Legislation Details

File #: 25-1006    Version: 1
Type: Public Hearings Status: Agenda Ready
In control: City Council
On agenda: 6/11/2025 Final action:
Title: Public Hearing - An Appeal of the Planning Commission's April 2, 2025 Denials of Case Nos. 2024-0176 and 2024-0220; Conditional Use Permits to convert existing ABC Type 20 Licenses (Off-Sale Beer and Wine) to ABC Type 21 Licenses (Off-Sale General) at 9001 Bolsa Ave and 8990 Bolsa Avenue respectively. * Staff Report * Comments or Presentation from Applicant (If Applicable) * Mayor and City Council Questions for Staff * Public Comments * Mayor and Council Member Discussion * Council Action
Attachments: 1. Attachment 1 - City Council Resolution XXXX, 2. Attachment 2 - City Council Resolution ####, 3. Attachment 3 - Application for Review, 4. Attachment 4 - April 2, 2025 Planning Commission Staff Report, Case-2024-0176, 5. Attachment 5 - April 2, 2025 Planning Commission Staff Report, Case 2024-0220, 6. Attachment 6 - Planning Commission Resolution 25-004, 7. Attachment 7 - Planning Commission Resolution 25-005

Westminster City Council

 

SUBJECT

 

Title

Public Hearing -  An Appeal of the Planning Commission's April 2, 2025 Denials of Case Nos. 2024-0176 and 2024-0220; Conditional Use Permits to convert existing ABC Type 20 Licenses (Off-Sale Beer and Wine) to ABC Type 21 Licenses (Off-Sale General) at 9001 Bolsa Ave and 8990 Bolsa Avenue respectively.

•                     Staff Report

•                     Comments or Presentation from Applicant (If Applicable)

•                     Mayor and City Council Questions for Staff

•                     Public Comments

•                     Mayor and Council Member Discussion

•                     Council Action

End

publichearing

End

 

From:                                          Sheri VanderDussen, Interim Community Development Director

Requested by:                     Vice Mayor Carlos Manzo, District 2

Prepared by:                     Ken Fichtelman, Principal Planner

____________________________________________________________

 

RECOMMENDED ACTION

 

Recommendation

Staff recommends that the City Council consider all evidence and either:

 

1.                     Take no action, thereby upholding the denial of the Conditional Use Permits and affirming that the Public Convenience and Necessity findings cannot be made; or

 

2.                     Consider and adopt a Resolution (Attachments 1 and 2) to reverse the Planning Commission’s denials for each or either of Case Nos. 2024-0176 and 2024-0220, Conditional Use Permits to upgrade existing off-sale beer and wine licenses (ABC Type 20 license) to off-sale general licenses (ABC Type 21 license), including Public Convenience or Necessity determinations, for two existing convenience stores.

end

 

BACKGROUND

 

Case Nos. 2024-0176 and 2024-0220, located at 9001 Bolsa Ave. and 8990 Bolsa Ave. respectively, are both applications for Conditional Use Permits to upgrade existing off-sale beer and wine licenses (ABC license Type 20) to off-sale general licenses (ABC license Type 21).

 

The Planning Commission staff reports and attachments are provided as Attachments 4 and 5. On April 2, 2025, the Planning Commission held public hearings to consider the two applications and considered written and oral comments, facts, and evidence presented by City staff, the applicant, and other interested parties.  After the public hearings were closed and following deliberation, the Planning Commission voted to deny the two Conditional Use Permit applications by 3-1 votes, finding that there were already a number of retail stores within the area that possessed Type 21 ABC licenses and that the Public Convenience and Necessity was not met due to the other locations available nearby for the purchase of liquor and spirit based beverages. On May 7, 2025, revised resolutions for denial, which memorialized the April 2 votes and reasons for denial for each application, were presented to the Planning Commission for adoption (Attachments 6 and 7). On May 16, 2025, Vice Mayor Carlos Manzo filed an appeal in accordance with WMC Chapter 17.640, requesting that the City Council review the decisions made in both cases by the Planning Commission (Attachment 3).

 

The Mayor and City Council's review of the two projects is conducted as a de novo hearing. This means that this review is not limited to considering a specific reason raised in an appeal; the City Council may consider the entire project during its review of the Planning Commission’s decision.

 

It is important to note that while the two items are being presented and heard during a single hearing, the City Council should consider the information presented and make decisions on each individual application. Individual resolutions to reverse the decision of the Planning Commission and approve each application have been prepared. If the City Council wishes to uphold the decision of the Planning Commission, a motion to take no action on the appeal is appropriate.

 

 

 

FISCAL IMPACT

 

There are no significant fiscal impacts associated with these actions.

LEGAL REVIEW

 

The City Attorney’s Office has reviewed as to form.

 

ATTACHMENTS

 

1.                     Proposed Resolution - Case No. 2024-0176

2.                     Proposed Resolution - Case No. 2024-0220

3.                     Application for Appeal

4.                     April 2, 2025 Planning Commission Staff Report and Attachments - Case No. 2024-0176

5.                     April 2, 2025 Planning Commission Staff Report and Attachments - Case No. 2024-0220

6.                     Planning Commission Draft Resolution 2025-0004

7.                     Planning Commission Draft Resolution 2025-0005

 

REVIEWED BY

 

Erin Backs, Finance Director

City Attorney’s Office

Christine Cordon, City Manager