Resolution-PC 2018-003A RESOLUTION OF THE PLANNING COMMISSION OFTHE
CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR
NECESSITY NO. 2017-00138 TO PERMIT A TYPE 20 (OFF SALE BEER AND
WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00116)
(13 31 EAST KATELLA AVENUE, UNIT #107)
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
fc,,r t new, 2"
license to pen -nit the sale of beer and wine for off-site consumption within a convenience store
("The Corner Shop") for certain real property located at 1331 East Katella Avenue #107, in the
City of Anaheim, Countw of Oran tc-*&
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, Public Convenience or Necessity No. 2017-00138 is proposed in conjunction
with a request for Conditional Use Pen -nit No. 2017-05945, now pending, which together with the
Project, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 1.55 acres, is developed with a 92 -
unit mixed use development with a 1,298 square foot, ground floor tenant space for a convenience
store. The Anaheim General Plan designates the Property for "MU" Mixed Use land uses. The
Property is located within the underlying "I" Industrial Zone, implementing the "PTMU " Platinum
Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development
standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) 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 January 22, 2018 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 the Proposed Project and to investigate
and make findings and recommendations in connection therewith, and the hearing was continued
to the February 5, 2018 meeting; 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
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WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to
this Resolution, this Planning Commission has heretofore found and determined, as the "lead
agency" under the California Environmental Quality Act (Public Resources Code Section 21000
et seq.; herein referred to as "CEQA"), that the Proposed Project is within that class of projects
(i.e., Class I — 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
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.
2017-00138, does find and determine the following facts:
L On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishin
procedures and delegating certain responsibilities to the Planning Commission relating to t
termination of "Public Convenience or Necessity" on those certain applications requiring th
such detennination be made by the local governing body pursuant to applicable provisio
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ns of tl
Business and rofessions Code, and prior to the issuance of a license •y the Department
Alcoholic Beverage Control ("ABC"). I
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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 ser-ved 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.
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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" detenninations; and, when
the sale of alcoholic beverages for off -premises consumption is permitted by the Code, said
recommendations shall take the fon-n of conditions of approval to be imposed on the deten-nination
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. 863.03 with a population of
6,212 that allows for three off -sale ABC licenses. There are presently five off -sale ABC licenses
in the tract. The Property is located in Police Reporting District No. 2027, 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 Property for the subject site. The crime rate
within '/ mile of this Property is 45 percent above the City-wide average based upon calls for
service. Since there is an overconcentration of off -sale licenses in the census tract and the crime
rate is above the city-wide average, a determination of "public convenience or necessity" is
required for this ABC license request.
6. The request to perrnit beer and wine sales for off -premises consumption in
growth and development of the area in which it is proposed to be located because the Property is
a mixed-use residential development with a ground floor tenant space that was intended as a
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 healing, 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereb
approve Public Convenience or Necessity No. 2017-00138, contingent upon and subject to
approval of Conditional Use Pen -nit No. 2017-05945, now pending, and (ii) the conditions
approval set forth in Exhibit B attached hereto and incorporated. herein by this reference, whic
are hereby found to be a necessary prerequisite to the proposed use of the Property in order t
preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensio
for further time to complete conditions of approval may be granted in accordance with Sectio
18.60.170 of the Code. Timing for compliance with conditions of approval may be amended b
the of P-ood cause nrovided 6) eauivvIent timinp, k est,9bli-ske
-
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use or approved development.
1011
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 deerned 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
February 5, 2018. 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 appe
CHAIR -PERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
FEN 1A M, I
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE *F 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
Comm-nission of the City of Anaheim held on February 5, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
Will= 1 111111
1111 Jill
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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Please note the accuracy &+ two to five feet.
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EXHIBIT "B"
*ETZRN!iAXHO11 OF PU3LiC CONVENIENCE
OR NECESSITY NO. 2017-00138
(DEV2017-00116)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT'
OPERATIONAL CONDITIONS
I
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.
2
']-'here shall be no exterior advertising or sign of any l<ind or type,
Police Department
including advertising directed to the exterior froin within,
pron-noting 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
The area of alcoholic beverage displays shall not exceed 25% of the
Police Department
total display area in a building.
4
Sales of alcoholic beverages shall be inade 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 ofthe licensee shall be removed
or painted over within 24 hours of being applied.
7
The petitioner(s) shall police the area Linder their control in an effort
Police Department
to prevent the loitering of persons around the premises.
8
There shall be no amusement machines or video gangue devices
Police Department
maintained upon the prernises at any time.
9
The petitioner(s) shall be responsible for maintaining free of litter
Police Department
the area adjacent to the prernises over which they have control, as
depicted.
10
Managers/Owners shall call the Department of'Alcoholic Beverage
Police Department
Control and obtain 1,EAD (Licensee Education on Alcohol and
Drugs Program) Training for themselves and register employees.
The contact number is 714-558-4101.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
11
The seven parking spaces in the parking structure reserved for the retail
Planning and Building
space shall be identified as "Reserved Parking for the Comer Shop"
Department,
prior to opening of the retail store.
Planning Services
Division
12
Window signs shall comply with the maximum area allowed by the
Planning and Building
Zoning Code. At no time shall window signs exceed 20% of the
Department,
window area.
Planning Services
Division
13
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
pen -nits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required pen -nits or
may result in the revocation of the approval of this application.
14
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
Division
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,
15
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 Department
Planning Services
and as conditioned herein.
Division
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