Resolution-PC 2019-018RESOLUTION NO. PC2019-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING PUBLIC
CONVENIENCE OR NECESSITY NO. 2019-00144 TO PERMIT
A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2015-00116)
(5706 EAST LA PALMA 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. 2019-00144 for a new "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC)
license to permit the sale of beer and wine for off -premise consumption within a proposed service
station convenience store ("Project") for certain real property located at 5706 East La Palma
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. 2019-00144 is proposed in conjunction
with a request for Conditional Use Permit No. 2015-05835 and Variance 2017-05091, now
pending, which together with the Project, shall be referred to herein collectively as the "Proposed
Project"; and
WHEREAS, the Property, consisting of approximately 0.43 acres, is vacant. The Anaheim
General Plan designates the Property for General Commercial land uses. The Property is located
within the "SP -2015-1" Anaheim Canyon Specific Plan, Development Area 5 (General
Commercial) Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) 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 April 1, 2019 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
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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 32 — In -Fill
Development) which consists of in -fill projects that are consistent with applicable general plan
designation and all applicable general plan polices as well as with applicable zoning designation
and regulations, that the project occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses, the project site has no value as habitat for
endangered, rare or threatened species, the project will not result in any significant effects relating
to traffic, noise, air quality or water quality, and the site can be adequately served by all required
utilities and public service; and that, therefore, pursuant to Section 15303 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.
2019-00144, 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 below the
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 is below 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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I 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. 218.07 with a population of
4,131 that allows for two off -sale ABC licenses. There are presently two off -sale ABC licenses in
the tract. The Property is located in Police Reporting District No. 1239, 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 forty-eight percent above the City-wide average based upon calls
for service. Since there would be an overconcentration of off -sale licenses in the census tract
(inclusive of the proposed license) 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 permit beer and wine sales for off -premises consumption in
conjunction with a convenience 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 Proposed
Project is compatible with the nearby commercial developments and is intended to serve the area
residents, businesses, and customers visiting the establishment to purchase fuel; 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
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Public Convenience or Necessity No. 2019-00144, contingent upon and subject to (i)
approval of Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091, 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
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 1, 2019. 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. �----------------------
ATTEST:
—�
ATTEST:
OF ANAHEIM
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 1, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I" day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
D E w NO. 2015-00116
APN: 349-081-68
E LA PALMA AVE
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EXHIBIT `B"
DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2019-00144
(DEV2015-00116)
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
No display of alcoholic beverages shall be located outside of a building
Police Department
or within five (5) feet of any public entrance to the building.
2
The cashier register closest to the entrance doors shall be always be
Police Department
functional and operational by employees, especially if there is only one
cashier on duty.
3
The Applicant shall install and maintain television screens and cameras
Police Department
so that all cashiers will have adequate visibility of the convenience store
entrance.
4
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.
5
The area of alcoholic beverage displays shall not exceed 25% of the
Police Department
total display area in a building.
6
Sales of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
7
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
8
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.
9
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
10
There shall be no amusement machines or video game devices
Police Department
maintained upon the premises at any time.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premises over which they have control, as depicted.
12
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.
13
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
14
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 permits
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
15
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
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.
16
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
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