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Resolution-PC 2013-082RESOLUTION NO. PC2013 -082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00102 FOR TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00082) (2429 EAST 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, 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 -00102 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 pursuant to Section No. 18.60.220 of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 2429 East Ball Road, 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, consisting of approximately .24 acres, is developed with an approximately 2,300 square foot commercial building. The Property is located in the General Commercial (C -G) Zone. The Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, on November 18, 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 Public Convenience or Necessity No. 2013- 00102, 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 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 - I - PC2013 -082 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, 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 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 Determinations of Public Convenience or Necessity; and 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 863.06 with a population that allows for two off -sale ABC licenses. There are presently four licenses in the tract. In addition, four on -sale licenses are allowed and two presently exists in the tract. The Property is located in Police Reporting District No. 1828 which has a crime rate that is 92 percent above the citywide average; however, the Police Department evaluates these requests based on the crime rate within a one - quarter mile radius for the subject site. The crime rate within '/ mile of this Property is 78 percent above the citywide average based upon calls for service. Since there is an over concentration in the number of ABC licenses within this census tract and the crime rate is above the citywide average, a Determination of Public Convenience or Necessity is required for this request. Although this location falls within an area that is over concentrated with alcohol licenses, this license would not be a detrimental to the surrounding area since no increase in licenses is proposed as the applicant will be reactivating an existing license surrendered by the previous convenience market owner. 4. A Determination of Public Convenience or Necessity can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the sales of beer and wine at this location will be a small percentage of overall sales for this business and an incidental commodity provided by the existing retail use. 5. The sale of beer and wine is ancillary to the retail store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine 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 this location and, accordingly, hereby approves Public Convenience or Necessity No. 2013- 00102, 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 -2- PC2013 -082 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. 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 18, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal, CHAIR, ANAHEIM CITY NNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -082 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 November 18, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of November, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -082 EXHIBIT "A" DEV NO. 2013-00082 APN:253- 081 -17 l - J L E WMIDBY LN E CLIFPARK WAY pi E HILDA PL cc I S HILDA ST ti Ln 70' N Z Cn 70' in E BALL RD S ATHENA WAY N z r m J � Q v� u V --j Source: Recorded Tract Maps and /or City GIS. W Feet Please note the accuracy is +/- two to five feet. - 5 - PC2013 -082 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00102 (DEV2013- 00082) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Any graffiti painted or marked upon the premises or on any adjacent Code area under the control of the property owner /licensee shall be Enforcement removed or painted over within 24 hours of being applied. 2 No display of beer, wine, and /or distilled spirits shall be located Police outside of the building located on the property or within five (5) feet Department of any public entrance to said building. 3 There shall be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, promoting Department or indicating the availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4 The area of beer and wine displays shall not exceed 25% of the total Police display area in the building. Department 5 Sale of beer and wine shall be made to customers only when the Police customers are inside the building. Department 6 The possession of beer and wine in open containers and the Police consumption of beer and wine are prohibited on or around the Department premises. 7 The business owner shall police the area under their control in an Police effort to prevent the loitering of persons around the exterior of the Department building located on the property. 8 The premises shall be equipped with a comprehensive security alarm Police system (silent or audible) for the following coverage areas: perimeter Department building and access route protection and high valued storage areas within 90 of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and returned to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/articlp.asp?id=678 9 The closed circuit television (CCTV) security cameras shown on the Police plans shall be maintained in working order and in the locations shown Department on the plans. -6- PC2013 -082 10 All exterior doors shall maintain adequate security hardware (e.g. Police deadbolt locks). The locks shall be so constructed that both the Department deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece within 90 days of approval of this permit. It is also recommended that wide -angle peepholes or other viewing device be installed in solid doors where natural surveillance is compromised and any rear utility doors. 11 Adequate lighting of parking lots, passageways, recesses, and grounds Planning/Police contiguous to buildings shall be maintained with lighting of sufficient Department 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. 12 The property shall be permanently maintained in an orderly fashion Code through the provision of regular landscaping maintenance, removal of Enforcement trash or debris. 13 No required parking area shall be fenced or otherwise enclosed for Code outdoor storage. Enforcement 14 No outside storage of equipment /furniture shall be permitted. Code Enforcement 15 The inoperative pay telephone located in the front planter area shall Planning be removed within 30 days of the approval of this permit. Department 16 The applicant shall defend, indemnify, and hold harmless the City and Planning its officials, officers, employees and agents (collectively referred to Department individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. -7- PC2013 -082 17 The applicant is responsible for paying all charges related to the Planning 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 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. 18 The premises shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed and approved by Department the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -8- PC2013 -082