Resolution-PC 2019-025RESOLUTION NO. PC2019-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR
NECESSITY NO. 2019-00146 TO PERMIT A TYPE 21 (OFF SALE GENERAL)
ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2019-00025)
(3430 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. 2019-00146 to permit the sales of alcoholic beverages for off-site consumption in conjunction
with a proposed supermarket (herein referred to as the "Proposed Project") for certain real property
located at 3430 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, the Property, consisting of approximately two acres, is developed with a
commercial shopping center. The Anaheim General Plan designates the Property for
Neighborhood Center land uses. The Property is located within the General Commercial (C -G)
Zone and is, therefore, subject to the zoning and development standards set forth in Section
18.08.030 (Uses) of Chapter 18.08 of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 13, 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 said proposed Public Convenience or
Necessity No. 2019-00146, and to investigate and make findings and recommendations in
connection therewith; and
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. 2019-00146, does
find and determine the following facts:
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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 Police Reporting District that has a 184
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 does not exceed 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. 869.01 with a population of 8,725 that
allows for five off -sale ABC licenses. There are presently six off -sale ABC licenses in the tract.
The Property is located in a Police Reporting District which has a crime rate that 184 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 1/ mile
of this Property is 160 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 property is within a
high crime area, a determination of "public convenience or necessity" is required to be made for
this request.
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6. The proposed sale of alcoholic beverages for off -premise consumption in conjunction
with a large market over 10,000 square feet is a compatible use within the surrounding area and is
consistent the goals of the Neighborhood Center land use designation. In addition, the ability to
sell alcohol would help meet the demands of patrons who are shopping for other goods and would
offer them a one-stop shopping experience.
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, subject to compliance with the conditions of approval contained
herein.
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. 2019-00146, 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 May 13, 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 AIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 May 13, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, LIEBERMAN, MEEKS, MULLEADY,
VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 13" day of May, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2019-00025
W LINCOLN AVE
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17
W LINCOLN AVE
W UtL IVIUN I t UK
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146
(DEV2019-00025)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
I
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.
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
Police Department
building 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
area under the control of the licensee shall be removed or painted over
police Department
within 24 hours of being applied.
6
The business owner shall police the area under their control in an effort
police Department
to prevent the loitering of persons around the premises.
7
There shall be no pay to play amusement machines or video game
devices maintained upon the premises at any time.
8
The business owner shall be responsible for maintaining free of litter
the area adjacent to the premises over which they have control, as
depicted on the submitted plans.
9
There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting
police Department
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.
10
The business owner shall post and maintain a professional quality sign
facing the premises parking lot(s) that reads as follows:
police Department
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.
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RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
11
Beer and malt beverages shall not be sold in packages containing less
than a six (6) pack, and that wine coolers shall not be sold in packages
police Department
containing less than a four (4) pack. No single sales allowed. Craft
Brews are permitted in single sales but must be kept in a locked
cabinet. An employee shall remove the beer and take it to the register
for purchase.
12
The business owner and/or property owner shall police the area under
their control in an effort to prevent loitering of persons around the
police Department
premises. A security plan shall be submitted to the Police Department,
Vice Detail, for review and approval. Said plan shall propose
additional security measures to the satisfaction of the Police
Department.
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
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
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
14
The Property shall be developed substantially in accordance with
planning Department
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
and as conditioned herein.
15
The Applicant shall defend, indemnify, and hold harmless the City and
planning Department
its officials, officers, employees and agents (collectively referred to
individually and collectively as "Indemnitees") from any and all
claims, 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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