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
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publichearing
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From: Sheri VanderDussen, Interim Community Development Director
Requested by: Vice Mayor Carlos Manzo, District 2
Prepared by: Ken Fichtelman, Principal Planner
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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.
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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