Resolution-PC 2015-045 RESOLUTION NO. PC2015-045
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY
NO. 2015-00118 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00036)
(106 SOUTH WESTERN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition for a determination of Public
Convenience or Necessity No. 2015-00118 to permit the sale of beer, wine and distilled spirits
with a Type 21 (Off Sale General) license issued by the Department of Alcoholic Beverage
Control (herein referred to as "ABC") for off-premises consumption from a proposed liquor store
(herein referred to as the "Proposed Project") to be located at 106 South Western Avenue in the
City of Anaheim, County of Orange, State of California (the "Premises"). The Premises is
located within a retail commercial center commonly known as 106-112 South Western Avenue
and 3150-3174 West Lincoln Avenue (the "Property"). The Property is 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 1.2 acres, is developed with an
80,513 square foot retail commercial center. The Anaheim General Plan designates the Property
for Low-Medium Density Residential land uses. The Property is located within the "C-G"
General Commercial Zone. As such, the Property is subject to the zoning and development
standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 29, 2015 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 proposed Public
Convenience or Necessity No. 2015-00118, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, proposed Public Convenience or Necessity No. 2015-00118 is proposed in
conjunction with proposed Conditional Use Permit No. 4114A related to the proposed
amendment of Conditional Use Permit No. 4114 to permit the sale of alcoholic beverages for off-
premises consumption from the Premises; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of and in accordance with 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 (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "State CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, this Planning Commission found and determined that the sale of alcoholic
beverages for off-premises consumption from the Premises will not cause a significant effect on
the environment and is categorically exempt from the provisions of CEQA; and
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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
No. 2015-00118, does find and determine the following facts:
I. 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, "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 20%
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 exceeds 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 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 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.
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5. The Premises is located within Census Tract No. 869.02 with a population of
5,614 that allows for three (3) off-sale ABC licenses. There are presently two (2) off-sale ABC
licenses in the tract. The Premises is located in Police Reporting District No. 171.5, which has a
crime rate that is 225% 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 144% above the City-wide average
based upon calls for service. 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.
6. 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 and that the sales of wine, beer and
distilled spirits at this location would be a commodity provided to the community.
7. The sale of beer, wine and distilled spirits 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, wine and distilled spirits for off-premises consumption at the Premises and,
accordingly, hereby approves Public Convenience or Necessity No. 2015-00118, 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.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
pen-nit 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 29, 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.
JL—A -
C IRMAN, PLAT COMMISSION
OF THE CITY OF AZZEIM
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 29, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00036
APN: 135-231-19
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Source:Recorded Tract Maps and/or City GIS.
Please note the accuracy is+/-two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118
( EV201 -00036)
:NO:.] CONDITIONS OF APPROVAL RESPONSIBLE
GENERAL CONDITIONS
'w 7�,� E A T EN'T'
4 N 1 S
1 The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
individually and collectively as "Indemnitees") from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set Planning Department,
aside, void, or annul the decision of the Indemnitees concerning this permit Planning Services
or any of the proceedings, acts or determinations taken, done, or made Division
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.
2 The applicant is responsible for paying all charges related to the processing Planning Department,
of this discretionary case application within 30 days of the issuance of the Planning Services
final invoice or prior to the issuance of building permits for this project, Division
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.
3 The property shall be developed substantially in accordance with plans and Planning Department,
specifications submitted to and reviewed by the City of Anaheim and which Planning Services
plans are on file with the Planning Department and as conditioned herein. Division
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