Resolution-PC 2023-001RESOLUTION NO. PC2023-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING DEVELOPMENT
APPLICATION NO. 2022-00068 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2022-00068)
(1020 North Euclid Street)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission") did receive a verified petition to approve Development Application
No. 2022-00068 for approval of a determination of public convenience or necessity to permit the
sale of alcoholic beverages for off -premises consumption (Type 21 General) in conjunction with
a 33,032 square foot grocery store in an existing multi -tenant shopping center (referred to herein
as the "Proposed Project"), at a certain real property located at 1020 North Euclid Street in the
City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 2.3 acres in area and is developed with a
multi -tenant commercial building. The subject tenant space is 33,032 square feet in area. The
Property is designated for Neighborhood Center land uses by the Anaheim General Plan. The
Property is in the "C -G" General Commercial Zone and is subject to the zoning and development
standards set forth in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code
("AMC"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 18, 2023, at 5:00 p.m. and 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 AMC, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation 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 CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the proposed project
are Categorically Exempt from the requirements to prepare additional environmental
documentation per CEQA Guidelines, Section 15301, Class 1(Existing Facilities). Class 1 consists
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. The Proposed Project is within an existing multi -tenant commercial building and
the request includes interior improvements to the existing grocery store with no expansion.
Pursuant to Section 15300.2 (c) and Section 15301 of Title 14 of the California Code of
Regulations, there are no unusual circumstances in respect to the project which cause a significant
effect on the environment and, therefore, the proposed project is 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
for Development Application No. 2022-00068, 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 on -premises consumption is permitted by the Code, said
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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 subject location is in Census Tract Number 866.02, which has a population
of 5,967 persons. This population allows for three off -sale Alcoholic Beverage Control licenses,
and there are presently seven licenses in the tract. The property is within Police Reporting District
1522, which is above the City average in crime. In 2021 there were 164 crimes including 68 thefts,
25 vandalisms, and 51 drug violations. Since the there is an overconcentration in the number of
off -sale ABC licenses within the census tract and the crime rate is above the citywide 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 supermarket subject to the conditions of approval imposed will not be
detrimental to the health and safety of the citizens of Anaheim would not adversely affect the
surrounding land uses and the growth and development of the area in which it is proposed and will
provide an added convenience to the immediate neighborhood consistent with other similar
supermarkets in the City. Conditions imposed on the Proposed Project will ensure that potential
nuisances associated with the proposed use will be minimized, and the use would be compatible
to surrounding land uses.
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 guidelines for
such determinations and further that the granting of the determination of Public Convenience or
Necessity, under the conditions imposed, for off premises consumption there will not be
detrimental to the health and safety of the citizens of the City of Anaheim; and
WHEREAS, this 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
negate the findings made in this Resolution. This 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, pursuant to the above findings, this
Planning Commission does hereby approve Development Application No. 2022-00068, contingent
upon and subject to 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 that portion of the Property for which Development Application No. 2022-00068
is applicable 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, (ii)
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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.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the Proposed Project 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 18, 2023. 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.
^ � t
CHAIRPERSON, PLANNINGO MISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2022-00068
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2023-001
EXHIBIT "B"
DEVELOPMENT APPLICATION NO. 2022-00068
(DEV2022-00068)
PC2023-001
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1.
The business shall be operated in accordance with the Letter of Request
planning and Building
and Statement of Operations submitted as part of this application. Any
Department, Code
changes to the business operation, as described in that document, shall
Enforcement Division
be subject to review and approval by the Planning Director to determine
and Planning Services
substantial conformance with the Letter of Request and Statement of
Division
Operations and to ensure compatibility with the surrounding uses.
2.
The owner/operator shall install Closed Circuit Television (CCTV)
police Department
security cameras in the interior and exterior of the business to promote
patron and business safety and the appearance of safety. Video
surveillance signs shall be posted notifying the patron. CCTV monitors
and recorders shall be secured in a separate locked compartment to
prevent theft of, or tampering with, the recording. Recordings should be
kept for a minimum of 30 days before being deleted or recorded over.
3.
If an alarm system is installed, complete an Alarm Permit with the
police Department
Anaheim Police Department on-line prior to initial alarm activation.
4.
Within 30 days after the effective date of the Development Application
police Department
approval, the business operator shall submit a detailed security and
operations plan, including a detailed floor plan. The plan shall provide
and
security and operational details including but not limited to Closed
planning and Building
Circuit Television security cameras, alarm systems, lighting, any
Department, Planning
security personnel that will be provided, any entry and exit loss
Services Division
prevention barriers, and a detailed description of how the business
operator will conduct policing of loitering around the market. Once
approved, a copy of the plan shall be maintained by the business
operator, and the business shall be operated according to said security
and operations plan at all times. Security measures shall be reviewed
and modified between the business operator, Police Department and
Planning and Building Department on an as needed basis.
5.
The exterior of the building and parking lot shall be illuminated during
police Department
all hours of darkness.
PC2023-001
PC2023-001
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6.
The owner/operator shall be responsible for maintaining free of litter,
Police Department
the area adjacent to the premises over which they have control i.e.,
parking lot, landscape setback.
7.
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.
8.
The entrance doors shall not be covered with posters and
Police Department
announcements that obstruct natural surveillance.
9.
The owner/operator shall police the area under their control in an
Police Department
effort to prevent the loitering of persons around the premises.
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.
11.
Check-out counters shall be located near the front of the store, clearly
Police Department
visible.
12.
The interior area of alcoholic beverage displays shall not exceed 10% of
Police Department
the gross floor area of the store per the applicant's Statement of
Operations.
13.
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.
14.
There shall be no display of alcoholic beverages located outside of the
Police Department
grocery store.
15.
There shall be no display of alcoholic beverages located at any public
Police Department
entrance to the grocery store.
16.
Alcohol shall be located in the rear of the grocery store as stated by the
Police Department
applicant's Statement of Operations.
17.
Beer and malt beverages shall not be sold in packages containing less
Police Department
than a three (3) pack, and that wine coolers shall not be sold in packages
containing less than a four (4) pack.
18.
There shall be no pay to play amusement machines or video game
Police Department
devices maintained upon the premises at any time.
19.
Managers/Owners shall contact the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
PC2023-001
PC2023-001
RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
Program), RBS, or similar certificate training for themselves and
register employees.
20.
The hours of operation for the grocery store will be from 6:00am to
Police Department
12:00am daily as stated by the applicant in the Statement of Operation.
The Police Department requests the hours of operation to remain the
same to monitor calls for service.
GENERAL CONDITIONS OFAPPROVAL
21.
The Applicant/Owner shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department, Planning
referred to individually and collectively as "Indemnitees") from any and
Services Division
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.
22.
The premises shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant,
Department, Planning
which plans are on file with the Planning Department, and as
Services Division
conditioned herein.
23.
Conditions of approval related to each of the timing milestones above
Planning and Building
shall be prominently displayed by the applicant on plans submitted for
Department, Planning
permits. For example, conditions of approval that are required to be
Services Division
complied with prior to the issuance of building permits shall be provided
on plans submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks and trail
plans, and fire and life safety plans, etc.
24.
The Applicant/Owner is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department, Planning
issuance of the final invoice or prior to the issuance of building permits
Services Division
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.
PC2023-001
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Susana Barrios, 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 18, 2023, by the following vote of the
members thereof:
AYES: Chairperson Kring, Commissioners Henninger, Perez, Walker, and White
NOES: Commissioner Mouawad
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 18' day of January 2023.
L.4��
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-001