Resolution-PC 2017-018RESOLUTION NO. PC2017-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00134 TO PERMIT A TYPE 21 (OFF SALE GENERAL)
ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00121)
(2034 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition for Public Convenience or Necessity
No. 2016-00134 to upgrade an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage
Control (ABC) license to a "Type 21" Off -Sale General ABC license to permit the sale of beer,
wine and distilled spirits for off-site consumption within a convenience market (Family Beer
Wine Water Market) for certain real property located at 2034 West Lincoln 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, Public Convenience or Necessity No. 2016-00134 is proposed in
conjunction with a request for Conditional Use Permit No. 2016-05897, now pending, which
together with the Project, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 0.88 acres, is developed with a
11,200 square foot commercial center, including the 1,200 square foot market. The Anaheim
General Plan designates the Property for Corridor Residential land uses. The Property is located
within the "C -G" General Commercial Zone. As such, the Property is subject to the zoning and
development standards described in Chapter 18.08 (Commercial Zones) 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 January 23, 2017 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 the Proposed Project and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
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WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined, as the "lead
agency" under the California Environmental Quality Act (Public Resources Code Section 21000
et seq.; herein referred to as "CEQA"), that the Proposed Project is within that class of projects
(i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of this determination, and that, therefore, pursuant to
Section 15301 of the CEQA Guidelines, 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 a Determination of Public Convenience or Necessity
No. 2016-00134, 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 23958.4, "undue
concentration" means the case in which the Property is located in an area where any of the
following conditions exist:
(a) The Property is located in a crime reporting district that has a 20
percent greater number of reported crimes than the average number of
"reported crimes" (as defined in Section 23958.4), 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
Property is located exceeds the ratio of on -sale retail licenses to
population in the county in which the applicant premises are located.
(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
Property is located exceeds the ratio of off -sale retail licenses to
population in the county.
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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 No. 871.03 with a population of 8,470
that allows for five off -sale ABC licenses. There are presently nine (9) off -sale ABC licenses in
the tract. The Property is located in Police Reporting District No. 1720, which has a crime rate
that is 145 percent above the City-wide average. The Police Department evaluates these requests
based on the crime rate within a one-quarter mile radius of the Property for the subject site. The
crime rate within '/ mile of this Property is 104 percent above the City-wide average based upon
calls for service. Since there is an overconcentration of off -sale licenses in the census tract and
the crime rate is above the city-wide average, a determination of "public convenience or
necessity" is required.
6. The request to permit alcoholic beverage sales for off -premises consumption in
conjunction with a convenience market would not adversely affect the surrounding land uses and
the growth and development of the area in which it is proposed to be located because the
Property is currently developed with convenience market that sells beer and wine and the
proposed use of the Premises at the Property is compatible with the existing uses in the
surrounding area; and
7. 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Public Convenience or Necessity No. 2016-00134, contingent upon and subject to (i)
approval of Conditional Use Permit No. 2016-05897, now pending, and (ii) the conditions of
approval set forth 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 Pen -nit
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.
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
January 23, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
f
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 January 23, 2017, by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00121
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EXHIBIT "B"
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134
(DEV2016-00121)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGE SALES
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 service employees. The number
is 714-558-4101.
2
The activities occurring in conjunction with the operation of the
Police Department
convenience market shall not cause noise disturbances to surrounding
properties.
3
The petitioner shall be responsible for maintaining free of litter the area
Police Department
adjacent to the premises over which they have control, as depicted.
4
The door(s) shall be kept closed at all times during the operation of the
Police Department
business premises except in cases of emergency. Said door(s) shall not
consist of a screen or ventilated security door.
5
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons about the business premises.
6
There shall be no exterior advertising or sign of any kind or type
Police Department
associated with the premises in which the convenience market will
operate, including advertising directed to the exterior from within,
promoting or indicating the availability of beer, wine, and/or distilled
spirits. Interior displays within the liquor store of beer, wine, and/or
distilled spirits or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
7
Security measures for the convenience market shall be provided to the
Police Department
satisfaction of the Anaheim Police Department to deter unlawful
conduct of employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent
disturbances to the neighborhood by excessive noise created by patrons
entering or leaving the premises. Any security officers 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.
8
No display of beer, wine, and/or distilled spirits shall be located outside
Police Department
of that portion of the building in which the convenience market is
located or within five (5) feet of any public entrance to said building.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
9
Sale of beer, wine, and/or distilled spirits from the convenience market
Police Department
shall be made to customers only when the customers are inside the
building.
10
The number of persons occupying the premises shall not exceed the
Police Department
maximum occupancy load as determined by the Anaheim Fire
Department. Signs indicating the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit from the
room. (Section 25.114(a) Uniform Fire Code).
11
The possession of beer, wine, and/or distilled spirits in open containers
Police Department
and the consumption of beer, wine, and/or distilled spirits are
prohibited on or around the Property.
12
No required parking area shall be fenced -off or otherwise enclosed for
Planning and Building
outdoor storage uses.
Department,
Code Enforcement
Division
13
Loitering is prohibited on or around the premises of the Property
Police Department
operated as a convenience under the control of the 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.
14
The convenience market shall be operated in accordance with the
Planning and Building
Statement of Operations submitted as part of this application. Any
Department,
changes to the business operation as described in that document shall
Planning Services
be subject to review and approval by the Planning Director to
Division
determine substantial conformance with the Letter of Request and to
ensure compatibility with the surrounding uses.
15
Windows of the convenience market shall not be covered by
Police Department
advertising to the extent that the interior is not clearly visible from
the outside to enable officers responding to potential emergency
situations to observe any activity which may be occurring inside. At
no time shall window signs exceed 20% of the window area in
compliance with the Zoning Code.
16
Adequate lighting of parking lots, driveway, circulation areas, aisles,
Police Department
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 person on or
about the premises during the hours of darkness and provide a safe,
secure environment for all persons, property, and vehicles on-site.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17
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.
18
The applicant shall be responsible for maintaining the area adjacent to
Planning and Building
the premises over which they have control, in an orderly fashion
Department,
through the provision of regular maintenance and removal of trash or
debris. Any graffiti painted or marked upon the premises or on any
Code Enforcement
adjacent area under the control of the licensee shall be removed or
Division
painted over within 24 hours of being applied.
GENERAL CONDITIONS
19
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
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
planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
20
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
planning Services
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
Division
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.
21
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
planning Services
conditioned herein.
Division
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