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Resolution-PC 2014-111RESOLUTION NO. PC2014 -111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00110 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00071) (3125 EAST ORANGETHORPE AVENUE) WHEREAS, 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 determinations 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 ( "ABC "); and WHEREAS, 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; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition request that the Planning Commission determine that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 20 (Off -Sale Beer and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014 - 00110 ") to permit the sale of alcoholic beverages for off - premises consumption within a service station convenience market in conjunction with a request for Conditional Use Permit No. 2014 -05746 and Variance No. 2014 -04978 (herein referred to as the "Proposed Project ") for certain real property located at 3125 E. Orangethorpe 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 0.54 acres, is developed with a service station with automotive repair. The Property is located in the "C -G" Commercial General Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 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. 2014- 00110, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -111 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. 2014 - 00110, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized under subsection .040 of Section 18.08.030 of the Code. 2. That California state law requires a determination of "Public Convenience or Necessity" when property is located in a police reporting district with a crime rate above the City 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 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 issuance of a license. 3. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal Code under Conditional Use Permit No. 2014 - 05737, 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. 4. That the Property is located in Reporting District 1231, which has a crime rate which is below the City average. The Property is also located in Census Tract 117.22, which permits one off -sale license. Currently, there are three off -sale licenses existing within Census Tract 117.22. 5. That there are no schools adjacent to the subject Property. The subject Property abuts two residential properties to the north and east. Access to the subject Property is gained from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from nearby local streets so that any visitors to the site would not be comingled with the residential neighborhood. The subject Property is physically and visually separated from the residential properties by a six -foot high wall /fence. -2- PC2014 -111 6. That there are three other off -sale licenses within this Census Tract. The request to sell beer and wine is to provide a convenience to customers of the service station and proposed convenience store. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. 7. That 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. 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 determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off - premises consumption within a service station convenience market at this location and, accordingly, hereby approves Public Convenience or Necessity No. No. 2014- 00110, 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. -3- PC2014 -111 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 December 15, 2014. 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. i Hh *JRMAN, PLX1 G COMMISSION F T E CITY OF EIM 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 December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -111 EXHIBIT "A" DES' NO. 2014 -00071 o Source: Recorded Tract Maps and/or City GI S. Feet Please note the accuracy is +1- two to five feet. 0RR 4G0 %A0?- P • i i l � -5- PC2014 -111 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110 (DEV2014- 00071) -6- PC2014 -111 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT ON -GOING DURING PROJECT OPERATIONS 1 Managers /Owners shall call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714 -558 -4101. 2 No display of alcoholic beverages shall be located outside of a building Police Department or within five (5) feet of any public entrance to the building. 3 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. 4 The area of alcoholic beverage displays shall not exceed 25% of the total Police Department display area in a building. 5 Sale of alcoholic beverages shall be made to customers only when the Police Department customer is in the building. 6 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. 7 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 8 There shall be no amusement machines, video game devices, or pool Police Department tables maintained upon the premises at any time. 9 Loitering is prohibited on or around these premises or this area under the Police Department control of the licensee(s). 10 The parking lot of the premises shall be equipped with lighting of Police Department sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of L—L any neighboring residences. -6- PC2014 -111 -7- PC2014 -111 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL 11 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. 12 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example, conditions of approval that are required to be complied with Division 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. 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 Planning Services issuance of the final invoice or prior to the issuance of building permits 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. 14 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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. -7- PC2014 -111