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Resolution-PC 2018-008RESOLUTION NO. PC2018-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 TO PERMIT A TYPE 40 (ON SALE BEER) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00121) (1652 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. 2018-00139 for a new "Type 40" On Sale Beer Alcoholic Beverage Control (ABC) license to permit the sale of beer for on-site consumption within an existing entertainment venue ("Chain Reaction") for certain real property located at 1652 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. 2018-00139 is proposed in conjunction with a request for Conditional Use Permit No. 2009-05412B, now pending, which together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 1.34 acres, is developed with a commercial building which includes the subject 4,340 square -foot entertainment venue. The Anaheim General Plan designates the Property for General Commercial 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 February 21, 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 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 - I - PC2018-008 WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, 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 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. 2018-00139, 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; or (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. - 2 - PC2018-008 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 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. This property is located within Census Tract No. 871.05, which has a population of 4,635 that allows for five on -sale licenses. There are presently three licenses in the tract. The property is within Police Reporting District No. 1722, which has a crime rate that is 44 percent above the citywide average. The Police Department evaluates these requests based on the crime rate within a one-quarter (1/4) mile radius of the subject site. The crime rate within a one-quarter mile radius of this property was 210 percent 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 for this ABC license request. 6. The request to permit beer sales for on-site consumption in conjunction with an existing entertainment venue 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 existing business is a long-standing live music venue that provides a unique entertainment experience for the community, and has been operating responsibly for approximately 20 years. The proposed ABC license will allow the existing business to retain their market competitiveness, and would be compatible with the neighborhood with incorporation of the existing and new conditions of approval. 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; and 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. 2018-00139, contingent upon and subject to (i) approval of Conditional Use Permit No. 2009-05412B, now pending, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which -3 - PC2018-008 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 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 February 21, 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 apl. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-008 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 February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 st day of February, 2018. -lk� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-008 EXHIBIT "A" DEV NO. 2017-00121 APN: 250-091-07 N Mq� cH STER Cj U W Z w W LINCOLN AVE 222• N � V7 CN N N 220' J V LU W PAMPAS LN oo so ioo Source: Recorded Tract Maps and/or City GIS. Feer Please note the accuracy is +/- two to five feet. - 6 - PC2018-008 EXHIBIT "B" DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 (DEV2017-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGES SALES (ON SITE BEER) 1 ID shall be checked at the door and wristbands shall be issued to all Police Department patrions 21 and over. 2 Patrons with a wristband may purchase one beer at a time. One beer Police Department per purchase per wristband. 3 There shall be no in/out privileges. If patrons leave the building they Police Department must leave the premises. 4 Subject alcoholic beverage license shall not be exchanged for a public Police Department premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 5 There shall be no exterior advertising of any kind of type, including Police Department advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 6 Beer may be consumed only within the building. No beer is allowed in Police Department any outdoor area. 7 The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy (Section 24200.5 Alcoholic Beverage Control Act). 8 Managers and/or owners shall contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training for themselves and service employees. The number is (714)558-4101. 9 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. 10 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premieses over which they have control, as depicted. - 7 - PC2018-008 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The number of persons shall not exceed the maximum occupancy load Police Department as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the mian exit from the room (Section 25.114 (a) Uniform Fire Code). 12 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 13 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the lotering of persons about the premises. 14 A security plan shall be submitted to the Police Department for review Police Department and approval. Such security plan shall include security measures to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood, including excessive noise created by patrons entering or leaving the premises. 15 The door(s) shall be kept closed at all times during the operation of the Police Department business except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 16 Parking lots, driveways, circulation areas, aisles, passageways, Police Department recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 17 The petitioner(s) shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that read as follows: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two (2) feet square with two inch block lettering. The sign shall be in English and Spanish. GENERAL CONDITIONS 18 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 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. - 8 - PC2018-008 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 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. 20 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 - 9 - PC2018-008