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Resolution-PC 2022-049 - 1 - PC2022-049 RESOLUTION NO. PC2022-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PERMIT NO. 2021-00224 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00224) (2429 East Ball Road) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve (i) a conditional use permit and (ii) a determination of public convenience or necessity to permit the sales of alcoholic beverages for off-premises consumption (Type 21 Off-Sale General ABC License) in conjunction with a new liquor store (referred to herein as the "Proposed Project"), at a certain real property located at 2429 East Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 10,500 square feet in area and is developed with an approximately 2,274 square foot one-story commercial building. The Property is designated for Residential- Medium land uses by the Anaheim General Plan. The Property is located in the "C-G" Commercial General Zone and is, therefore, subject to the zoning and development standards set forth in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (“AMC”); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28, 2022 at 5:00 p.m. and 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 AMC, to hear and consider evidence for and against proposed Development Permit No. 2021-00224 and to investigate and make findings and recommendation 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the 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 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 - 2 - PC2022-049 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 conditional use permit, does find and determine the following: 1. The proposed sales of alcoholic beverages for off-premises consumption in conjunction with a liquor store is an allowable use within the "C-G" General Commercial Zone under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2. The Proposed Project would be located within a 2,274 square foot single-tenant one-story commercial building on a 10,500 square foot property. The sale of alcoholic beverages (beer, wine, and spirits) for off-premises (off-sale) consumption in conjunction with a convenience store will require a Type 21 Off-Sale General License from the State of California Department of Alcohol Beverage Control (ABC) which are issued for grocery stores, markets, liquor stores, and convenience stores. The applicant has operated the His Nibs Liquor and Deli at 2501 E. Ball Road (northeast corner of Ball Road and Sunkist Street) for the past 30 years. The applicant intends to move his existing liquor store to the subject location, which is 300 feet west of his existing location. In addition to liquor sales, the store would offer everyday items such as snacks, soft drinks and a limited grocery selection. The business would have two full time employees and one part time employee, with one employee on the morning shift and two employees for the night shift. The liquor store’s hours of operation would be 7:00 am to 11:00 pm Monday through Thursday; 7:00 am to 12:00 am Friday and Saturday; and 8:00 am to 10:00 pm Sundays. The Proposed Project will result various improvements to the property and building including the following: restripe the parking lot to comply with City parking standards; a new code compliant trash enclosure; new landscaping at the street frontage; removal of an existing nonconforming pole sign; a new storefront entry and storefront glass; painting of the building; new code compliant signage; a new loading area; a new accessible path of travel from sidewalk to store entry; and interior improvements including shelving, coolers, stock room, and ADA compliant restrooms. As outlined herein, the Proposed Project will operate in a manner consistent with the applicant’s existing operation and similar type uses and the subject site would be physically improved. Therefore, subject to the imposed conditions of approval, the Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. 3. The Proposed Project will provide various aesthetic and code required improvements to the site and building, but does not involve any expansion of the existing building. The proposed hours of operation are typical for similar types of uses. The existing parking lot will be re-striped and reconfigured to meet current code standards and the proposed use will meet the zoning code required parking. As such, with implementation of the recommended conditions of approval, the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the area or health and safety. 4. The traffic generated by the use proposed under the conditions imposed, will not impose an undue burden upon the streets and highways. Access to the site is provided by an existing driveway off Ball Road. No modifications to the driveway would - 3 - PC2022-049 be required. The traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. It is not expected that the proposed use would increase the traffic load from the previous convenience store use. 5. The granting of the conditional use permit to allow the sale of alcoholic beverages for off-premises consumption in conjunction with a convenience store subject to the conditions of approval imposed will not be detrimental to the health and safety of the citizens of Anaheim and will provide an added convenience to the immediate neighborhood. Conditions imposed on the project will ensure that potential nuisances associated with the proposed use will be minimized, and the use would compatible with surrounding land uses; 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, 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 a 20 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 exceeds 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. - 4 - PC2022-049 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 on-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 subject site is in Census Tract Number 863.06 which has a population of 3,975. This population allows for five on-sale Alcoholic Beverage Control licenses and there are presently no licenses in the tract. It also allows for two off-sale licenses and there is presently one license in the tract. This subject site is within Reporting District 1828 which is 73% above the city average in crime. Since the crime rate is above the citywide average, a determination of public convenience or necessity is required. 6. The request to permit the sales of alcoholic beverage for off-premises consumption in conjunction with a convenience store subject to the conditions of approval imposed will not be detrimental to the health and safety of the citizens of Anaheim. The proposed use would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed and will provide an added convenience to the public by providing a location to purchase alcohol that is easily and safely reachable by foot and by patrons in vehicles coming from the surrounding neighborhood. In addition, the proposed location would replace the applicant’s existing location approximately 300 feet to the east, thereby allowing the applicant to maintain his existing customer base. Conditions imposed on the project will ensure that potential nuisances associated with the proposed use will be minimized, and the use would compatible to surrounding land uses. 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 guidelines 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, this 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 negate the findings made in this Resolution. This 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, pursuant to the above findings, this Planning Commission does hereby approve Development Permit No. 2021-00224 for a conditional use permit and a determination of public convenience or necessity, contingent - 7 - PC2022-049 - 8 - PC2022-049 EXHIBIT “B” DEVELOPMENT PERMIT NO. 2021-00224; (DEV2021-00118) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. The business shall be operated in accordance with the Letter of Request/Operations Letter submitted as part of this application. Any changes to the business operation, as described in that document(s), shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request/Operations Letter to ensure compatibility with the surrounding uses. Planning & Building Department, Planning Services Division 2. Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning & Building Department, Code Enforcement Division Police Department 3. The owner/operator shall install and use interior and exterior video surveillance to promote shopper and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the shopper. Police Department 4. The exterior of the building and parking lot shall be illuminated during all hours of darkness. Police Department 5. Trees and shrubs shall be pruned to allow visual access to all parts of the premises. Police Department 6. Entrance windows shall not be covered with posters and announcements that obstruct natural surveillance. Police Department 7. The hours of operation for the liquor store are Monday through Thursday 7am-11pm, Friday and Saturday 7am -12am, and Sunday 8am-10pm as stated by the applicant in the Operations Letter. The Police Department requests the hours of operation to remain the same to monitor calls for service. Police Department Planning & Building Department, Planning Services Division 8. No display of alcoholic beverages shall be located outside of a building or within five feet of any public entrance to the building. Police Department 9. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. Police Department 10. The owner/operator(s) shall be responsible for maintaining free of litter the area adjacent to the storefront and the parking area; and shall install a trash receptacle in front of the storefront. Police Department - 9 - PC2022-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11. Owner/operator(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 12. Check-out counters shall be located near the front of the store, clearly visible from the outside and positioned near the main entrance, so employees can better watch any activities. Police Department 13. Use interior shelving and displays no higher than five feet, less than five feet in front of windows to maintain clear visibility from inside the store, and from the store to the street, sidewalk, parking area, and passing vehicles. Police Department 14. There shall be no pay to play amusement machines or video game devices maintained upon the premises at any time. Police Department 15. 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 16. Managers/Owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS (Responsible Beverage Service), or similar certificate training for themselves and register employees. The contact number for ABC is 657-205-3533. Police Department 17. The Owner/operator(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 18. There shall be no tables or seating for customers, no serving of meals or beverages on-site, and no sale of open containers, pre-prepared or mixed alcoholic beverages. Planning & Building Department, Planning Services Division 19. Window signs shall comply with the maximum area allowed by the Zoning Code. At no time shall window signs exceed 20% of the window area. All advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. Planning and Building Department, Planning Services Division Police Department 20 That ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works Department, Traffic Engineering - 10 - PC2022-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 20. That prior to the issuance of building permits, plans shall be submitted by the Owner/Developer showing a R3-5(R) (RIGHT-TURN-ONLY) sign and a right-turn arrow pavement legend at the project driveway. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering That prior to the issuance of building permits, plans shall show conformance with the current version of Engineering Standard Detail 470 and 473 pertaining to parking standards. NO PARKING pavement markings shall be provided on both sides of trash enclosure. The subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering 21. All CBC and CFC requirements shall be followed for permit issuance. Any fire permits which includes fire sprinklers, fire alarm, etc. shall be submitted directly to Anaheim Fire Prevention Department Fire Department, Community Risk Reduction Division 22. Prior to the issuance of a building permit, a Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right-of-way. Public Works Department, Development Services 23. Prior to the issuance of a building permit, all Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). Public Works Department, Development Services 24. Prior to final building and zoning inspections: a. All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. b. All remaining fees/deposits required by Public Works department must be paid in full. c. Record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services Division. Public Works Department, Development Services 25. 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 Planning & Building Department, Planning Services Division - 11 - PC2022-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 26. 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 & Building Department, Planning Services Division 27. The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the owner/operator, which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division 28. The owner/operator shall have one year after the effective date of this approval to install a new trash enclosure and remove the existing nonconforming pole sign as shown on the plans submitted to the City of Anaheim, which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division