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Resolution-PC 2019-015RESOLUTION NO. PC2019-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00143 TO PERMIT A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00013) (902 EAST KATELLA 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. 2018-00143 for a new "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for off-site consumption within a proposed convenience store ("Project') for certain real property located at 902 East Katella 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. 2018-00143 is proposed in conjunction with a request for Zoning Code Amendment No. 2018-00156 and Conditional Use Permit No. 2018-05956, now pending, which together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 0.46 acre, is vacant and being used for outdoor storage. The Anaheim General Plan designates the Property for "MU" Mixed Use land uses. The Property is located within the underlying "I" Industrial Zone, implementing the "PTMU" Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) 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 February 20, 2019 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 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 3 — New Construction or Conversion of Small Structures) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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 - 1 - PC2019-015 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. 2018-00143, 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. - 2 - PC2019-015 5. The Property is located within Census Tract No. 863.03 with a population of 6,212 that allows for three off -sale ABC licenses. There are presently five off -sale ABC licenses in the tract. The Property is located in Police Reporting District No. 2127, which has a crime rate that is below 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 seven 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 for this ABC license request. 6. The request to permit beer and wine sales for off -premises consumption in conjunction with a convenience store 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 Proposed Project is compatible with the nearby mixed-use residential developments and is intended to serve the area residents; 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. 2018-00143, contingent upon and subject to (i) approval of Conditional Use Permit No. 2018-05956, 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. -3 - PC2019-015 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. 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 February 20, 2019. 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 IRPERSON PRO TEM RE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-015 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 February 20, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 20t" day of February, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-015 EXHIBIT "A" DEV NO. 2018-00013 © oo " ",oSource: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2019-015 EXHIBIT "B" DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00143 (DEV2018-00013) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS I 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. 2 The area of alcoholic beverage displays shall not exceed 25% of the police Department total display area in a building. 3 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. 4 The possession of alcoholic beverages in open containers and the police Department consumption of alcoholic beverages are prohibited on or around these premises. 5 Any graffiti painted or marked upon the premises or on any adjacent police Department area under the control of the licensee shall be removed or painted over within 24 hours. 6 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 7 There shall be no pay to play amusement machines or video game Police Department devices maintained upon the remises at any time. 8 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the remises over which they have control, as depicted. 9 Managers / Owners shall call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 714-558-4101. 10 The Petitioner(s) shall post and maintain a professional quality sign police Department 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. - 7 - PC2019-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 Alcohol shall not be sold between the hours of 2:00 a.m. — 6:00 a.m. Police Department each day of the week. The applicant shall secure the doors to the refrigerated section the alcohol is displayed and sold from during those hours. 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 the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division 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 and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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 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 - 8 - PC2019-015