Resolution-PC 2020-026RESOLUTION NO. PC2020-026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2020-06070 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2020-00089)
(1256 NORTH EUCLID STREET, UNITS A & B)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2020-
06070
02006070 to establish a convenience market with sales of alcoholic beverages for off -premises consumption
(Type 21 Off -Sale ABC License) and (ii) an associated Determination of Public Convenience or
Necessity No. 2020-00153 to permit sales of alcoholic beverages for off -premises consumption at that
certain real property located at 1256 North Euclid Street, Units A & B 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 on a 2.75 -acre commercial lot, which is located within the
Corridor Residential land use designation of the Anaheim General Plan. The Property is located in the
"C -G" General Commercial zone and is subject to the zoning and development standards contained in
Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-25-20
issued on March 12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all
members of the public seeking to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing in the City of Anaheim on July 6, 2020 at 5;00 p.m., 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 proposed Conditional Use
Permit No. 202006070 and Public Convenience or Necessity No. 2020-00153 (collectively, the
"Proposed Project"), and to investigate and make findings and recommendations 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 Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
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WHEREAS, the Planning Commission finds and determines that the effects of the Proposed
Project are typical of those generated within that class of projects (Le., Class 1 — Existing Facilities)
which consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
detennination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of
Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, this 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 Conditional Use Permit No. 2020-06070, does find and determine the
following:
1. The proposed request to establish a convenience market with sales of alcoholic beverages for
off -premises consumption (Type 21 Off -Sale ABC License) within an existing commercial building is
an allowable use within the "C -G" General Commercial zone under subsection .010 of Section 18.08.030
(Uses) of the Code, subject to a conditional use permit and the zoning and development standards of the
"C -G" General Commercial Zone.
2. The Proposed Project would not adversely affect the surrounding land uses and the growth
and development of the area in which it is proposed to be located because the use of the property as a
retail commercial center with sales of alcoholic beverages for ofd premises consumption is compatible
with the existing uses within the commercial site and uses in the surrounding area. The proposed
convenience market is located within the same commercial center and will be relocating to an inline unit
within an existing commercial strip center.
3. The size and shape of the site is adequate to allow the full development of the Proposed
Project in a manner not detrimental to the particular area nor to the health, safety and general welfare of
the public because the Property is currently improved with a commercial building and no expansion to
the building is proposed.
4. The traffic generated by permitting the sale of alcohol for off -premises consumption within
an existing commercial building would not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area because the use is consistent with uses permitted
in the zone. The number of vehicles entering and exiting the Property would not increase in conjunction
with this request, as the proposed convenience market will be relocated from within the same commercial
center.
5. The granting of Conditional Use Permit No. 2020-06070 under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
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 No. 2020-00153,
does find and determine the following facts:
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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 consumption of alcoholic beverages does not adversely affect any adjoining land use or the
growth and development of the surrounding area.
S. The Property is located Census Tract Number 866.01 which has a population of 9,584 people.
This population allows for 10 on -sale Alcoholic Beverage Control licenses and there is presently one (1)
license in the tract. It also allows for five (5) off -sale licenses and there are presently three (3) licenses
in the tract. This location is within Reporting District 1422 which is 87% above the city average in
crime. The %4 -mile radius surrounding this location is 62% above the city average in crime. Since the
crime rate is above the citywide average, a determination of "public convenience or necessity" is
required.
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6. The request to permit alcoholic beverage sales for off -premises consumption would not
adversely affect the surrounding land uses and the growth and development of the area in which it is
proposed to be located because the proposed development of the premises is compatible with the existing
uses in the surrounding area; and
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 and all materials in the project files.
There is no substantial evidence, nor are there other facts, that detract from 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 Conditional Use Permit No. 2020-06070 and Public Convenience or
Necessity No. 2020-00153 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 Conditional Use Permit No.
2020-06070 and Public Convenience or Necessity No. 2020-00153 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 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 Pen -nit 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 6, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 15.60 (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.
a
CHAT ERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do herebv
certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission
of the City of Anaheim held on July 6, 2020, by the following vote of the members thereof
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6"' day` of July, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT"B"
CONDITIONAL USE PERMIT NO. 2020-06070
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
(DEV2020-00089)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
The business operator shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premises over which they have control, as depicted.
2
The area of alcoholic beverage displays shall not exceed 25% of the total
Police Department
display area in a building.
3
No display of alcoholic beverages shall be located outside of a building or
Police Department
within five (5) feet of any public entrance to the building.
4
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
5
Any graffiti painted or marked upon the premises or on any adjacent area
Planning and
under the control of the licensee shall be removed or painted over within 24
Building Department,
hours.
Code Enforcement
6
The business operator shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
7
There shall be no pay to play amusement machines or video game devices
Police Department
maintained upon the premises at any time.
8
There shall be no exterior advertising or sign of any kind or type, including
Police Department
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.
9
Managers / Owners need to call the Department of Alcoholic Beverage
Police Department
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
10
The business operator shall post and maintain a professional quality sign
Police Department
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.
GENERAL
11
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and
officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
planning Services
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.
12
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
Planning and
invoice or prior to the issuance of building permits for this project, whichever
Building Department,
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
Planning Services
application.
13
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department.
Planning Services
14
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Building Department,
maintained in perpetuity. Landscaping shall be replaced in a timely manner
planning Services
in the event that it is removed, damaged, diseased and/or dead.
15
The convenience store shall operate in accordance with the Letter of
Planning and
Operation submitted as part of the application. Any changes to the operation
Building Department,
described in the Letter of Operation shall be subject to review and approval
planning Services
by the Planning and Building Director to determine substantial conformance
with said letter and to ensure compatibility with the surrounding uses.
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