Resolution-PC 2015-060RESOLUTION NO. PC2015-060
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY
NO. 2015-00119 TO PERMIT A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00061)
(912 SOUTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition 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 &
Wine) license (herein referred to as "Public Convenience or Necessity No. 2015-00119") to
permit the sale of beer and wine for off -premises consumption in conjunction with an existing 99
Cent Only Stores retail store (herein referred to as the "Proposed Project"), for that certain real
property located at 912 S. Euclid Street 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 2.0 acres, is developed with a
retail commercial center including a 13,857 square foot 99 Cent Only Stores retail store. The
Anaheim General Plan designates the Property for General Commercial land uses. The Property
is located within the General Commercial (C -G) Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) 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 September 9, 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. 2015-00119, 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 (i.e.,
Class 1 — Existing Facilities) which consists 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
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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 Determination of Public Convenience or Necessity
No. 2015-00119, 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
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 determinations of "public convenience or necessity"; 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 Property is located within Census Tract 871.06 with a population of 5,097
that allows for five (5) on -sale ABC licenses. There are presently three (3) on -sale licenses in the
tract. In addition, three (3) off -sale licenses are allowed and two (2) presently exist within the
census tract. The Property is located in Police Reporting District No. 1822, which has a crime
rate that is 91% 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 167% 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 because the sales of beer, wine and
distilled spirits at this location will be a small percentage of overall sales for this business and an
incidental commodity provided by the existing retail use.
7. The sale of beer, wine and distilled spirits 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.
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 beer and wine for off -premises consumption at this location and, accordingly, hereby
approves Public Convenience or Necessity No. 2015-00119, 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.
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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
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 9, 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.
ACING CHAIRMAN, P NING COMMISSION
OF E CITY OF ANA M
ATTEST:
/ ". "T, --
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 September 9, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CALDWELL, LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00061
APN:
250-151-02
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00119
(DEV2015-00061)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL
CONDITIONS
1
No display of beer, wine, and/or distilled spirits shall be located outside of the
Police Department
building or within five (5) feet of any public entrance to said building.
2
There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
Police Department
availability of beer, wine, and/or distilled spirits. Interior displays of beer,
wine, and/or distilled spirits 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 the total
Police Department
display area in a building.
4
The possession of alcoholic beverages in open containers and the consumption
Police Department
of alcoholic beverages are prohibited on or around the premises.
5
Petitioner(s) shall police the area under their control in an effort to prevent the
loitering of persons around the premises.
Police Department
6
There shall be no amusement machines, video game devices, or pool tables
Police Department
maintained at, in or upon the premises at any time, unless all required permits
are first obtained from the City.
7
The Petitioner(s) shall post and maintain a professional quality sign facing the
Police Department
premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering. The
sign shall be in English and Spanish.
8
Loitering is prohibited on or around these premises or this area under the
Police Department
control of the licensee(s).
9
The parking lot of the premises shall be equipped with lighting of sufficient
Planning & Building
power to illuminate and make easily discernible the appearance and conduct of
Department,
all persons on or about the parking lot. Additionally, the position of such
Code Enforcement
lighting shall not disturb the normal privacy and use of any neighboring
Division
residences.
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10
Store Managers and cash register employees shall obtain LEAD (Licensee
Police Department
Education on Alcohol and Drugs Program) Training from the Department of
Alcoholic Beverage Control. The contact number is 714-558-4101.
11
Any graffiti painted or marked upon the premises or on any adjacent area
Police Department
under the control of the property owner shall be removed or painted over
within 24 hours of being applied.
12
The property shall be permanently maintained in an orderly fashion through
Planning & Building
the provision of regular landscaping maintenance and removal of trash or
Department,
debris.
Code Enforcement
Division
13
All activities related to the use shall occur indoors, except as may be permitted
Planning & Building
by an authorized Special Event Permit.
Department,
Code Enforcement
Division
GENERAL CONDITIONS
14
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 & Building
aside, void, or annul the decision of the Indemnitees concerning this permit
Department,
or any of the proceedings, acts or determinations taken, done, or made prior
Planning Services
to the decision, or to detennine the reasonableness, legality or validity of
Division
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.
15
The applicant is responsible for paying all charges related to the processing
Planning & Building
of this discretionary case application within 30 days of the issuance of the
Department,
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
Planning Services
Division
issuance of required permits or may result in the revocation of the approval
of this application.
16
The property shall be developed substantially in accordance with plans and
Planning & Building
specifications submitted to and reviewed by the City of Anaheim and which
Department,
plans are on file with the Planning Department and as conditioned herein.
Planning Services
1—J
Division
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