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Resolution-PC 2013-020RESOLUTION NO. PC2013 -020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012-05642 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2013 -00094 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2012- 00132) (3414 WEST BALL ROAD) WHEREAS, on July 11, 1995, the City Council of the City of Anaheim (herein referred to as 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 California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (herein referred to as "ABC "); and WHEREAS, Section 23958 of the Business and Professions Code provides that 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; and WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition for a Determination of Public Convenience or Necessity No. 2013 -00094 in conjunction with an application for Conditional Use Permit No. 2012 -05642 to permit beer and wine sales with a Type 20 (off -sale beer and wine) ABC license for off - premises consumption in an existing convenience market that is less than 15,000 square feet pursuant to Section No. 18.60.180 of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 3414 West Ball Road, Suite H, in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the 'Property "); and WHEREAS, the Property is located within a 1.45 -acre commercial site developed with a multi-tenant commercial building located in the C -G (General Commercial) zone. The commercial site is designated for Low - Medium Residential land uses in the City of Anaheim General Plan; and WHEREAS, on February 25, 2013, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012 -05642 and Public Convenience or Necessity No. 2013 - 00094, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2013 -020 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 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 pertaining to the request for Conditional Use Permit No. 2012 - 05642, does find and determine the following facts: 1. The request to allow beer and wine sales for off - premises consumption in a proposed convenience market is properly one for which a conditional use permit is authorized under Section 18.10.030.010 (Alcoholic Beverage Sales — Off Sale) of the Anaheim Municipal Code. 2. The request to allow the proposed beer and wine sales would not adversely affect the surrounding land uses and the growth and development of the area because the existing convenience market is compatible with commercial uses and other uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the convenience market. 4. The traffic generated by the existing convenience market will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the General Commercial zone. 5. Granting Conditional Use Permit No. 2012 -05642 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 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 pertaining to the request for Public Convenience or Necessity No. 2013- 00094, does find and determine the following facts: 1. California State law requires a determination of "public convenience or necessity" when property is located in a reporting district that has a crime rate above the average and has an over - concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if -2- PC2013 -020 issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. 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. 3. The Property is located within Census Tract No. 878.01 with a population of 4,890 that allows for three off -sale ABC licenses and there are presently eight licenses in the tract; and, six on -sale licenses and there are presently seven in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a' /4 mile radius for the subject site. This site has a' /4 mile radius crime rate of 59% percent above the average. However, the subject site is located within Reporting District 1914 which is below average in crime. There have been no calls for service to this location in the last year. 4. A 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 as the sale of alcoholic beverages is ancillary to the products sold at the convenience store and would serve as an added convenience to those who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2012 -05642 and determines that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off - premises consumption at the Property, 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, (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 Conditional Use Permit No. 2012 -05642 and Public Convenience or Necessity No. 2013 -00094 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. -3- PC2013 -020 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2012 -05642 and Public Convenience or Necessity No. 2013 -00094 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 25, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. U 1 U6q0---- , ATTEST: PL CHAIR, ANAHEIM CITY G COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4- PC2013 -020 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of February, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 5- PC2013 -020 EXHIBIT "A" DEV NO. 2012-00132 APN: 079- 941 -05 0 r w 3 W BALL RD 107' w 2 > y o O Py � Z � v y x ` 3 4 o >o ton MPS ® Source: Recorded Tract Maps and / fii GIS. to �—✓ .. , Please note the accuracy Is +/_ two to five feel. - 6 - PC2013 -020 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05642 PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2013-00094 (DEV2012- 00132) -7- PC2013 -020 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY GENERAL 1 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. 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 The area of alcoholic beverage displays shall not exceed 25% of Police Department the total display area in a 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 Adequate lighting of parking lots, passageways, recesses, and Police Department grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Monument signs and addresses shall be well lighted during hours of darkness. Minimum recommended lighting level in all parking lots is .5 foot - candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. -7- PC2013 -020 -8- PC2013 -020 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 7 Any graffiti painted or marked upon the premises or on any Code Enforcement adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 8 The applicant shall be responsible for maintaining the premises Planning/ Code in an orderly fashion through the provision of regular Enforcement maintenance and removal of trash or debris. 9 All activities related to the use shall occur indoors, except as Planning/ Code may be permitted by an authorized Special Event Permit. Enforcement 10 Petitioner(s) shall police the area under their control in an effort Police Department to prevent the loitering of persons around the premises. 11 The convenience market shall be operated in accordance with Planning the Letter of Request submitted as part of this application. Any Department changes to the business operation as described in the Letter of Request shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. The hours of operation are 8:00 a.m. to 9:00 p.m. Monday through Thursday, 8:00 a.m. to 10:00 p.m., Friday and Saturday and 8:00 a.m. to 9 :00 p.m. on Sunday. The hours of operation may be modified subject to prior review and approval by Planning Director. PRIOR TO ISSUANCE OF A BUILDING PERMIT 12 That all requests for new water services or fire lines, as well as Public Utilities, any modifications, relocations, or abandonments of existing Water Engineering water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 13 There is no backflow prevention device on the existing 1 -1/2 Public Utilities- inch water meter serving the property. Prior to issuance of Water Engineering building permits, a lead free backflow prevention device, meeting the City of Anaheim's Standards shall be installed at the existing meter. -8- PC2013 -020