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Resolution-PC 2017-031RESOLUTION NO. PC2017-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05882 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00130 TO PERMIT A TYPE 20 (OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00073) (5759 EAST SANTA ANA CANYON ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05882 to permit the sale of beer and wine with a Type 20 (Off -Sale Beer and Wine) license issued by the State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for off -premises consumption in conjunction within an existing grocery store located at 5759 East Santa Ana Canyon Road, in the City of Anaheim, County of Orange, State of California. The existing grocery store is located within a retail commercial center on real property generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, in conjunction with the petition to approve Conditional Use Permit No. 2016-05882, the Planning Commission also received a verified petition for a determination of public convenience or necessity, designated as Public Convenience or Necessity No. 2016- 00130, to permit the sale of beer and wine for consumption off the premises with a Type 20 (Off Sale Beer and Wine) ABC license; and WHEREAS, Conditional Use Permit No. 2016-05882 and Public Convenience or Necessity No. 2016-00130 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is part of a 15 -acre (approximate) commercial retail shopping center, which is located within the "C -NC" Neighborhood Center land use designation of the Anaheim General Plan. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); provided, however, that the requirements of the Scenic Corridor (SC) Overlay Zone, as set forth in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) shall apply to the Property and supersede any inconsistent regulations of the "C- G" General Commercial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 20, 2017 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 Conditional Use Permit No. 2016-05882 and Determination of Public Convenience or Necessity No. 2016- 00130, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2017-031 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 effects of the Proposed Project are typical of those generated 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 Conditional Use Permit No. 2016-05882, does find and determine the following: 1. The proposed request to permit the sale of beer and wine for off -premises consumption in conjunction with a grocery store in an existing commercial retail center is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone. 2. The proposed request to pennit the sale of beer and wine for off -premises consumption in conjunction with a small specialty grocery store would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the use of a portion of the Property as a specialty grocery store with incidential beer and wine sales for off-site consumption is compatible with the existing uses within the commercial center and uses in the surrounding area. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and no expansion to the building is proposed. 4. The traffic generated by permitting the sale of beer and wine for off -premises consumption in conjunction with a specialty grocery store would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property would not increase within the existing Property. 5. The granting of Conditional Use Permit No. 2016-05882 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. - 2 - PC2017-031 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. 2016-00130, 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 is below the city average in "reported crimes" (as defined in Section 23958.4) 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 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. -3 - PC2017-031 5. The Property is located within Census Tract 219.05 with a population of 5,485 that allows for three off -sale licenses and three presently exist within the census tract. The Property is located in Police Reporting District No. 1339, which has a crime rate that is below the City- wide average. 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 1/ mile of this Property is 8% below the City-wide average based upon calls for service. Since the census tract is over concentrated, 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 beer and wine at this location would be a commodity provided to the community. 7. The sale of beer and wine 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 approve Conditional Use Permit No. 2016-05882, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED 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 the Premises and, accordingly, the Planning Commission hereby approves Public Convenience or Necessity No. 2015-00130, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto. BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2016-05882 and Public Convenience or Necessity No. 2016-00130 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2017-031 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 Pen -nit 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 20, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-031 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 March 20, 2017, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of March, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017-031 EXHIBIT "A" DEV NO. 2016-00073 APN: 358-191-12 394, 69� Z D O m 0 It v Co ar N 1p6�, 4jON RD SPNiP, PNP cG Wjot4 E `®r Source: Recorded Tract Maps and/or City GIS. �-i F—t Please note the accuracy is +/- two to five feet. - 7 - PC2017-031 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05882 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00130 (DEV2016-00073) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS OF APPROVAL 1 The store shall be operated in accordance with the Letter of Operation submitted as part of the application. Any changes to the business Planning and operation described in the Letter of Operation shall be subject to Building Department review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. 2 No display of alcoholic beverages shall be located outside of a Police Department building 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 Police Department total 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 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 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 Police Department the control of the licensee(s). - 8 - PC2017-031 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Managers / Owners need to 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. 11 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 any neighboring residences. GENERAL CONDITIONS OFAPPROVAL 12 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 Division claims, 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. 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 subject Property shall be developed, used and maintained Planning Department, substantially in accordance with plans and specifications submitted to Planning Services the City of Anaheim by the petitioner and which plans are on file with Division the Planning Department, and as conditioned herein. - 9 - PC2017-031