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Resolution-PC 2019-020RESOLUTION NO. PC2019-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 TO PERMIT A TYPE 42 (ON SALE BEER AND WINE — PUBLIC PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00015) (2120 EAST HOWELL AVENUE, UNIT 410) 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. 2019-00145 for a new "Type 42" On -Sale Beer and Wine — Public Premises Alcoholic Beverage Control (ABC) license to permit a bar with sales of beer and wine for on and off -premises consumption within an existing industrial building ("Project") for certain real property located at 2120 East Howell Avenue, Unit 410, 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. 2019-00145 is proposed in conjunction with a request for Conditional Use Permit No. 2019-06005, now pending, which together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an industrial business center. The Anaheim General Plan designates the Property for "O -H" Office High land uses. The Property is located within the underlying "I" Industrial Zone, and the "PTMU" Platinum Triangle Mixed Use Overlay Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 15, 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 1 — Existing Facilities) which consists of construction and location of limited numbers of new, small facilities or structures, 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 - 1 - PC2019-020 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. 2019-00145, 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 - PC2019-020 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 and seven on -sale licenses. There are presently five off -sale ABC licenses and 20 on -sale licenses in the tract. The Property is located in Police Reporting District No. 2028, 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 also below the City-wide average based upon calls for service. Since there is an overconcentration of off -sale licenses in the census tract, a determination of "public convenience or necessity" is required for this ABC license request. 6. The request to permit a bar with sales of beer and wine for on and off -premises consumption 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 entertainment venues and mixed-use residential developments and is intended to serve the area visitors and 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; and 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. 2019-00145, contingent upon and subject to (i) approval of Conditional Use Permit No. 2019-06005, 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. -3 - PC2019-020 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 April 15, 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. CHAI ERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-020 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 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-020 EXHIBIT "All DEV NO. 2019-00015 APN: 253=531-04 u L ibm a f, F, HOWUL AVE i ,t P� Sonne R000rdad T rao Maps ooWw C4 GIS Please nate the a=raq o * two to Live teat — 6 — PC2019-020 EXHIBIT "B" DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 (DEV2019-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT TIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent Police Department 72 area under the control of the licensee shall be removed or painted over within 24 hours. 2 The business shall not be operated in such a way as to be detrimental to Police Department the public health, safety, or welfare. 3 Any and all security officers provided show comply with all State and Police Department Local ordinances regulating their services, including without limitation, Chapter 11.5 in Division 3 of the California Business and Professions Code (Section 4.16.070 Anaheim Municipal Code). 4 Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department. Such measures of shell deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 5 Managers, owners, and wait staff need to call the Department of Police Department Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training. The contact number is 714-558- 4101. A similar program maybe used as long as it is certified and must be renewable. 6 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 7 Signs shall be posted inside all doors stating, "No open alcoholic Police Department beverages allowed past thispoint." 8 Doors and shall be kept closed at all times during the operation of the Police Department premises except in cases of emergency. 9 Hours of operation shall be limited to 12:00 midnight each night of the Police Department week. 10 There shall be no entertainment, amplified music, or dancing permitted Police Department on the premises at any time unless the proper permits have been obtained from the City of Anaheim. 11 All landscaping shall be maintained in perpetuity in conformance with Planning and Building Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Department, Code. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Services Division - 7 - PC2019-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 - PC2019-020