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Staff Report 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: MAY 8, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00015 LOCATION: 2804 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicants are Dariene and Jesus Torres of TJ Liquor, the applicant’s agent is Elizabeth Ortiz, and the property owner is Desai Jayanti. REQUEST: The applicants request approval of a conditional use permit and a determination of public convenience or necessity to permit the sale of alcoholic beverages for off-premises consumption (Type 21 Off-Sale General ABC License) in conjunction with the relocation of an existing convenience store to another tenant space within an existing shopping center. RECOMMENDATION: Staff recommends that the Planning Commission determine that a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Section 15301 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. 2023-00015. BACKGROUND: The 0.5-acre property is developed with a 7-unit commercial retail center. The applicant currently operates TJ Liquor in an existing 950 square foot tenant space (2808 West Lincoln Avenue) within the commercial retail center. Conditional Use Permit No. 2011-05549 and Public Convenience or Necessity No. 2011-00076 to allow a convenience store with the sale of sale of alcoholic beverages for off-premises consumption was approved by the Planning Commission on March 11, 2011. The property is in the “C-G” General Commercial Zone, and the General Plan designates this property for Low-Medium Density Residential land uses. The property is surrounded by a self-storage facility across Lincoln Avenue to the north; commercial retail uses to the east; and multi-family residential uses to the east and south. DEVELOPMENT APPLICATION NO. 2023-00015 May 8, 2023 Page 2 of 6 View of existing tenant space PROPOSAL: The applicant proposes to relocate the existing convenience store to a larger tenant space at 2804 West Lincoln Avenue within the existing commercial retail center. The proposed tenant space is approximately 1,180 square feet and was previously occupied by an acupuncture business. The applicant proposes to operate the convenience store seven days a week from 8 a.m. to 12 a.m. In addition to alcohol sales, the store would offer everyday items such as snacks, soft drinks, and a limited grocery selection. The applicant would continue to sell alcoholic beverages (beer, wine, and spirits) for off-premises consumption and would be required to obtain the same Type 21 Off-Sale General License from the State of California Department of Alcohol Beverage Control (ABC), which is issued for grocery stores, markets, liquor stores, and convenience stores. View of proposed tenant space DEVELOPMENT APPLICATION NO. 2023-00015 May 8, 2023 Page 3 of 6 SITE PLAN FLOOR PLAN DEVELOPMENT APPLICATION NO. 2023-00015 May 8, 2023 Page 4 of 6 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 conditional use permit is authorized by this Zoning 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 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 sale of alcoholic beverages for off-premises consumption requires the approval of a Conditional Use Permit in the General Commercial (C-G) zone to ensure compatibility with surrounding uses, and to ensure that the use would not be detrimental to the general health and safety of the community. Conditions of approval may be imposed to ensure that the subject use would operate in a manner that does not create nuisances, affect the general health and welfare of the community, and not adversely affect surrounding properties. The proposed request would not adversely affect the adjoining land uses or development of the area as the business has operated in an adjacent tenant space for the past 12 years without any significant impacts to adjoining uses. The size and shape of the property is adequate to accommodate the proposed relocation of the business to a larger tenant space within the existing commercial retail center. The subject commercial retail center contains 19 on-site parking spaces, and the relocation to the new tenant space will not require additional parking; therefore, the project site would provide adequate parking spaces to accommodate the relocated business. There would be no significant increase in traffic associated with the proposed relocation. The proposed project does not involve any new construction or expansion of the existing building. The proposed hours of operation are typical for similar types of uses. Conditions of approval are included in the draft resolution to ensure that the convenience store would be properly maintained and operated. The granting of 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 business is currently operating in the subject commercial retail center, and the relocation of the convenience store is not anticipated to create any new or additional impacts. Public Convenience or Necessity: 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. Although a determination of Public Convenience or Necessity currently exists for the business, ABC is requiring a new determination of Public Convenience or Necessity as licenses within the subject DEVELOPMENT APPLICATION NO. 2023-00015 May 8, 2023 Page 5 of 6 census tract have increased. 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 site is in Census Tract Number 869.03 which has a population of 6,776. This population allows for eight on-sale Alcoholic Beverage Control licenses and there are presently five on-sale licenses in the tract. It also allows for four off-sale licenses and there are presently six off-sale licenses in the tract including the subject business. This subject site is within Reporting District 1716 which is 276% above the city average in crime. Police Department staff indicates that the types of crime in this area are typical to densely populated neighborhoods including vandalism, theft from autos, and simple assault. Such crimes are not typically considered to be alcohol related. In addition, as reported by the Police Department, there is a transient population within 500 feet of the subject site. The Police Department has evaluated the application and does not oppose the request subject to conditions that have been incorporated into the attached draft resolutions. These conditions include the following: require installation of security cameras; limit display of distilled spirits to behind the cash register; no single can or bottle sales; no sale alcohol beverages in containers less than 12 ounces in size; display of beer cases and wine bottles shall be inside the coolers located at the rear of the store; and other conditions related to graffiti, loitering, lighting, and signage. The approval of a conditional use permit for the sale of alcoholic beverages (beer, wine, and spirits) for off-premises (off-sale) consumption for the relocated convenience store would continue to be a 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 relocation within the existing commercial retail center would allow the applicant to maintain their existing customer base with the larger store allowing the applicant to add additional inventory as a convenience to the neighborhood. Based on staff’s review and the conditions of approval proposed for this permit, staff supports the request for determination of public convenience or necessity. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The proposed project is a request to allow the offsite sale of alcoholic beverages in conjunction with an existing commercial building. The proposal does not include any physical changes to the building or the property that would result in a significant impact on the environment. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Subject to the recommended conditions of approval, staff believes that the proposed sale of alcoholic beverages in conjunction with the relocated convenience store for off- premises consumption would be compatible with the surrounding uses, would not be detrimental DEVELOPMENT APPLICATION NO. 2023-00015 May 8, 2023 Page 6 of 6 to either the particular area or health and safety of the community, and would provide a public convenience or necessity. Therefore, staff recommends that the Planning Commission adopt the draft conditional use permit and public convenience or necessity resolution (Attachment No. 1) and the recommended conditions of approval contained therein. Prepared by, Submitted by, Thomas Gorham Scott Koehm, AICP Contract Planner Principal Planner Attachments: 1. Draft Conditional Use Permit and Public Convenience or Necessity Resolution 2. Applicant Letter of Request 3. Police Memorandum 4. Project Plans 5. Aerial and Vicinity Maps