Resolution-PC 2017-036RESOLUTION NO. PC2017-036
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE
OR NECESSITY NO. 2016-00133 TO PERMIT A TYPE 21 (OFF SALE
GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00127)
(2940 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. 2016-00133 to upgrade an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage
Control (ABC) license to a "Type 21" Off -Sale General license to permit the sales of alcoholic
beverages for off-site consumption within an existing convenience market for certain real
property located at 2940 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. 2016-00133 is proposed in
conjunction with a request for Conditional Use Permit No. 2016-05899 to upgrade an existing
"Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21"
Off -Sale General and Determination of Public Convenience or Necessity to permit the sales of
alcoholic beverages for off-site consumption within an existing convenience market (Circle K).
Public Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with
commercial retail center, including the subject 1,162 square foot convenience 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, 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
WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated 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
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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 Public Convenience or Necessity No. 2016-00133,
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.
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. 869.03 with a population of 6,861
that allows for four off -sale ABC licenses. There are presently four off -sale ABC licenses in the
tract. The Property is located in Police Reporting District No. 1716, which has a crime rate that
is 361% above the City-wide average. The Police Department evaluates these requests based on
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the crime rate within a one-quarter mile radius of the Property for the subject site. The crime
rate within '/4 mile radius of this Property is 166% above the City-wide average based upon calls
for service. Since there is a crime above the city average, a determination of "public convenience
or necessity" is required by ABC when the license is issued and has been requested by the
applicant for this request.
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 beeer 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Public Convenience or Necessity No. 2016-00133, contingent upon and subject to (i)
approval of Conditional Use Permit No. 2016-05899 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 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
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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 April 3, 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:
(/ r
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 April 3, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this 3'd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00127
APN: 126-611-18
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2016-00133
(DEV2016-00127)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The area of alcoholic beverage displays shall not exceed 25%
Police Department
of the total display area in a building.
2
There shall be no exterior advertising or sign of any kind or
Police Department
type, 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.
3
No display of alcoholic beverages shall be located outside of
Police Department
a building or within five (5) feet of any public entrance to
the building.
4
Sale of alcoholic beverages shall be made to customers only
Police Department
when the customer is in the building.
5
The possession of alcoholic beverages in open containers and
Police Department
the consumption of alcoholic beverages are prohibited on or
around these premises.
6
Any Graffiti painted or marked upon the premises or on any
Police Department
adjacent area under the control of the licensee shall be
removed or painted over within 24 hours of being applied.
7
The petitioner(s) shall be responsible for maintaining free of
Police Department
litter the area adjacent to the premises over which they have
control, as depicted.
8
Managers/Owners need to call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training for themselves and
register employees. The contact number is 714-558-4101.
9
The parking lot of the premises shall be equipped with
Police Department
lighting of 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 any
neighboring businesses.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The Petitioner(s) shall post and maintain a professional quality
Police Department
sign facing the premises parking lot(s) that reads as follows:
NO LOITERING,NO LITTERING
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.
11
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
planning Services
shall 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.
GENERAL CONDITIONS
12
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
13
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from
Planning Services
any and all claims, actions or proceedings brought against
Division
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.
14
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning
Planning Services
Department and as conditioned herein.
Division
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