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Attachment 1 - Draft Conditional Use Permit and Public Convenience or Necessity Resolution [DRAFT] ATTACHMENT NO. 1 PC2023-*** RESOLUTION NO. PC2023-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00015) (2804 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (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 relocated Convenience Store (the "Proposed Project"), at a certain real property located at 2804 West Lincoln Avenue 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 0.50 acres in area and is developed with a 7-unit Commercial Retail Center. The Property is designated for Low-Medium Density Residential land uses in the Anaheim General Plan. The Property is in the "C-G" Commercial General Zone and is subject to the development standards and regulations of Chapter 18.08 (Commercial Zones) and Section 18.38.110 (Convenience Stores) of the 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 May 8, 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 “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 - 2 - PC2023-*** WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 – Existing Facilities. The Proposed Project is a request to allow the sales of alcoholic beverages for off-premises consumption within 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; 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: 1. The Proposed Project is an allowable use within the "C-G" General Commercial Zone under Section 18.08.030 (Uses) of the Code, subject to 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 as the business has operated in a tenant space in the same building for the past 12 years and will operate in a manner consistent with the applicant’s existing operation and similar type uses. With implementation of the 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 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 as 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. The size and shape of the Property is adequate to accommodate the proposed relocation of the Convenience Store to a larger tenant space within the existing Commercial Retail Center. The subject Commercial Retail Center contains nineteen on-site parking spaces and the relocation of the Convenience Store to the new tenant space will not require additional parking; therefore, the Property would provide adequate parking spaces to accommodate the relocated business. 4. 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 Project would increase traffic from what currently exists with the existing Convenience Store use. 5. The granting of the conditional use permit subject to the conditions of approval 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 be compatible with surrounding land uses; and - 3 - PC2023-*** 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. 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 consump tion 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 869.03 which has a population of 6,776. This population allows for eight on-sale Alcoholic Beverage Control - 4 - PC2023-*** licenses and there are presently five licenses in the tract. It also allows for four off-sale licenses and there are presently six licenses in the tract. This subject site is within Reporting District 1716 which is 276% above the city average in crime. Since the number of off-sale licenses exceeds the ratio of off-sale retail licenses to population in the census tract, and exceeds crime rate is above the citywide average, a determination of "public convenience or necessity" is required. 6. The request to permit alcoholic beverage sales for off-premises consumption in conjunction with the relocated Convenience Store subject to the conditions of approval imposed will not be detrimental to the health and safety of the citizens of Anaheim. The approval of a CUP for the sale of alcoholic beverages (beer, wine, and spirits) for off-premises 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. Conditions imposed on the 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, 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 Application No. 2023-00015 for a conditional use permit and a determination of public convenience or necessity, 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 that portion of the Property for which Development Application No. 2023-00015 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 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 - 5 - PC2023-*** 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 to Permit Approval) and 18.60.200 (City-Initiated 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 herein above 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 May 8, 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” DEVELOPMENT APPLICATION NO. 2023-00015 (DEV2023-00015) 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 and Building 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 Closed Circuit Television (CCTV) security cameras in the interior and exterior of the business to promote patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. Police Department 4. If an alarm system is installed, complete an Alarm Permit with the Anaheim Police Department online prior to initial alarm activation and ensure the registration is kept up to date. Police Department 5. Additional security measures shall be provided as deemed necessary by the Chief of Police or his or her designee. Police Department 6. The exterior of the building and parking lot shall be illuminated during all hours of darkness. Police Department 7. The owner/operator shall be responsible for maintaining free of litter, the area adjacent to the premises over which they have control e.g., parking lot, landscape setback. Police Department 8. The owner/operator shall police the area under their control to prevent the loitering of persons around the premises. Police Department PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9. The owner/operator 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 10. 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 11. The business shall not be operated in such a way as to be detrimental to the public health, safety, or welfare. Police Department 12. Operator/Owner 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 13. 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 14. Distilled spirits for sale shall be displayed behind the cash register. Police Department 15. All beer cases and wine bottles shall be inside the coolers located at the rear of the store. Police Department 16. No display of alcoholic beverages shall be located outside of a building or within ten (10) feet of any public entrance to the liquor store. Police Department 17. No ice coolers, miniature portable refrigeration, or containers of any size shall be used to hold beer, wine, or distilled spirits for sale in the general floor area. Police Department 18. 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 19. Beer, wine, malt beverages, and distilled spirits cannot be sold in containers less than 12 ounces. Police Department 20. There shall be no pay to play amusement machines or video game devices maintained upon the premises at any time. Police Department PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21. The hours of operation for the liquor store will be from 8:00am to 12:00am daily as stated by the applicant. The Police Department requests the hours of operation to remain the same to monitor calls for service. Police Department GENERAL CONDITIONS OF APPROVAL 22. 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 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 & Building Department, Planning Services Division 23. 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 24. The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division 25. The applicant shall submit a letter to the Planning Services Division within 30 days of the commencement of the business at the new location requesting to terminate Conditional Use Permit No. 2011-05549 and Public Convenience or Necessity No. 2011-00076. Planning & 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 May 8, 2023, by the following vote of the members thereof: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of May 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM