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Resolution-PC 2015-043 RESOLUTION NO. PC2015-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00117 TO PERMIT ALCOHOLIC BEVERAGE CONTROL LICENSES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00029) (500 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a determination of Public Convenience or Necessity No. 2015-000117 related to the sale of alcoholic beverages for off-premises consumption in conjunction with a brewery, winery, and distillery and associated tasting areas. Public Convenience or Necessity No. 2015-000117 is proposed in conjunction with Conditional Use Pen-nit No. 2015-05789 to permit a brewery, winery and distillery with on-premises sales and consumption of alcoholic beverages, an outdoor patio and tasting area, and a retail store to include the sale of beer and wine for off-premises consumption, Variance No. 2015-05014 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") and off- site parking for the aforementioned uses, and Zoning Code Amendment No. 2015-00126 to allow Alcoholic Beverage Manufacturing (ABM) facilities and the sale of alcoholic beverages for off-premises consumption in the Neighborhood Commercial district of the South Anaheim Boulevard Corridor (SABC) Overlay zone (collectively referred to herein as the "Proposed Project") for premises located at that certain real property at 500 South Anaheim Boulevard, 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 is approximately 0.44 acres in size and is currently developed with a 10,590 square foot vacant commercial building. The Anaheim General Plan designates the Property for Low Medium Density Residential land uses. The Property is located in the Neighborhood Commercial District of the South Anaheim Boulevard Corridor (SABC) Overlay Zone and is subject to the zoning and development standards of the "C-NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone shall apply to the property and supersede any inconsistent regulations of the "C-NC" Neighborhood Center Commercial Zone; and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on June 15, 2015 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2015-043 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, following preliminary review, the City prepared an Initial Study to determine if the Proposed Project may have a significant effect on the environment, which Initial Study shows that there is no substantial evidence, in light of the whole record before the City, that the Proposed Project may have a significant effect on the environment; and WHEREAS, a draft Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Negative Declaration was circulated was posted for a 20-day public/responsible agency review on May 21, 2015 and was also made available for review on the City's website at www.an.aheim.net. A complete copy of the Negative Declaration is on file and can be viewed in the Planning Division of the City located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Negative Declaration to (a) the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, the City intends and desires to use the Negative Declaration as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Negative Declaration and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval attached to this Resolution; 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 Determination of Public Convenience or Necessity No. 2015-00117, 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 - 2 - PC2015-043 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 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, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 240% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes 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 premises are located does not exceed the ratio of on-sale retail licenses to population in the county. (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 premises are located does not exceed 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 874.01 with a population of 3,954 that allows for two (2) off-sale ABC licenses. There are presently two (2) off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1725, which has a crime rate that is 240% above the City-wide average; however, the Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the premises for the subject site. The crime rate within '/ mile of this Property is 236% above the City-wide average based upon calls for service. Since a third off-sale license would result in an overconcentration in the number of off-sale ABC licenses within this census tract, and since the crime rate is above the City-wide average, a determination of"public convenience or necessity" is required to be made for this request. - 3 - PC2015-043 6. A detennination 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 sale of beer and wine at this location will complement the restaurants in the adjacent Packing District and will also serve the newly constructed residential developments, retail businesses, and pedestrian-oriented environment within the downtown area, 7. The sale of beer and wine is ancillary to the alcoholic beverage manufacturing businesses and would serve as an added convenience to residents and visitors to the area who choose to dine in the adjacent Packing District area. 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. 2015-00117, contingent upon and subject to (1) the adoption by the City Council of Zoning Code Amendment No. 2014-00126, an ordinance that will allow Alcoholic Beverage Manufacturing facilities and the sale of alcoholic beverages for off-premises consumption in the Neighborhood Commercial district of the South Anaheim Boulevard Corridor Overlay zone; (2) approval of Conditional Use Permit No. 2015-05789 to permit a brewery, winery and distillery with on-premises sales and consumption of alcoholic beverages, an outdoor patio and tasting area, and a retail store to include the sale of beer and wine for off-premises consumption; and (3) Variance No. 2015-05014 to allow fewer parking spaces than required by the Anaheim Municipal Code in conjunction with the aforementioned uses, both of which entitlements are now pending, and further contingent upon 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 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. - 4 - PC2015-043 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 Pen-nit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 15, 2015. 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. VIRMAN, PLA=COMMISSION THE CITY OF IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, 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 June 15, 2015, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-043 EXHIBIT "A" DEV NO. 2015-00029 251-054-0 CO r� c7 t:. �CCM3E=3M= Source:Recorded Tract Maps and/or City GIS. r , Please note the accuracy is+I-two to five feet. - 6 - PC2015-043 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00117 (DEV2015-00029) N ® CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERA TIONAL CONDITIONS I Security measures shall be provided to the satisfaction of the Anaheim Police Police Department Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 2 The business shall not be operated in such a way as to be detrimental to the public Police Department health, safety, or welfare of the surrounding area. 3 There shall be no admission fee, cover charge, nor minimum purchase of alcoholic Police Department beverages required. 4 All businesses shall be open no later than 12:00 midnight seven days a week. Police Department 5 All persons serving or otherwise dispensing alcoholic beverages shall be 21 years Police Department old or older. 6 Persons serving alcohol shall not consume any alcoholic beverages. Police Department 7 Alcoholic beverages shall only be sold and served in distinctive cups with a logo Police Department from the location it has been dispensed from. No other cups may be used for the dispensing of alcoholic beverages. Said containers shall be distinct and different than containers of non-alcoholic beverages. 8 If there is a gate/door in the perimeter fence for the patio, there shall be a sign Police Department stating"No alcohol beyond this point". The gate shall also be self-closing. 9 There shall be a security guard or employee in the outdoor patio area any time Police Department patrons are present. 10 The number of persons in attendance shall not exceed the maximum occupancy Police Department load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the building. 11 Entertainment shall not be allowed in the outdoor patio area. Outdoor events Police Department and/or entertainment, if any, shall be subject to issuance of a Special Event Permit and all applicable regulations of the Anaheim Municipal Code. 12 A security plan shall be submitted to the Chief of Police or his/her designee for Police Department review and approval prior to operation of the business. The plan shall include the Lnumber of security personnel that will be provided,job duties and description, procedures on communication, ID check, occupancy load and a detailed description of how problems and problem guests will be handled. - 7 - PC2015-043 ' 0 - PC20I5-043