Attachment 1 - Draft Conditional Use Permit Resolution [DRAFT] ATTACHMENT NO. 1
RESOLUTION NO. PC2023-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO 2411 TO PERMIT AN EXPANSION OF AN
EXISTING CONVINIENCE STORE AND APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
FOR THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE)
FOR OFF-PREMISES CONSUMPTION AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2020-00283/CUP2021-06124)
(1000 - 1004 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve an amendment to Conditional Use Permit
No. 2411 to allow an expansion of an existing Convenience Store at a Service Station by
converting existing Service Station vehicle service bays and a request to approve a determination
of public convenience or necessity to permit the sale of alcoholic beverages (beer and wine) for
off-premises consumption (Type 20 Off-Sale General) in conjunction with a 1,681-square foot
Convenience Store and Service Station (the “Proposed Project”), on certain real property located
at 1000 – 1004 North State College Boulevard 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 "Propert y"); and
WHEREAS, the Property is approximately 0.49 acres in area and is developed with a
Service Station, Convenience Store building, and two fueling canopy structures. The Service
Station building includes an approximately 600 square foot Convenience Store and three vehicle
service bays approximately 1,100 square feet in size. The property is designated for Neighborhood
Commercial uses in the General Plan. The property is also located in the “C-G” General
Commercial Zone and is subject to the development standards and regulations of Chapter 18.08
(Commercial Zones), Section 18.38.070 (Automobile Service Stations), and Section 18.38.110
(Convenience Stores) of the Anaheim Municipal Code (the “Code”); and
WHEREAS, Convenience Stores require a conditional use permit subject to the
approval by the Planning Commission pursuant to Subsection .140 of Section 18.08.030 (Uses);
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 24, 2023, at 5:00 p.m., with 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 Code, to hear and consider evidence for and against the Proposed Project 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
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“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 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 that the effects of the Proposed Project are
Exempt from the requirements to prepare additional environmental documentation per CEQA
Guidelines, Section 15061 (b)(3) – Common Sense Exemption. The request consists of converting
the existing vehicle service bays to an expansion of the existing Convenience Store with no
physical building expansion proposed as part of the request. This request will not affect the
adjoining land uses, is not anticipated to 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; 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 conditional use permit, does find and determine the
following facts:
1. The Proposed Project is an allowable use within the “C-G” General Commercial
Zone Section 18.08.030 (Uses) of the Code, subject to approval of a conditional use permit for
Convenience Stores.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area because the Proposed Project
consists of an expansion of an existing use and would continue to operate in similar fashion as the
existing Service Station and Convenience Store located within the subject site. The proposed
exterior improvements on the Property are consistent with the required on-site improvements in
the General Commercial zone, with adequate vehicle access from the public right-of-way.
3. The size and shape of the Property are adequate to allow the full operation of the
Proposed Project in a manner not detrimental to either the particular area or to the health and safety
of the public because the commercial site can accommodate the required parking, vehicle access,
and circulation without creating detrimental effects on adjacent properties. The proposed
expansion of the Convenience Store with the conversion of the existing vehicle service bay area
will continue to operate similarly to that of the existing Service Station and Convenience Store.
4. The traffic generated by the Proposed Project would not impose an undue burden upon
the streets and highways, as they are designed and improved to carry the anticipated traffic
generated by the Proposed Project. Additionally, the parking layout improvements will provide a
designated loading space located away from the fuel pumps to prevent on-site congestion and
enhance the vehicle circulation of the site. The Proposed Project will not exceed the anticipated
volumes of traffic or daily trips, as City staff have reviewed and approved a Traffic Impact
Assessment prepared for the Project. The TIA concluded that the proposed Project would not
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significantly impact the surrounding roadway network and provided an adequate on-site
circulation pattern.
5. The granting of the conditional use permit amendment would not be detrimental to
the health and safety of the citizens of the City of Anaheim because the Proposed Project would
expand the existing Service Station Convenience Store area on the subject property which is
compatible with the existing uses in the surrounding area, subject to compliance with the
conditions contained herein; 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 for
Development Application No. 2020-00283, 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
lower 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 does not exceed
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.
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.
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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 Property is in Census Tract Number 864.02, which has a population of 5,503
persons. This population allows for three off-sale Alcoholic Beverage Control licenses, and there
are presently six licenses in the tract. The property is within Police Reporting District 1428, which
is below the City average for crime. Within a 12-month period, starting in July of 2021, the Police
Department collected 100 incident reports for vehicle code violations, gangs, and assisting other
agencies, 41 thefts, and 64 drug violations. Although the crime rate is below the citywide average,
there is an overconcentration in the number of off-sale ABC licenses within the census tract, and
a determination of "public convenience or necessity" is required.
6. The request to permit alcoholic beverage sales 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, 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 immediate neighborhood consistent with other similar to
other Service Stations with Convenience Stores in the City. Conditions imposed on the Proposed
Project will ensure that potential nuisances associated with the proposed use will be minimized,
and the use would be 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, for off premises consumption there 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 the conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein
by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property for which the conditional use permit is applicable in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
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conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing
for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant
has demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable City,
State and Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation, or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 24, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-***
PC2023-***
EXHIBIT “B”
Conditional Use Permit
(DEV2020-00283/CUP2021-06124)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO BUILDING PERMIT ISSUANCE
1
The property owner shall irrevocably offer to dedicate to the
City of Anaheim a corner cut dedication at the intersection of
State College Boulevard and La Palma Avenue.
Public Works Department,
Development Services
2
A Right of Way Construction Permit shall be obtained from
the Development Services Division for all work performed in
the public right-of-way. State College Blvd is under
moratorium until February 2025 and La Palma Ave is under
moratorium until June 2023. Please note that any trenching in
streets under moratorium requires prior approval from the City
Engineer. If approved, extensive pavement restoration and its
limits shall be determined by the City Engineer.
Public Works Department,
Development Services
3
The required improvements shall include the removal and
reconstruction of driveway approaches, curb ramp, and
pavement restoration per City standard as determined and
approved by the City Engineer. Due to the moratorium status
of State College Boulevard and La Palma Avenue, a lump sum
of money, in an amount approved by the City Engineer to be
sufficient to pay for the required improvements, shall be paid
to the City of Anaheim in the form of a Cash in Lieu (CIL). A
Cost Estimate for the improvements should be prepared by a
certified civil engineer and reviewed by the Public Works
Development Services for final determination of fee.
Public Works Department,
Development Services
4
The legal owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to the Public Works
Development Services Division. The Certificate of
Compliance shall be approved by the City Surveyor and
recorded in the Office of the Orange County Recorder.
Public Works Department,
Development Services
5
All grading, trenching and excavation activities shall be carried
out in accordance with the site’s Soil Management Plan,
including but not limited to performing soil sampling before
work in previously un-sampled areas under the building where
the service bays were located and a note to this effect shall be
included on the applicable construction plans.
Planning and Building
Department,
Planning Services Division
OPERATIONAL
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
6 All new landscaping shall be installed in conformance with
Chapter 18.46 (Landscape and Screening) of the Anaheim
Municipal Code and shall be maintained in perpetuity.
Landscaping shall be replaced in a timely manner if it is
removed, damaged, diseased, and/or dead.
Planning and Building
Department,
Planning Services Division
7 The business shall be operated in accordance with the Letter of
Request and Statement of Operations submitted as part of this
application. Any changes to the business operation, as described
in that document, shall be subject to review and approval by the
Planning Director to determine substantial conformance with the
Letter of Request and Statement of Operations and to ensure
compatibility with the surrounding uses.
Planning and Building
Department,
Planning Services Division
8 The owner/business 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 customer.
Police Department
9 The exterior of the building and parking lot shall be illuminated
during all hours of darkness.
Police Department
10 The owner/business operator shall be responsible for
maintaining free of litter, the area adjacent to the premises over
which they have control i.e., parking lot, landscape setback.
Police Department
11 Keep lines of sight open. Prune trees and shrubs to allow visual
access to all parts of the premises.
Police Department
12 Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours.
Police Department
13 Do not cover the entrance windows with posters and
announcements that obstruct natural surveillance.
Police Department
14 The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around this premises.
Police Department
15 Owner/business operator shall police the area under their control
to prevent the loitering of persons around the premises.
Police Department
16 The petitioner(s) shall post and maintain a professional quality
sign facing the premises parking lot(s) that Police Department
reads as follows:
Police Department
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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.
17 Locate check-out counters near the front of the store, clearly
visible from the outside. Positioned near the main entrance,
employees can better watch any activities.
Police Department
18 Use interior shelving and displays no higher than 5 feet, even
less 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
19 The interior area of alcoholic beverage displays shall not exceed
25% of the total display area inside the Convenience Store.
Police Department
20 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
21 No more than 33% of the square footage of the windows and
clear doors of an off-sale premises shall bear advertising or signs
of any sort, and 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.
Police Department
22 No display of alcoholic beverages shall be located outside of the
Convenience Store.
Police Department
23 No display of alcoholic beverages shall be located within ten
(10) feet of any public entrance to the Convenience Store.
Police Department
24 Beer cases and wine bottles shall be in the rear coolers as stated
by the applicant.
Police Department
25 Beer and malt beverages shall not be sold in packages containing
less than a three (3) pack, and that wine coolers shall not be sold
in packages containing less than a four (4) pack.
Police Department
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
26 There shall be no pay to play amusement machines or video
game devices maintained upon the premises at any time.
Police Department
27 Managers/Owners shall contact the Department of Alcoholic
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program), RBS, or similar certificate training
for themselves and register employees. The contact number for
ABC is (657) 205-3533.
Police Department
28 The hours of operation for the Convenience Store will be 24
hours a day. Beer and wine will be sold from 6:00 am to 2:00 am
daily as stated by the applicant in the Project Description. The
Police Department requests the hours of operation to remain the
same to monitor calls for service.
Police Department
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
29 All remaining fees/deposits required by Public Works
Department must be paid in full.
Public Works Department,
Development Services
GENERAL
Water Engineering
30 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 Services
31 The Applicant/Owner 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 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.
Planning and Building
Department,
Planning Services Division
32 The premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant, which plans are on file with the Planning
Department, and as conditioned herein.
Planning and Building
Department,
Planning Services Division
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
33 Conditions of approval related to each of the timing milestones
above shall be prominently displayed by the applicant on plans
submitted for permits. For example, conditions of approval that
are required to be complied with prior to the issuance of
building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks
and trail plans, and fire and life safety plans, etc.
Planning and Building
Department,
Planning Services Division
34 The Applicant/Owner 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 and Building
Department,
Planning Services Division
PC2023-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 24, 2023, by the following vote of the members
thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of April 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM