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PC 2019/05/13 City of Anaheim Planning Commission Agenda Monday, May 13 , 2019 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Michelle Lieberman • Chairperson Pro-Tempore: Kimberly Keys • Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Planning Commission Appointments:  Representatives for the Utilities Underground Conversion Subcommittee • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, May 9, 2019, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 05-13-2019 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Planning Commission Appointments Request for consideration of appointments for two representatives to serve on the Utilities Underground Conversion Subcommittee (UGC Subcommittee). Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 05-13-2019 Page 3 of 5 Consent Calendar There will be no separate discussion on the item prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 4156D (DEV2018-00055) Location: Site A: 5401–5449 East La Palma Avenue Site B: 5401, 5403, 5425, 5427, 5429, and 5431 East La Palma Avenue Request: The applicant requests a six-month compliance review to review the location and number of outdoor vehicle spaces for display, retail sales, and service/repair, an offsite Shared Parking Agreement, and the implementation of a Parking and Transport Delivery Plan in conjunction with an existing automotive dealership (Rusnak Jaguar/Land Rover). Motion Project Planner: Lucita Tong LTong@anaheim.net 05-13-2019 Page 4 of 5 Public Hearing Item ITEM NO. 2 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00146 (DEV2019-00025) Location: 3430 West Lincoln Avenue Request: The applicant requests a Determination of Public Convenience or Necessity to allow the sale of beer and wine for off-site consumption (Type 21 Alcoholic Beverage Control (ABC) license) in conjunction with a new supermarket in an existing shopping center (Grocery Outlet). Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Lucita Tong LTong@anaheim.net Adjourn to Wednesday, May 29 , 2019 at 5:00 p.m. 05-13-2019 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. May 8, 2019 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 13, 2019 SUBJECT: CONDITIONAL USE PERMIT NO. 4156D LOCATION: 5401, 5403, 5425, 5427, 5429, and 5431 East La Palma (Anaheim Hills Jaguar/LandRover) APPLICANT/PROPERTY OWNER: The applicant is Len Silvernail of Anaheim Hills Jaguar/Land Rover, Inc. The property owner is Uyemura Living Trust and Sachi E. Uyemura Living Trust. REQUEST: The applicant requests a six month compliance review of a conditional use permit to review the location and number of outdoor vehicle spaces for display, retail sales, and service/repair, an off-site Shared Parking Agreement, and the implementation of a Parking and Transport Delivery Plan in conjunction with an existing automotive dealership. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, receive and file the six month review of Conditional Use Permit No. 4156D. BACKGROUND: This 13.2-acre property is developed with two automotive dealerships and various industrial businesses within a multi-tenant business complex. The property is located in the Anaheim Canyon Specific Plan zone, Development Area 1 (Industrial Area). The site is designated for Industrial land uses by the General Plan. The property is surrounded by railroad tracks and multi-family residences to the north, Mercedes Benz dealership to the west, industrial businesses to the south across La Palma Avenue, and a medical office building and industrial businesses to the east. Conditional Use Permit No. 4156 was originally approved by the Planning Commission in 1999 to establish an automobile dealership at 5425-5427 East La Palma Avenue. Anaheim Hills Jaguar Land Rover, Inc. took over the location in August 2012 and has since been selling and leasing new and used cars, providing auto repair services, and selling retail parts to customers. The auto dealership business occupies six units totaling 65,240 square feet within the 22-unit Canyon Commerce Center. CONDITIONAL USE PERMIT NO. 4156D May 13, 2019 Page 2 of 3 In January 2018, the Code Enforcement Division received a complaint from a neighboring business owner regarding numerous auto transport and flatbed tow trucks blocking entrances when loading and unloading cars to the automobile dealership. Some of these trucks were also observed parking along La Palma Avenue. The complaint also included reports of excess storage of vehicles on the property for display and servicing that did not adhere to the conditions of approval. Code Enforcement issued a courtesy notice in January 2018 and a revised notice in February 2018. A Civil Notice was issued to the business and the property owners in March 2018. In May 2018, the applicant submitted an application to amend their CUP to address these issues. On October 29, 2018, the Planning Commission approved Conditional Use Permit No. 4156D which amended the existing CUP by identifying parking spaces by use type (display, sales, service, and customer parking) and adjusting the restriction of vehicles that can be parked outdoors overnight. The commission also approved a Shared Parking Agreement at 5515 East La Palma to be used as an off-site location for employee parking. Due to concerns by neighboring businesses, the applicant submitted a Parking and Delivery Transport Plan as part of the CUP application. AERIAL MAP PROPOSAL: Condition No. 18 of Resolution 2018-054 (attached), requires a six month review of the conditional use permit by the Planning Commission as a “Reports and Recommendations” (R&R) item to determine if the auto dealership is operating without negative impacts to the surrounding businesses and is in compliance with all conditions of approval. In particular, the six month review is intended to ensure that the Parking and Delivery Transport Plan is properly implemented and followed. CONDITIONAL USE PERMIT NO. 4156D May 13, 2019 Page 3 of 3 Since the Planning Commission approval on October 29, 2018, staff has not received any complaints about parking or circulation issues on or off-site. Planning and Code Enforcement staff conducted a follow-up site inspection to monitor progress on April 24, 2019. The applicant has made progress toward compliance with all conditions. As evidenced in the photos attached to this report, the applicant has installed additional signage (Condition No. 5) to identify the correct entryway for transport delivery vehicles and designated a reserved auto parts parking space and a tow-truck space for the service department. Staff also contacted the applicant, the association president of the business complex, and the attorney representing five of the property owners to determine if any issues have been observed since the CUP amendment was approved. They have indicated that the Parking and Transport Deliver Plan is working out well. As required in Condition No. 11, the applicant is finalizing the Shared Parking Agreement with the City Attorney for it to be recorded at the County Recorder’s Office. Per Condition No. 13, the property owner has also submitted a letter (Attachment 4) to terminate all previously approved CUP entitlements, thereby allowing CUP4156D to supersede all previous entitlements. CONCLUSION: The permitting of the automotive dealership’s location and number of outdoor vehicle spaces for display, retail sales, and service/repair has not created a nuisance to existing businesses in the center, nor has it adversely affected the adjacent businesses. The off-site Shared Parking Agreement and the implementation of a Parking and Transport Delivery Plan has been operating effectively. Staff has found the operation of the automobile dealership to be in compliance with the conditions of approval, and recommends that the Planning Commission receive and file this six month review. Prepared by, Submitted by, Lucita Y. Tong David See Contract Planner Principal Planner Attachments: 1. Planning Commission Resolution No. 2018-054 2. Parking and Auto Transport Delivery Plan 3. Site Inspection Photographs 4. Letter from Property Owner to terminate prior CUPs SP 2015-1DA1MERCEDES BENZCAR DEALERSHIP SP 2015-1DA1MERCEDES BENZCAR DEALERSHIP SP 2015-1DA1Canyon Commerce Center – Jaguar/LandRover Dealership SP 2015-1DA1INDUSTRIAL SP 2015-1DA1ANAHEIMHILLSHEALTHPLAZA SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1MERCEDES BENZCAR DEALERSHIP SP 2015-1DA1CANYONOFFICECENTER SP 2015-1DA1CANYONOFFICECENTER E L A P A L M A A V E E ORANGETHORPE AVE N B R A S H E R S T E HUNTER AVE E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V I E W A V E E. ORANGETHORPE AVE E .S A N T A A N A C A N Y O N R D E .L A P A L M A A V E E.S A N T A A N A CA N Y O N RD5401-5 4 4 9 E L a P a lm a A ve a n d5401, 5 4 0 3 , 5 4 2 5 , 5 4 2 7 , 5 4 2 9 , a n d 5 4 3 1 E a st l a P a lm a A ve D E V N o . 2 0 1 8 -0 0 05 5 Subject Property APN: 346-261-06 °0 50 100 Feet Aerial Pho to:May 20 16 E L A P A L M A A V E E ORANGETHORPE AVE N B R A S H E R S T E HUNTER AVE E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V I E W A V E E. ORANGETHORPE AVE E .S A N T A A N A C A N Y O N R D E .L A P A L M A A V E E.S A N T A A N A CA N Y O N RD5401-5 4 4 9 E L a P a lm a A ve a n d5401, 5 4 0 3 , 5 4 2 5 , 5 4 2 7 , 5 4 2 9 , a n d 5 4 3 1 E a st l a P a lm a A ve D E V N o . 2 0 1 8 -0 0 05 5 Subject Property APN: 346-261-06 °0 50 100 Feet Aerial Pho to:May 20 16 ATTACHMENT NO. 1 Parking Plan & Auto Transport Delivery ATTACHMENT 2 Site Inspection Photos Figure 1. Driveway Signs Figure 2. Reserved Parking for Parts Store Customers Figure 3. Directional Sign ATTACHMENT NO. 3 Figure 4. Transport Truck Loading Zone ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 13, 2019 SUBJECT: PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146 LOCATION: 3430 West Lincoln Avenue (Grocery Outlet) APPLICANT/PROPERTY OWNER: The applicant is Grocery Outlet. The agent representing the applicant is Steve Rawlings of Rawlings Consulting. The property owner is Premiere Management LLC, represented by Young Lee. REQUEST: The applicant is requesting a Determination of Public Convenience or Necessity to permit the sales of alcohol for off-site consumption in conjunction with a new supermarket in an existing shopping center. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Public Convenience or Necessity No. 2019-00146. BACKGROUND: The subject 2-acre property is part of an integrated 6-acre shopping center on five separate parcels at the southeast corner of Knott Avenue and Lincoln Avenue. The supermarket will be located within an existing 26,414 square foot tenant space. The property is located in the “C-G” General Commercial zone. The General Plan designates this shopping center for Neighborhood Center land uses. Surrounding uses include a self storage facility to the south, a motel to the east, and commercial uses to the west and north. PROPOSAL: The applicant proposes to sell alcoholic beverages for off-premise consumption within a new Grocery Outlet market that is slated to open this summer. This type of alcohol sales requires a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license. The 26,414 square foot market, which was formerly occupied by a Stater Brothers market, would sell various groceries, frozen foods, deli items, vitamins, health and beauty products, and housewares. A small portion of the grocery section located near the front of the store would contain beer, wine, and distilled spirits. The applicant’s letter of request indicates that alcohol sales are expected to generate less than five percent of the store’s gross sales. The market would be open from 7:00 a.m. to 10:00 p.m., daily. The store would be staffed with approximately 35-40 employees. PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146 May 13, 2019 Page 2 of 3 FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation. Determination of Public Convenience or Necessity: In the General Commercial zone, off-sale alcoholic beverages is a permitted accessory use when integrated within a large market over 10,000 square feet. State law limits the issuance of alcoholic beverage licenses when located in a police reporting district with a crime rate above the City average, or when there is an over- concentration in the number of ABC licenses within a census tract. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve "public convenience or necessity." A Determination of Public Convenience or Necessity is required in this case because this property is located within a reporting district with a high crime rate; there is also an over-concentration of licenses in the census tract, as described in more detail below. Census Tract and Police Reporting District Map  The property is located within Census Tract No. 869.01 which has a population of 8,725. Currently there are six off-sale licenses and in the census tract and only five are allowed. This location is within Police Reporting District No. 1714 which is 184% above the city average in crime. Even with the store not open, there have been 28 calls for service to this location in the past year; 22 of those calls were related to transient and homeless trespassing. The 1/4 mile radius surrounding this location is 160% above the city average in crime. According to the Police Department, this portion of the community is known to have a higher loitering and transient PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146 May 13, 2019 Page 3 of 3 population as compared to other areas of the City, which explains why the majority of calls for service were related to trespassing. The ability to sell alcohol would help meet the demands of patrons who are shopping for other goods within the supermarket by offering them a one-stop shopping experience. The applicant proposes to implement measures to discourage loitering and other unwelcome or illegal behavior. This includes the use of security guards, cameras, and required training for employees. The Police Department recommends conditions of approval that correspond with these operational proposals, as well as prohibiting single sale alcohol purchases to deter theft. Staff believes the proposed sales of alcoholic beverages at the store would provide a convenience to meet the needs of the local and regional population; therefore, staff recommends approval of the Public Convenience or Necessity request. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists 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 the lead agency's determination. The proposed project meets these criteria. Pursuant to Sections 15300.2 and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: The proposed sale of alcoholic beverages for off-premise consumption within the proposed large market will provide a convenience to local and regional shoppers, and the applicant will implement measures to discourage loitering and other unwelcome or illegal behavior on the property. Staff recommends approval of this request. Prepared by, Submitted by, Lucita Y. Tong David See Contract Planner Principal Planner Attachments: 1. Draft Public Convenience or Necessity Resolution 2. Letter of Request and Justification 3. Police Department Memorandum 4. Plans 5. Photographs 6. PCN (Off-sale) Alcohol License Map C-G DEV 2019-00016 RETAIL RM-4 GLEN FOREST APTS 34 DU C-G SERVICE STATION T MEDICAL OFFICE RM-4 APTS 9 DU RM-4 APTS 8 DU RM-4 APTS 8 DU RM-4 APTS 8 DU RM-4 APTS 8 DU RM-4 APTS 9 DU C-G SELF STORAGE FACILITY C-G RETAIL RM-4 APARTMENTS 64 DU RM-4 APARTMENTS 64 DU C-G RETAIL C-G RETAIL C-G MOTEL C-G MOTEL RM-4 APARTMENTS 35 DU RM-4 APARTMENTS 90 DU RM-4 APARTMENTS 90 DU RM-4 APARTMENTS 28 DU C-G MOTEL RM-4 APTS 36 DU RETAIL RETAIL MEDICAL OFFICE W LIN COLN AVE S K N O T T A V E K N O T T A V E W LIN COL N AVE W D EL M ON TE DR S B E L L A V I S T A S T W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . K N O T T A V E S . B E A C H B L V D W. LINCOLN AVE 3430 Wes t Linc oln Av enue DE V N o. 2019-00025 Subject Property APN: 135-331-24 °0 50 100 Feet Aerial P hoto: May 2018 BUENA PARK W LI NCOLN AVE S K N O T T A V E K N O T T A V E W LI NCOLN AVE W DE L M ON TE D R S B E L L A V I S T A S T W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . K N O T T A V E S . B E A C H B L V D W. LINCOLN AVE 3 4 3 0 W e s t L i n co l n A ve n u e D E V N o . 2 0 1 9 -0 0 0 2 5 Subject Property APN: 135-331-24 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 BUENA PARK [DRAFT] ATTACHMENT NO. 1 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00025) (3430 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. 2019-00146 to permit the sales of alcoholic beverages for off-site consumption in conjunction with a proposed supermarket (herein referred to as the "Proposed Project") for certain real property located at 3430 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, the Property, consisting of approximately two acres, is developed with a commercial shopping center. The Anaheim General Plan designates the Property for Neighborhood Center land uses. The Property is located within the General Commercial (C-G) Zone and is, therefore, subject to the zoning and development standards set forth in Section 18.08.030 (Uses) of Chapter 18.08 of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 13, 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 said proposed Public Convenience or Necessity No. 2019-00146, and to investigate and make findings and recommendations in connection therewith; and 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 Proposed Project is 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 Public Convenience or Necessity No. 2019-00146, does find and determine the following facts: - 2 - PC2019-*** 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 Police Reporting District that has a 184 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 does not exceed 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. 869.01 with a population of 8,725 that allows for five off-sale ABC licenses. There are presently six off-sale ABC licenses in the tract. The Property is located in a Police Reporting District which has a crime rate that 184 percent above 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 ¼ mile of this Property is 160 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 property is within a high crime area, a determination of "public convenience or necessity" is required to be made for this request. - 3 - PC2019-*** 6. The proposed sale of alcoholic beverages for off-premise consumption in conjunction with a large market over 10,000 square feet is a compatible use within the surrounding area and is consistent the goals of the Neighborhood Center land use designation. In addition, the ability to sell alcohol would help meet the demands of patrons who are shopping for other goods and would offer them a one-stop shopping experience. 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, subject to compliance with the conditions of approval contained herein. 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, th e 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. 2019-00146, contingent upon and subject to the conditions of approval described 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. - 4 - PC2019-*** 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 May 13, 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 May 13, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of May, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-*** - 6 - PC2019-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00146 (DEV2019-00025) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Managers / Owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 714-558-4101. Police Department 2 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 3 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 5 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 6 The business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 7 There shall be no pay to play amusement machines or video game devices maintained upon the premises at any time. 8 The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the submitted plans. 9 There shall be no exterior advertising or sign of any kind or 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. Police Department 10 The business owner shall post and maintain a professional quality 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. Police Department - 7 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 Beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. No single sales allowed. Craft Brews are permitted in single sales but must be kept in a locked cabinet. An employee shall remove the beer and take it to the register for purchase. Police Department 12 The business owner and/or property owner shall police the area under their control in an effort to prevent loitering of persons around the premises. A security plan shall be submitted to the Police Department, Vice Detail, for review and approval. Said plan shall propose additional security measures to the satisfaction of the Police Department. Police Department 13 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 14 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department 15 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all 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. Planning Department ATTACHMENT NO. 2 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Lucita Tong/Planning Department Case No.: DEV 2019-00025/PCN2019-00146 Grocery Outlet 3430 W. Lincoln Ave. Date: April 1, 2019 From: Lieutenant Kelly Jung Anaheim Police Department Vice, Narcotics, and Criminal Intelligence Section Commander Contact: Name: Civilian Investigator Michele Murray Phone: 714-765-1461 Email: mmurray@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: The Police Department has received an I.D.C. Route Sheet for DEV 2019-00025. The request is for a determination of public convenience or necessity for an off-sale Type 21 Alcoholic Beverage Control license with a proposed “market-large.” The location is in Census Tract Number 869.01 which has a population of 8,725. This population allows for 10 on-sale Alcoholic Beverage Control licenses and there are presently 0 licenses in the tract. It also allows for 5 off-sale licenses and there are presently 6 licenses in the tract. This location is within Reporting District 1714 which is 184% above the city average in crime. There have been 28 calls for service to this location in the last year and they consisted of: 22 homeless/transient issues, 1 lost and recovered phone, 1 found property, 1 assault, 1 disturbance, and 1 narcotics/drunk in public. The ¼ mile radius surrounding this location is 160% above the city average in crime. The calls for service primarily consisted of: 30 petty thefts, 29 simple assaults, 28 burglaries, and 15 vandalisms. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit: 1. Managers / Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 714-558-4101. Police Department ATTACHMENT NO. 3 2. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 3. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 5. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours. Police Department 6. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 7. There shall be no pay to play amusement machines or video game devices maintained upon the premises at any time. Police Department 8. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 9. There shall be no exterior advertising or sign of any kind or 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. Police Department 10. The Petitioner(s) shall post and maintain a professional quality 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. Police Department 11. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. No single sales allowed. Police Department 12. Petitioner(s) shall provide 1 uniformed security guard from 6:00a.m. - 8:00a.m. and 6:00p.m. - 11:00p.m. daily. Police Department    ATTACHMENT 4   ATTACHMENT 5 ATTACHMENT 5 Adjacent East Property Adjacent West Property ATTACHMENT 5 Adjacent North Property Adjacent South Property BE A C H B L V D WE S T E R N A V E ORANGE AVE KN O T T A V E STAN T O N AVE ST A N T O N AV E LINCOLN AVELINCOLN AVE BALL RD BE A C H B L V D 4910 Type 21 Off-Sale General Type 20 Off-Sale Beer and Wine Key to Features Police Reporting District 1714 Census Tract 869.01 Subject Site City Boundary City of AnaheimGIS CentralMay 05, 2019 °0 500 1,000 Feet1 inch = 1,042 feet ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.