Staff Report
200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
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ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: APRIL 24, 2023
SUBJECT: DEVELOPMENT APPLICATION NO. 2020-00283
LOCATION: 1000 – 1004 North State College Boulevard
APPLICANT/PROPERTY OWNER: The applicant is Fred Cohen with CJC Design,
Inc. representing Jay Bajaria of AAA Fuel Inc. The property owner is SVS Vanguard.
REQUEST: The applicant requests approval to amend a conditional use permit approved
to expand an existing Convenience Store by converting existing Service Station vehicle
service bays. The proposal also includes a request for a determination of public
convenience or necessity for the sale of alcoholic beverages for off-premises consumption
(Type 20 Off-Sale General Alcoholic Beverage Control (ABC) License).
RECOMMENDATION: Staff recommends that the Planning Commission determine
that a Common Sense Exemption under the California Environmental Quality Act
(CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections
15061 (b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14,
Chapter 3, Sections 15000-15387) is the appropriate environmental documentation for
this request; and adopt the attached resolution approving Development Application No.
2020-00283 and amending Conditional Use Permit No. 2411.
BACKGROUND: This 0.49-acre property is developed with a Service Station,
Convenience Store, automobile repair bays, and two fueling canopy structures. The
Service Station building includes an approximately 600 square foot convenience store and
three vehicle service bays that total approximately 1,100 square feet in size. The property
is in the "C-G" General Commercial Zone designated for Neighborhood Center land uses
in the General Plan. The property is surrounded by commercial uses on all sides.
In 1983, the Planning Commission approved Conditional Use Permit No. 2411 to retain
a convenience store at an existing Service Station.
PROPOSAL: The applicant is requesting to amend the existing conditional use permit
to expand an existing Convenience Store at a Service Station by converting the existing
Service Station vehicle service bays. The applicant proposes to convert approximately
1,100 square feet of the existing building to enlarge the Convenience Store to
approximately 1,700 square feet. The exterior of the building would be remodeled with
new paint and accent stone materials at the base. The east wall where the existing service
bay roll-up doors are would be closed and finished with similar fenestration to that of the
north and south walls. A new trash enclosure would replace the existing non-compliant
Development Application No. 2020-00283
April 24, 2023
Page 2 of 5
trash enclosure. The remainder of the site would be enhanced with new parking striping, a
dedicated loading space located next to the trash enclosure, and additional landscaping
planters throughout the site. The air/water machine would be relocated to the east of the
site where the new parking stalls are proposed.
SITE PLAN
Development Application No. 2020-00283
April 24, 2023
Page 3 of 5
COLORED ELEVATIONS
The applicant proposes the sale of alcoholic beverages (beer and wine) for off-premises (off-sale)
consumption. The State of California Department of Alcohol Beverage Control (ABC) requires a
Type 20 Off-Sale General license. A determination of public convenience or necessity is required
given that there is an overconcentration of Alcoholic Beverage Control licenses in the census tract
where the convenience store is located (three licenses are permitted, and there are presently six
licenses in the tract). The Convenience Store would operate 24 hours a day, seven days a week.
The applicant proposes to sell alcoholic beverages between 6:00 am and 2:00 am daily.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use permit,
it must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed use is properly one for which a minor conditional use permit or a
conditional use permit is authorized by this code;
2) That the proposed use 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) That the size and shape of 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 particular area
or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the minor conditional use permit or conditional use permit under the
conditions imposed, if any, will not be detrimental to the health and safety of the citizens
of the City of Anaheim.
The Code permits Convenience Stores in the General Commercial Zone subject to approval of a
conditional use permit. The proposed request would not adversely affect the adjoining land uses
or development of the area as the site has operated as a Service Station for more than 50 years,
and a Convenience Store has been in operation since 1983. The size and shape of the property is
adequate to accommodate the proposed remodel of the existing building as no physical building
expansion is proposed, only interior tenant improvements, façade improvements to enhance the
appearance of the building, and associated site work to bring the property into greater conformance
with Code. The project site would provide adequate parking spaces to accommodate the expansion
of the Convenience Store area. Conditions of approval are included in the draft resolution to
ensure that the expansion of the Convenience Store would be properly maintained and operated.
The granting of the amendment to the conditional use permit for the use under the conditions
imposed would not be detrimental to the health and safety of the citizens of the City of Anaheim
as the site is currently operating as a Service Station and Convenience Store, and the expansion of
the Convenience Store is not anticipated to create any additional impacts.
Development Application No. 2020-00283
April 24, 2023
Page 4 of 5
Public Convenience or Necessity (PCN): State law limits the issuance of new alcohol sales
licenses when a license is requested in a police-reporting district with a crime rate above the City
average or when there is an overconcentration in the number of ABC licenses within a census tract.
A determination of public convenience or necessity is required for this application because this
property is located within a census tract that has a an overconcentration in the number of ABC
licenses. State law also states that such restrictions can be waived if the local jurisdiction can make
a determination that the proposed business would serve "public convenience or necessity."
The subject property is located in Census Tract Number 864.02, which has a population of 5,503
people. This population allows for three off-sale Alcoholic Beverage Control licenses, and there
are presently six licenses in the tract (See Attachment 4). The property is within Police Reporting
District 1428, which is below the City average in crime. Between a 12-month period, starting in
July of 2021, the Police Department reported 100 crimes including 41 thefts and 64 drug violations.
The Police Department does not believe the sale of alcoholic beverages in conjunction with the
subject Convenience Store would negatively influence the type of crime occurring in this area
subject to their recommended conditions of approval. The draft resolution includes a condition
from the Police Department requiring the applicant to submit a detailed security and operations
plan to include details such as closed-circuit television security cameras, alarms systems, lighting,
any security personnel that will be provided, and a detailed description of how the business
operator will address loitering around the store. Security measures shall be reviewed and modified
between the business operator, Police Department, and Planning and Building Department on an
as needed basis. These conditions are intended to ensure that the business would not negatively
affect the surrounding neighborhood.
The applicant’s PCN Justification (Attachment 4) states that sale of alcohol is an essential part of
the business as consumers want to conveniently make all their purchases in one location while
fueling their vehicle and further states that the sale of alcohol is necessary to be able to stay
competitive with other Service Stations in the area. Based on staff’s review of the application,
including the applicant’s justification and statement of operations, and the recommended
conditions of approval, staff supports the request for the determination of public convenience or
necessity.
Parking Requirements: The Code requires seven parking spaces for the proposed Convenience
Store and the Service Station. The proposed site plan includes five parking spaces located on the
east side of the property. In addition, the Code permits up to 50 percent of spaces at the fueling
pumps to be counted as parking stalls. There are 16 fueling pumps which provides for eight
parking spaces. Therefore, the applicant is proposing 13 parking spaces which exceeds Code
requirements.
Environmental Impact Analysis: Staff recommends that the Planning Commission find that the
effects of the proposed project are Exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15061 (b)(3) – Common Sense Exemption. The request consists of expanding an existing
Convenience Store by converting the existing Service Station vehicle service bays and a
determination of public convenience or necessity for the sale of alcoholic beverages for off -
premises consumption. This request will not affect the adjoining land uses, is not anticipated to
Development Application No. 2020-00283
April 24, 2023
Page 5 of 5
cause any detriment to the health and safety of the particular area and would not impose an undue
burden upon the roadways. There are no unusual circumstances with respect to the proposed
project for which staff would anticipate a significant effect on the environment and, therefore, the
proposed project is exempt from the provisions of CEQA.
CONCLUSION: Staff believes that the amendment to Conditional Use Permit No. 2411 to allow
the expansion of the Convenience Store at the Service Station by converting the existing Service
Station vehicle service bays would be compatible with the existing uses in the surrounding area.
Additionally, the proposed expansion would be consistent with the existing use on the subject
property. The site and building improvements will enhance the site and facilitate the daily
operation of the Service Station and Convenience Store by providing dedicated loading and
unloading parking, enhance landscaping, trash enclosure, and parking that exceeds the Code
minimum requirements. The proposed expansion and improvements are consistent with the zoning
and the General Plan land use designation for the property, and the project is designed and
conditioned to ensure that the expansion of the Convenience Store would not impact the
surrounding properties. Based on the analysis included in this report and the findings in the draft
resolution, staff recommends that the Planning Commission approve this request.
Prepared by, Submitted by,
Ivan Orozco Scott Koehm, AICP
Associate Planner Principal Planner
Attachments:
1. Draft Conditional Use Permit Resolution
2. Project Description
3. Project Plans
4. Applicant PCN Justification
5. Aerial and Vicinity Maps