Loading...
HomeMy WebLinkAboutPC 2017-17PLANNING COMMISSION RESOLUTION NO. 2017-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE ISSUANCE OF A CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 20 "OFF -SALE BEER AND WINE" LICENSE FOR A NEW SUPERMARKET ("SPROUTS FARMERS MARKET") LOCATED AT 239 S. DIAMOND BAR BOULEVARD ("PREMISES") WOULD SERVE THE PUBLIC CONVENIENCE OR NECESSITY. A. RECITALS Sprouts Farmers Market ("Applicant') has filed an application with ABC for a Type 20 license ("License"). If granted, the requested License would authorize the retail sale of beer and wine for off-site consumption from the Premises. 2. California Business and Professions Code ("BPC") Section 23958.4(a) defines "undue concentration" as a situation wherein the proposed premises for an ABC off -sale license is located in an area where any of the following conditions exist: a. The applicant premises is located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. b. The ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off - sale retail licenses to population in the county in which the applicant premises are located. 3. BPC Sections 23958 et seq. set forth provisions for the granting of ABC licenses in locations subject to undue concentration if the local governing body in which the applicant premises is located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. 4. On January 17, 2006, the City Council adopted Resolution 2006-04, which delegated to the Planning Commission the duties of determining whether a finding of public convenience or necessity warrants the issuance of an ABC license. 5. The issuance of the requested License would result in undue concentration in that the Premises is located within a crime reporting district that has a 27.5 percent greater number of reported crimes than the average as prescribed under BPC Section 23958.4(a). 6. On July 25, 2017, the Planning Commission of the City of Diamond Bar reviewed said application prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the finding of public convenience or necessity and subsequent issuance of the License to be exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Section 15061(b)(3) of the CEQA Guidelines, in that it can be seen with reasonable certainty that the issuance of the License will not have a significant effect on the environment. Alcohol sales would be ancillary to the sale of food and sundry items, and would have a negligible additive effect on impacts normally associated with retail sales, such as traffic trip generation and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a. The , Premises has a General Plan land use designation of General Commercial (C) and zoning designation of Regional Commercial (C-3). b. The sale of beer and wine for offsite consumption is a permitted use within the C-3 zoning district. c. The Premises is located within the Los Angeles County Law Enforcement Reporting District 2922. Diamond Bar is nationally recognized for being one of the safest cities in the country. The Los Angeles County Sheriff's Department (LASD) Diamond Bar/Walnut Station has confirmed that Reporting District 2922 is not a "high crime" area by any metric used by the LASD. Moreover, the census tract/reporting district encompasses more than 550 acres and is bounded by Grand Avenue, the 57/60 Freeway and Diamond Bar Boulevard, is characterized by high traffic counts, and reaches into the City's busiest commercial areas. The number of "reported crimes" (a broad category) is already relatively low, especially given the reporting district's geographic characteristics, so a 27.5 percent increase above the average is in reality a small number. d. The previous occupant of the Premises was a Kmart store, which held an ABC Type 20 license from August 1975 until the store closed in December 2014. The off -premise sale of alcohol from the Kmart never resulted in a reported incident that was harmful or potentially harmful to the peace, health, safety or general welfare of the community. e. There are four other supermarket chain stores in Diamond Bar: Smart & Final Extra!, Super H -Mart, Albertsons, and Walmart Neighborhood Market. Each of these other supermarkets possesses an ABC Type 21 license. There are also 2 PC Resolution No. 2017-17 nine businesses with an ABC Type 20 license, including the Chevron/Extra Mile and Shell/7-Eleven directly across the street from the Premises. Denial of the requested ABC Type 20 license would: 1) place Sprouts Farmers Market at an unfair competitive disadvantage with these other supermarkets and stores; 2) limit pricing and selection comparison opportunities for Diamond Bar residents; and 3) be inconvenient for Diamond Bar residents who choose to purchase groceries and sundry items at Sprouts Farmers Market, but then must patronize another retailer for alcoholic beverage purchases. Sprouts Farmers Market has in place robust policies to manage the merchandising, promotion and sale of alcoholic beverages. The City believes that adherence to these policies will safeguard the community from the potential negative effects of on -premises consumption of alcoholic beverages. ABC will also impose and monitor compliance with conditions of licensure as it does with any other ABC license type. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Diamond Springs, LLC, c/o Excel Property Management Services, Inc., 9034 W. Sunset Blvd., West Hollywood, CA 90069, and applicant, Terri Dickerhoff, 1120 Manzanita Street, Los Angeles, CA 90029. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2017, BY THE PLANNING COMMISSION OF THE /CII,T�Y OF DIAMOND BAR. By: Raymond Vvolfe, ChairnWh I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25th day of July, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary PCN Finding No. 2017-39