Resolution-PC2025-017RESOLUTION NO. PC2025-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT AND
MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY FOR THE SALE OF ALCOHOLIC BEVERAGES FOR
OFF -PREMISES CONSUMPTION AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2024-00012)
(1300 SOUTH EUCLID STREET UNITS E, F, G, H)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit and a
determination of public convenience or necessity to upgrade an existing Alcoholic Beverage
Control (ABC) license from a Type 20 (Off -Sale Beer and Wine) to a Type 21 (Off -Sale General)
license to continue to allow the sale of alcoholic beverages with the addition of distilled spirits for
off -premises consumption within an existing convenience store (the "Proposed Project") on certain
real property located at 1300 South Euclid Street, Units E, F, G, and H 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 0.88-acres in area and is developed with an
eight -unit commercial retail center. The Property is designated for Public -Institutional land uses
in the General Plan. The Property is in the "C-G" Commercial General Zone and is subject to the
zoning and development standards contained in Chapter 18.08 (Commercial Zones) and Section
18.08.030 (Uses) and Section 18.60.220 (Determination of public convenience or necessity) of
Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Alcoholic Beverage Sales -Off -Sale uses require a conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .040 of Section
18.08.030 (Uses); and in conjunction with a determination of public convenience or necessity that
requires Planning Commission action subject to review and approval by the Planning Commission
pursuant to section 18.60.220 (Determination of public convenience or necessity); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 30, 2025, 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"), 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
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, and operation would be consistent with historic levels of operation on the subject
property. The proposal does not include any physical changes to the building or the property.
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 that would cause 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 facts:
1. The Proposed Project is authorized as an allowable use within the "C-G" General
Commercial Zone under subsection .040 of Section 18.08.030 (Uses) of Chapter 18.08 (Uses) of
the Code, subject to a conditional use permit for an Alcoholic Beverage Sales —Off -Sale.
2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining
land uses, or the growth and development of the area in which it is proposed to be located because
the proposed upgrade from a Type 20 (Off -Sale Beer and Wine) to a Type 21 (Off -Sale General)
ABC license for the convenience store and is not anticipated to adversely affect adjoining land
uses or the growth and development of the area. The convenience store is located within an
established multi -tenant commercial retail center surrounded by a mix of commercial and
residential uses. The proposed upgrade would not result in a physical expansion of the use or
introduce operational changes beyond the addition of distilled spirits. The business has operated
under a Type 20 license since 1993 without reported enforcement issues from the current license
holder, demonstrating a history of responsible alcohol sales. Given the continued compatibility
with surrounding uses and the lack of any physical changes or increased activity at the site, the
proposed use is expected to operate in a manner consistent with the neighborhood and is not likely
to negatively affect the future development of the area.
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 because the size and shape of the convenience store, located within an existing
commercial retail center, is adequate to accommodate the proposed upgrade from a Type 20 (Off -
Sale Beer and Wine) to a Type 21 (Off -Sale General) ABC license. The convenience store would
continue to operate within its existing footprint, and no changes to the building's square footage,
floor plan, or site layout are proposed. The retail center provides sufficient parking and vehicular
access, and the continued use of the existing tenant space for retail sales, including the upgraded
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alcohol license, would not introduce any physical or operational characteristics that would be
detrimental to the area or to the health and safety of the community.
4. 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 because the
proposed upgrade from a Type 20 (Off -Sale Beer and Wine) to a Type 21 (Off -Sale General) ABC
license would not generate additional vehicle trips beyond those associated with the current
convenience store operation. The store is located within a commercial retail center that is designed
and improved to accommodate retail traffic volumes. No expansion of the floor area or change in
convenience store use is proposed. Therefore, the Proposed Project would not result in an increase
in traffic or impose an undue burden on the surrounding streets.
5. 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 because the
granting of the conditional use permit to allow the upgrade from a Type 20 (Off -Sale Beer and
Wine) to a Type 21 (Off -Sale General) ABC license, subject to the recommended conditions of
approval, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The convenience store is located within an established commercial retail center and has operated
without record of enforcement issues related to alcohol sales from the current license holder. The
continued operation of the store with expanded alcohol offerings will be regulated by the
Department of Alcoholic Beverage Control and monitored by the Anaheim Police Department.
Conditions of approval will ensure that the upgraded license is operated in a manner that is
compatible with surrounding uses and consistent with applicable Code requirements.
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. 2024-00012, 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, as defined in subdivision (c), than the average number of reported crimes as
determined from all crime reporting districts within the City of Anaheim.
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(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 in which the applicant premises are located.
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 off -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 876.01, which has a population of 4,839 people.
This population allows for two off -sale Alcoholic Beverage Control licenses, and there are
presently two licenses in the tract, including the applicant's existing Type 20 (Off -Sale Beer and
Wine) license. The property is within Police Reporting District 1922, where the crime rate is 172%
above the city average. The crime rate is above the citywide average 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 the 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 because
it will provide an added convenience to the immediate neighborhood similar to other convenience
stores in the City and 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, will not be detrimental to the health and safety of the
citizens of the City of Anaheim.
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,
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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 and 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 the Property for which the conditional use permit
and determination of public convenience or necessity 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 (Extension
of Time to Comply With Conditions of Approval) of the Code. Timing for compliance with
conditions of approval may be amended by the Planning and Building 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 fmd 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
June 30, 2025. 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. ,, _ 1 f
OF THE CITY OF ANAHEIM
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- 6 - PC2025-017
EXHIBIT "A"
CONDITIONAL USE PERMIT AND DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY
DEV2024-00012
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EXHIBIT `B"
CONDITIONAL USE PERMIT AND DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY (DEV2024-00012)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO BUSINESS OPERATION
1
The applicant/business owner shall submit building plans for
Planning and Building
Department, Building
review and approval for all tenant improvements.
Division
OPERATIONAL CONDITIONS
2
The alcohol licensed premises shall be subject to a monthly
Police Department
review from the date of the start of business operations at which
the Police Department will examine the crime data to ensure no
impacts have been created associated with the alcohol licensed
remises.
3
The owner/operator shall install Closed Circuit Television
Police Department
(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.
4
If an alarm system is installed, complete an Alarm Permit with
Police Department
the Anaheim Police Department online prior to initial alarm
activation and maintain the registration u to date.
5
Additional security measures shall be provided as deemed
Police Department
necessary by the Chief of Police or his or her designee.
6
The exterior of the building and parking lot shall be illuminated
Police Department
during all hours of darkness.
Police Department
7
The owner/operator shall be responsible for keeping the areas
under their control, including the adjacent parking lot and
landscape setback, free of litter at all times.
8
Any graffiti painted or marked upon the premises or on any
Police Department
L I'
adjacent area under the control of the licensee shall be
removed or painted over within 24 hours.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The owner/operator shall police the area under their control in
Police Department
an effort to prevent the loitering of people around the premises.
10
The owner/operator shall post and maintain a professional
Police Department
quality sign facing the premises parking lot 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.
11
There shall be no exterior advertising or sign of any kind or type,
Police Department
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.
12
The business shall not be operated in such a way as to be
Police Department
detrimental to the public health, safety or welfare.
13
No more than 20% of the square footage of the windows and
Police Department
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
remises.
14
Distilled spirits for sale shall be displayed behind the cash
_
Police Department
register.
15
All beer cases and wine bottles shall be located in the rear
Police Department
coolers.
16
Alcohol displays and advertisements are prohibited on the
Police Department
counter of the cash register.
17
No display of alcoholic beverages shall be located within twenty-
Police Department
five (25) feet of any public entrance to the market.
18
Alcoholic beverage inventory and sales shall be limited to
Police Department
prepackaged beer, wine, and distilled spirits and as follows:
The sales of beer and malt beverages in quantities of quarts, 22
oz., 32 oz., 40 oz., or similar size containers are prohibited.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Wine bottles shall not be sold in bottles or containers smaller
than 750 ml, unless it is prepackaged wine in no less than a 4-
pack.
Distilled spirits inventory and sales shall be limited to bottles no
less than 100 ml/3.4 oz./quarter pint.
Miniature airplane bottles are prohibited for sale.
All sin le serving alcohol containers are prohibited for sale.
19
No ice coolers, miniature portable refrigeration, or any size
Police Department
buckets shall be used to hold beer, wine or distilled spirits for
sale in the general floor area.
20
There shall be no pay to play amusement machines or video
Police Department
game devices maintained upon the premises at any time.
GENERAL
21
The business shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to
Department,
the business operation as described in these documents shall be
Planning Services Division
subject to review and approval by the Planning and Building
Director to determine substantial conformance with these
documents, to determine that adequate parking shall continue to
be provided for onsite uses, and to ensure compatibility with the
surroundin uses.
22
Landscaping shall be replaced by the applicant in a timely
Planning and Building
manner if it is removed, damaged, diseased, and/or dead. All
Department,
new landscaping shall be installed by the owner/developer in
Planning Services Division
conformance with Chapter 18.46 "Landscape and Screening" of
the Anaheim Municipal Code and shall be maintained in
perpetuity.
23
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"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
- 10 - PC2025-017
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
24
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning and
Planning Services Division
Building Department, and as conditioned herein.
25
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, 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 June 30, 2025, by the following vote of the members
thereof:
AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez,
and Tran-Martin.
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have
us
OF
set my hand this 301h day of June 2025.
COMMISSION
OF ANAHEIM
PC2025-017