PC2014 -111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00110
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00071)
(3125 EAST ORANGETHORPE AVENUE)
WHEREAS, 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 determinations 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 the Department of Alcoholic Beverage Control ( "ABC "); and
WHEREAS, 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; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified petition request that the Planning
Commission determine that the public convenience or necessity will be served by the issuance by
the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 20 (Off -Sale Beer
and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014 - 00110 ") to
permit the sale of alcoholic beverages for off - premises consumption within a service station
convenience market in conjunction with a request for Conditional Use Permit No. 2014 -05746
and Variance No. 2014 -04978 (herein referred to as the "Proposed Project ") for certain real
property located at 3125 E. Orangethorpe Avenue 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 0.54 acres, is developed with a
service station with automotive repair. The Property is located in the "C -G" Commercial
General Zone. The Anaheim General Plan designates this Property for Low Density Residential
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 15, 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 said proposed Public
Convenience or Necessity No. 2014- 00110, and to investigate and make findings and
recommendations in connection therewith; and
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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 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 Public Convenience or Necessity No. 2014 - 00110,
does find and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under subsection .040 of Section 18.08.030 of the Code.
2. That California state law requires a determination of "Public Convenience or
Necessity" when property is located in a police reporting district with a crime rate above the City
average and has an over - concentration of licenses; and that 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 issuance of a license.
3. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; and
when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal
Code under Conditional Use Permit No. 2014 - 05737, 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.
4. That the Property is located in Reporting District 1231, which has a crime rate
which is below the City average. The Property is also located in Census Tract 117.22, which
permits one off -sale license. Currently, there are three off -sale licenses existing within Census
Tract 117.22.
5. That there are no schools adjacent to the subject Property. The subject Property
abuts two residential properties to the north and east. Access to the subject Property is gained
from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from
nearby local streets so that any visitors to the site would not be comingled with the residential
neighborhood. The subject Property is physically and visually separated from the residential
properties by a six -foot high wall /fence.
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6. That there are three other off -sale licenses within this Census Tract. The request
to sell beer and wine is to provide a convenience to customers of the service station and proposed
convenience store. The conditions of approval will ensure that approval of the proposal will not
adversely affect any adjoining land use or the growth and development of the surrounding area.
7. That the 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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 alcoholic beverages for off - premises consumption within a service station
convenience market at this location and, accordingly, hereby approves Public Convenience or
Necessity No. No. 2014- 00110, contingent upon and 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 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 15, 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.
i
Hh *JRMAN, PLX1 G COMMISSION
F T E CITY OF EIM
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 December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DES' NO. 2014 -00071
o Source: Recorded Tract Maps and/or City GI S.
Feet Please note the accuracy is +1- two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110
(DEV2014- 00071)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
ON -GOING DURING PROJECT OPERATIONS
1
Managers /Owners shall call the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
number is 714 -558 -4101.
2
No display of alcoholic beverages shall be located outside of a building
Police Department
or within five (5) feet of any public entrance to the building.
3
There shall be no exterior advertising or sign of any kind or type,
Police Department
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
4
The area of alcoholic beverage displays shall not exceed 25% of the total
Police Department
display area in a building.
5
Sale of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
6
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
7
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
8
There shall be no amusement machines, video game devices, or pool
Police Department
tables maintained upon the premises at any time.
9
Loitering is prohibited on or around these premises or this area under the
Police Department
control of the licensee(s).
10
The parking lot of the premises shall be equipped with lighting of
Police Department
sufficient power to illuminate and make easily discernible the appearance
and 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
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any neighboring residences.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
11
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
12
Conditions of approval related to each of the timing milestones above
Planning Department,
shall be prominently displayed on plans submitted for permits. For
Planning Services
example, conditions of approval that are required to be complied with
Division
prior to the 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.
13
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
Division
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.
14
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
Division
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.
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