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Resolution-PC 2017-036RESOLUTION NO. PC2017-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00127) (2940 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition for Public Convenience or Necessity No. 2016-00133 to upgrade an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale General license to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market for certain real property located at 2940 West Lincoln 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, Public Convenience or Necessity No. 2016-00133 is proposed in conjunction with a request for Conditional Use Permit No. 2016-05899 to upgrade an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale General and Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market (Circle K). Public Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with commercial retail center, including the subject 1,162 square foot convenience market. The Anaheim General Plan designates the Property for Corridor 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, 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 Implementation of the California Environmental Quality Act (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, this 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2017-036 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. 2016-00133, 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 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes, than the average number of "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 Property is located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (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 Property is 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. 5. The Property is located within Census Tract No. 869.03 with a population of 6,861 that allows for four off -sale ABC licenses. There are presently four off -sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1716, which has a crime rate that is 361% above the City-wide average. The Police Department evaluates these requests based on - 2 - PC2017-036 the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within '/4 mile radius of this Property is 166% above the City-wide average based upon calls for service. Since there is a crime above the city average, a determination of "public convenience or necessity" is required by ABC when the license is issued and has been requested by the applicant for this request. 6. The request to permit alcoholic beverage sales for off -premises consumption in conjunction with a convenience market 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 Property is currently developed with convenience market that sells beeer and wine and the proposed use of the Premises at the Property is compatible with the existing uses in the surrounding area; and 7. 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 approve Public Convenience or Necessity No. 2016-00133, contingent upon and subject to (i) approval of Conditional Use Permit No. 2016-05899 now pending, and (ii) the conditions of approval set forth 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 -3 - PC2017-036 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 April 3, 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: (/ r SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-036 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 April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HENNINGER IN WITNESS WHEREOF, I have hereunto set my hand this 3'd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-036 EXHIBIT "A" DEV NO. 2016-00127 APN: 126-611-18 W BRISTOL DR c F- z r 2 x U w � n it � z z W LINCOLN AVE W LINCOLN AVE �h 147' H yr w 01- 0 0 � X N J d N V7 �S 154' W EMBASSY AVE Ln w > ® x u W BAYWOOD AVE cn J� o so goo CF� Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 6 - PC2017-036 EXHIBIT "B" DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 (DEV2016-00127) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The area of alcoholic beverage displays shall not exceed 25% Police Department of the total display area in a building. 2 There shall be no exterior advertising or sign of any kind or Police Department type, 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. 3 No display of alcoholic beverages shall be located outside of Police Department a building or within five (5) feet of any public entrance to the building. 4 Sale of alcoholic beverages shall be made to customers only Police Department when the customer is in the building. 5 The possession of alcoholic beverages in open containers and Police Department the consumption of alcoholic beverages are prohibited on or around these premises. 6 Any Graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 7 The petitioner(s) shall be responsible for maintaining free of Police Department litter the area adjacent to the premises over which they have control, as depicted. 8 Managers/Owners need to call the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. 9 The parking lot of the premises shall be equipped with Police Department lighting of 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 businesses. - 7 - PC2017-036 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The Petitioner(s) shall post and maintain a professional quality Police Department sign facing the 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. 11 The convenience market shall be operated in accordance with the Planning and Building Statement of Operations submitted as part of this application. Any Department, changes to the business operation as described in that document planning Services shall be subject to review and approval by the Planning Director to Division determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. GENERAL CONDITIONS 12 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 13 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division 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. 14 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division - 8 - PC2017-036