PC 2021/03/01.pdf03-01-2021 Page 1 of 5
City of Anaheim
Planning Commission
Agenda
Monday, March 1, 2021
Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California
• Chairperson: Kimberly Keys
• Commissioners: Lucille Kring, Natalie Meeks, Rosa Mulleady, LuisAndres Perez, Dave Vadodaria, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Items of Public Interest Oath or Affirmation of Allegiance: Swearing in of New Planning Commissioners Lucille Kring and LuisAndres Perez Swearing in of Reappointed Planning Commissioner Kimberly Keys
• Planning Commission Appointments:
“Interim” Chairperson Pro-Tempore
Representative for the Utilities Underground Conversion Subcommittee
• Appreciation Plaque presented to John Armstrong and Michelle Lieberman
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
SPECIAL NOTICE DURING COVID-19 PANDEMIC
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. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members may participate in this meeting remotely.
03-01-2021 Page 2 of 5
PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public can access the meeting live on-line, with audio and limited video, at www.anaheim.net/planning. Public participation may occur in three ways: (1) members of the public can submit comments electronically for Planning Commission consideration by sending them to
planningcommission@anaheim.net or directly to the project planner as indicated on each item below. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 1:30 p.m. the day of the meeting. Those comments will be distributed to the Planning Commission members and will be made part of the official public record of the meeting. Public comments submitted after 1:30 p.m. will be posted to the Planning Commission website and made part of the public record the day after the meeting. Email addresses and phone numbers will be redacted; (2) members of the
public can provide in-person comments via microphone in the lobby of City Hall. Social distancing measures will be in place, masks are required, and once a participant has made a public comment, the participant will be asked to exit the building; and (3) members of the public can contact the Planning and Building Department at 714-765-5139, the project planner as indicated on each item below, or planningcommission@anaheim.net with any questions. A copy of the staff report may be obtained on the City of Anaheim website www.anaheim.net/planning on Thursday, February 25, 2021, after 5:00 p.m. Any writings or documents
provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection by contacting the Planning and Building Department at 714-765-5139 during regular business hours, or by contacting the project planner as indicated on each item below. ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting.
03-01-2021 Page 3 of 5
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M. Items of Public Interest Oath or Affirmation of Allegiance: Planning Commissioners Kimberly Keys, Lucille Kring, and LuisAndres Perez
Planning Commission Appointments
Appointment of an “Interim” Planning Commission Chairperson Pro-Tempore (Motion)
Request for consideration of potential appointment of a representative to serve on the Utilities Underground Conversion Subcommittee (UGC Subcommittee)
Appreciation Plaque presented to John Armstrong and Michelle Lieberman Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception
of public hearing items.
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Public Hearing Items
ITEM NO. 2 SPECIFIC PLAN ADJUSTMENT NO. 92-1T CONDITIONAL USE PERMIT NO. 4078I (DEV2010-00166J) Location: 321 West Katella Avenue and
400 West Disney Way
Request: The applicant proposes Adjustment No. 14 to the Disneyland Resort Specific Plan and an amendment to a conditional use permit to allow additional uses as
part of the Anaheim GardenWalk project. The proposed
uses include a Cat or Dog Café; Personal Services – General; Event Center/Banquet Hall; Beer, Wine, and/or Craft Spirit Tasting Room and Sales; and Pod Hotel or Hostel.
Environmental Determination: The Planning Commission will consider whether an Addendum to the Pointe
Anaheim Initial Study/Mitigated Negative Declaration is
the appropriate environmental documentation to comply with the California Environmental Quality Act (CEQA). This item was continued from the December 7, 2020, and
January 20, 2021 Planning Commission meetings.
Request for continuance to the May 10, 2021 meeting.
Project Planner: Elaine Thienprasiddhi
ethien@anaheim.net
ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2020-06095 (DEV2020-00299) Location: 1150 North Harbor Boulevard, Suite 170
Request: The applicant requests approval of a Conditional Use Permit to allow off-premises sale of alcoholic beverages at an existing convenience store in conjunction with a Type 21 (Off-Sale General) ABC
License.
Environmental Determination: The Planning Commission
will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities).
Resolution No. _____
Project Planner: Peter Lange
PLange@anaheim.net
03-01-2021 Page 5 of 5
Adjourn to Monday, March 15, 2021 at 5:00 p.m.
CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at:
4:45 p.m. February 24, 2021 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 8:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos
los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 8:00 de la mañana un día hábil antes de la reunión programada.
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 AND BUILDING DEPARTMENT
DATE: MARCH 1, 2021 SUBJECT: ADJUSTMENT NO. 14 TO THE DISNEYLAND RESORT SPECIFIC PLAN (SPN92-1T) AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 (CUP4078I) LOCATION: 321 West Katella Avenue and 400 West Disney Way (Anaheim GardenWalk) APPLICANT/PROPERTY OWNER: The property owner and applicant is STC
GardenWalk, LLC, represented by John Hsu. REQUEST: The applicant proposes Adjustment No. 14 to the Disneyland Resort Specific Plan No. 92-1 (DRSP) and an amendment to a conditional use permit to allow
additional uses as part of the Anaheim GardenWalk (GardenWalk) project.
BACKGROUND: This item was originally scheduled for a public hearing before the Planning Commission on December 7, 2020. Prior to the hearing, the applicant requested a one-month continuance to coordinate with their neighbors regarding concerns with some of the proposed uses. Subsequently, the applicant requested an
additional one-month continuance to continue those discussions. Based on discussions that the applicant had with the neighbors, as well as with the City Manager’s Office, he has decided to commission a market analysis for GardenWalk to determine if there are alternative, or additional, uses that the applicant should consider permitting at
GardenWalk. Staff anticipates that this analysis will take approximately two months;
therefore, the applicant requests a continuance to the May 10, 2021 Planning Commission meeting. RECOMMENDATION: Staff recommends that the Planning Commission continue
the public hearing for the subject project to the meeting of May 10, 2021, as requested by the applicant. Prepared by, Submitted by,
Elaine Thienprasiddhi, AICP Niki Wetzel, AICP Senior Planner Deputy Planning and Building Director Attachment: 1. Request for Continuance Letter
SP 92-1DEV 2010-00166JGARDENWALK SP 92-2DA1INDUSTRIAL
SP 92-1DA3AFIRE STATION
SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT
SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT
SP 93-1WORLDMARK
SP 92-2DA1CASTLE INN& SUITES
SP 92-2DA1AMERICA'S BEST VALUEINN & SUITES
SP 92-2DA1VACANT
SP 92-2DA1HOLIDAY INNEXPRESS ANAHEIM
SP 92-2DA1ANAHEIM RESIDENCE INN
SP 92-2DA1VACANT
SP 92-2DA1SUPER 8MOTEL
SP 92-1
DA5ANAHEIM PLAZA
HOTEL
SP 92-2DA1HYATT HOUSE HOTEL
SP 92-1DA3AGARDENWALK
SP 92-1DA3AGARDENWALK
SP 92-2
DA1CASTLE INN& SUITES
SP 92-2DA1VACANT
SP 93-1EXTENDED STAYAMERICA
SP 93-1LA QUINTAINN & SUITES
SP 92-2DA1RENT-A-CAR
W KATELLA AVE
S C L E M E N T I N E S T
W DISNEY WAY W DISNEY WAY
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321 West Katella Avenue and 400 West Disney Way
DEV No. 2010-00166J
Subject Property APN: 082-551-11
082-551-15082-551-05082-551-14
082-551-13082-551-06
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W KATELLA AVE
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321 West Katella Avenue and 400 West Disney Way
DEV No. 2010-00166J
Subject Property APN: 082-551-11
082-551-15082-551-05082-551-14
082-551-13082-551-06
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Aerial Photo:May 2020
ATTACHMENT NO. 1
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 1, 2021 SUBJECT: CONDITIONAL USE PERMIT NO. 2020-06095 LOCATION: 1150 North Harbor Boulevard, Suite 170 (Circle K) APPLICANT/PROPERTY OWNER: The applicant is Kashmir Singh, and the property owner is Cal-Branson Investment, Inc.
REQUEST: The applicant is requesting approval of a Conditional Use Permit to allow off-premises sale of alcoholic beverages in conjunction with the upgrade of an existing Type 20 Off-Sale Beer and Wine Department of Alcoholic Beverage
Control (ABC) license to a Type 21 Off-Sale General license at an existing
convenience store.
RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approve Conditional Use Permit No. 2020-06095.
BACKGROUND: The subject 2,620 square foot convenience store is within a 13,450 square foot commercial shopping center that is located on a 1.14-acre
property. The property is located in the “C-G” General Commercial zone, and the General Plan designates the property under the Parks (OS-P) land use designation. The property is bordered by open space recreational uses to the east and south, commercial to the west, and commercial and residential uses to the north.
The off-premises sale of alcoholic beverages requires a Conditional Use Permit in
the C-G zone. Although the convenience store has had an ABC license for the off-premises sale of alcoholic beverages since 1988, staff research indicates that there are no zoning entitlements associated with the existing ABC license. The subject request will legalize the off-premises sale of alcoholic beverages in conjunction with
the upgrade of the existing Type 20 Off-Sale Beer and Wine ABC license to a Type 21 Off-Sale General ABC license. PROPOSAL: The applicant is requesting a Conditional Use Permit for off-premises sale of alcoholic beverages in conjunction with the upgrade an existing Type 20 Off-
Sale Beer and Wine Department license to a Type 21 Off-Sale General license at an
existing 2,640 square foot convenience store. No modifications to the building’s exterior or interior space are proposed. The convenience store would continue to sell prepackaged food, drinks, and hygiene products in addition to alcoholic beverages.
CONDITIONAL USE PERMIT NO. 2020-06095 March 1, 2021 Page 2 of 4
Based on the floor plan provided, beer and wine would be placed in the coolers located within the northeast portion of the store, as well in shelves adjacent to the coolers, and hard liquor would be stored behind the service counter. The total percentage of store floor area currently
dedicated to alcohol display is 25 percent, and the project scope does not propose to increase that
percentage. The convenience store would continue to operate 24 hours per day seven days a week with a staff of four employees.
FINDINGS AND ANALYSIS: 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 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;
CONDITIONAL USE PERMIT NO. 2020-06095 March 1, 2021 Page 3 of 4
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. Convenience stores with off-premise sales of alcoholic beverages require the approval of a
Conditional Use Permit in the General Commercial (C-G) zone in order to determine compatibility with the surrounding land uses. Staff believes that permitting the sale of alcoholic beverages for offsite consumption and upgrading the existing Type 20 ABC License to a Type 21 ABC License would not affect the surrounding land uses or growth of the area. The subject
convenience store has been operating with a Type 20 License since 1988; however, the site does
not have a prior zoning entitlement for the existing Type 20 License. Per Chapter 18.08.030 of the AMC, the sale of alcoholic beverages for offsite sales requires the processing and approval of a Conditional Use Permit. The applicant has applied for a Conditional Use Permit in conjunction with the upgrade of the current Type 20 License to a Type 21 License. The Conditional Use Permit would allow conditions of approval to be placed on the project , such as prohibiting any
exterior advertising of alcoholic beverages and requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. This property is located within Census Tract No. 865.01, which has a population of 4,848. This
census tract allows for two off sale licenses, and there are presently four licenses in the tract. One
of the four off-sale licenses belongs to Circle K, which was obtained in 1988 for a Type 20 License. As such, the upgrade to the existing license would not increase the total number of offsite sales licenses within the census tract. The findings for Public Convenience and Necessity (PCN) would not be required as the number of offsite licenses would not increase. Based on the review conducted by staff and the conditions applied to the subject application, staff can support
the request for offsite sales of alcoholic beverages and the change from a Type 20 to a Type 21 ABC license. 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, and would not cause a significant effect on the environment. The Applicant is requesting a Conditional Use Permit to allow the off-premises sale of alcoholic beverages; and, to upgrade the existing Type 20 ABC License to a Type 21 ABC License. The request pertains to an existing convenience store and does not include any interior or exterior improvements; and, therefore, the proposed project meets the criteria for a Class 1 Exemption. 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.
CONDITIONAL USE PERMIT NO. 2020-06095 March 1, 2021 Page 4 of 4
CONCLUSION: The proposed sale of alcoholic beverages for off-premises consumption is a compatible use with the surrounding area. The recommended conditions of approval would ensure that the sale of alcoholic beverages would not have an adverse impact on the
surrounding land uses. Staff recommends approval of this request.
Prepared by, Submitted by, Peter Lange Niki Wetzel, AICP Contract Planner Deputy Director of Planning and Building
Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Request 3. Justification Letter
4. Floor Plan
5. Police Department Memo 6. Photographs
PRLA PALMA PARK& STADIUM
C-GCARL'S JR.
C-GBUSINESSSCHOOL C-GBUSINESSSCHOOL
IINDUSTRIAL
C-GVACANTC-GVACANTC-GStarbucks
RM-4PARKING LOT
PRVACANTC-GPALM MOTOR LODGE
C-GMEDICAL OFFICE
C-G
RETAIL
C-GRETAIL
C-GVACANT
RM-3SINGLE FAMILYRESIDENCE
RM-4CORAL TREE APTS17 DU
C-GSERVICESTATION
C-GAUTO DEALERSHIP
C-G
PRESCHOOL
C-GDEV2020-00299RETAIL
RM-4 (MHP)MOBILEHOME PARK50 RESIDENTS
RS-2
SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
R S -2
S I N G L E F A M I L Y R E S I D E N C E
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S I N G L E F A M I L Y R E S I D E N C E
R S -2
S I N G L E F A M I L Y R E S I D E N C E
RM-4OFFICES
RM-4
OFFICES PROFFICES C-GCHURCH
C-G
CROWN MOTEL
PRVACANT
RM-4CHURCH
C-GTRAILER PARK7 RESIDENTS
P R
S P O R T S F I E L D
PROFFICES
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DEV No. 2020-00299
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[DRAFT] ATTACHMENT NO. 1
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RESOLUTION NO. PC2021-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2020-06095 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00299) (1150 NORTH HARBOR BOULEVARD, SUITE 170)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2020-06095 to permit the off-premise sale of alcoholic beverages in conjunction with the upgrade an existing “Type 20”
Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale
General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption for a convenience store (Circle K Conveinence Store), (herein referred to collectively as the "Proposed Project") for certain real property located at 1150 North Harbor Boulevard, Suite 170 in the City of Anaheim, County of Orange, State of California, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.14-acre property, is developed with a 13,450 square foot commercial center, including the 2,620 square foot convenience store.
The Anaheim General Plan designates the Property for Parks (OS-P) land uses. The Property is
located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 1, 2021 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 the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 seeing 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 at the Civic Center in the City of Anaheim on March 1, 2021 at
5:00 p.m. and 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 and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and
- 2 - PC2021-***
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 WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, 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 pertaining to the request for Conditional Use Permit No. 2020-06095, does find and
determine the following facts:
1. The off-premesis sale of alcoholic beverages within an existing covneinence store is an allowable use within the "C-G" General Commercial Zone under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone.
2. The use proposed under Conditional Use Permit No. 2020-06095 and based on the conditions imposed, is compatible with the existing uses in the surrounding area. Specifically, the application proposes to permit the off-premise sale of alcoholic beverages in conjunction
with the upgrade of the existing Type 20 ABC license to a Type 21 ABC license at an existing
convenience store. The Proejct will not result in any alterations to the interior of exterior of the commercial strip mall or the tenant space which the convenience store is located and as such, no impacts to the neighboring area will occur. 3. The size and shape of the site for the use proposed under Conditional Use Permit
No. 2020-06095 will not result in any impacts detrimental to the neighboring area as no improvements to the commercial shopping center or tenant space where the convenience store is located will occur. Rather, the application request is to permit the off-premesis sale of alcoholic beverages and to upgrade the existing ABC License to a Type 21 license.
4. The traffic generated by the uses proposed under Conditional Use Permit No. 2020-06095, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area as no development, which could impact circulation bordering the site, is proposed under the project scope.
5. The granting of Conditional Use Permit No. 2020-06095, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
- 3 - PC2021-***
WHEREAS, the 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. The 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 the Planning Commission does hereby approve Conditional Use Permit No. 2020-06095 and 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 under Conditional Use Permit No. 2020-
06095 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 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 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 March 1, 2021. 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
- 4 - PC2021-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 1, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS:
NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of March, 2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2021-***
- 6 - PC2021-***
EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2020-06095 (DEV2020-00299)
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
OPERATIONAL CONDITIONS
1 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department
2 The petitioner(s) shall be responsible to maintaining free of litter the area adjacent to the premesis over which they have control, as depicted.
Police Department
3 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building.
Police Department
4 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises.
Police Department
5 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
6 Petitioner(s) shall be police the area under their control in an effot to prevent the loitering of persons around the premesis. Police Department
7 There shall be no pay to play amusement machines or video game devices maintained upon the premises at any time. Police Department
8 There shall be no exterior advertising or sign on any kind or type, including advertising directed to the exterior from within, promoting or inidicating 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
9 Managers/Owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licenseee 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
10 The Petitioner(s) 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
- 7 - PC2021-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
11 The convenience market shall be operated in accordance with the 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 to ensure compatibility with the surrounding uses.
Planning and Building Department,
Planning Services Division
GENERAL CONDITIONS
12 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.
Planning and Building Department,
Planning Services
Division
13 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 and Building Department,
Planning Services Division
14 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 and Building Department,
Planning Services Division
15 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein.
Planning and Building Department,
Planning Services Division
4887 E. La Palma Ave.
Ste. 707 Anaheim, CA 92807
T : [714] 695-9300
F : [714] 693-1002
KARAKI WESTERN STATES
Engineering, Inc.
December 7, 2020
Project Name: Circle K Convenience Store
Project Address: 1150 N. Harbor Ave., Anaheim, CA 92801
APN: 267-131-06
LETTER OF REQUEST
Kashmir Singh on behalf of Cal-Branson Investment, Inc. is requesting the City of Anaheim to allow
Condition Use Permit ABC Type-21 (Off-Sale General) License (previously Type-20 Off-Sale Beer &
Wine) License for the existing Circle K Convenience Store at the North East corner of Harbor Blvd. and
W.Carl Karcher Way.
The improvements proposed to the site remains the same.
According to the City of Anaheim Zoning Map the property is located in the General Commercial (C-G).
The existing convenience store will have no change to the design of the surrounding areas. It will still
provide sale of prepackage food and beverages that will include the off sale of Beer, Wine & Spirits
(License Type-21). The C-store will operate 24/7 with approximately 4 employees.
ATTACHMENT NO. 2
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.KARAKIWS.COM
February 23, 2021
Mr. Peter Lange
Planning Division Manager
City of Anaheim
Office: 200 S. Anaheim Blvd. Anaheim CA 92805
T: 714-765-5139
SUBJECT: RE: JUSTIFICATION LETTER FOR FOR TYPE 21 ALCOHOL LICENSE
1150 N. HARBOR AVENUE, STE. 170 ANAHEIM, CA 92801
To whom it may concern:
This Justification Letter is for Type -21 Alcohol License application for the project located at 1150 N Harbor
Blvd. #170 in the City of Anaheim.
The location address is a currently a Circle-K convenience store, and has an existing Type-20 Alcohol license.
The existing convenience store will have no change to the design of the surrounding areas. It will still provide
sale of prepackage food and beverages that will include the off sale of Beer, Wine & Spirits (License Type-21)
Information:
# of employees / residents:
There will be total 4 for the Convenience Store.
Hours of operation:
Convenience Store open 24 hours 7days.
The convenience store will be required to obtain and comply with the requirements of a license from the
California Department of Alcoholic Beverage Control (“ABC”). Compliance with the ABC requirements and
other measures ensure that the sale of beer, wine, & spirits for offsite consumption at the Property will not be
detrimental to the health, safety or general welfare of the public.
If you have any concerns or questions, please do not hesitate to call me at 714-695-9300
We appreciate the Planning Division’s support of our proposed project and look forward to addressing any
questions or concerns the City might have with regard to our project.
Sincerely
Joseph Karaki
Applicant
ATTACHMENT NO. 3
WALL LEGEND
NOTES
AT
M
PROJECT DATA
ZONING CG
LAND USE GENERAL COMMERCIAL
BLDG SETBACKS
EAST (REAR)
NORTH (SIDE)
SOUTH (SIDE)
WEST (FRONT)
REQUIRED PROVIDED
LANDSCAPE AREA
LOT COVERAGE
FLOOR AREA RATIO
MAXIMUM HEIGHT
PARKING
PARKING COMPUTATION
PARKING STANDARDS
SIZE PROVIDED
REGULAR
COMPACT
HANDICAP
LOADING
TYPE
BIKE/MOTORCYCLE
PARKING REQUIREMENTS
USE FORMULA REQUIRED PROVIDED
BUILDING DATA
BUILDING C-STORE
OCCUPANCY
TYPE OF CONST
NUMBER OF STORY
AREA
BLDG HEIGHT
HANDICAP PARKING REQUIREMENTS
FORMULA REQUIRED PROVIDED
AREA OF SITE
CIRCLE K CONVENIENCE STORE
1150 N. HARBOR BLVD. SUITE #170
ANAHEIM, CA 92801
ABC - TYPE 21 (OFF-SALE GENERAL LICENSE)
VICINITY / SITE MAP
J
I
H
G
F
E
D
C
B
A
1 2 3 4 5 6 7 8 9 10 11 12 13 14
NOTE TO CONTRACTOR
3
4
2
1
DESCRIPTIONNO.BY DATE
REVISIONS
SUBMITTAL
OWNER NAME & ADDRESS
PROJECT NAME & ADDRESS
CONFIDENTIALITY STATEMENT
SHEET NUMBER
SHEET TITLE
1
A
B
C
D
E
F
G
H
2 3 4 5 6
J
7 8 109 11 12 13 14
DRAWN BY:
PLOT DATE:
CHECKED BY:
DATEBYNO. DESCRIPTION
DESIGNED BY:
SCALE:
I
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CONSULTANT/ SEALS
E86110
CAL-BRANSON INVESTMENT
CIRCLE K
KARAKI
CONVENIENCE STORE
1150 N. HARBOR BLVD. SUITE #170
ANAHEIM, CA, CA 92801
Plotted: Wednesday, January 27, 2021 2:03 PM ChristopherTamase
12.07.20
115O N. HARBOR BLVD.
ANAHEIM, CA 92801
8+%+0+6;/#2
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#ÄSCALE:1 (E) FLOOR PLAN
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PROJECT SITE
ATTACHMENT NO. 4
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5
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
PROJECT: CIRCLE K CONVENIENCE STATION (ABC TYPE-21 OFF-SALE GENERAL LICENSE)
PROJECT ADDRESS: 1150 N. HARBOR BLVD., STE.#170, ANAHEIM, CA 90805
PROJECT SITE AERIAL PHOTO (GOOGLE)
5
PROJECT
SITE
1
6
4 2
3
5
ATTACHMENT NO. 6
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
PROJECT SITE PHOTOS
1. PROJECT SITE – NORTHWEST (ALONG W. CARL KARCHER WAY)
2. PROJECT SITE – NORTH (ALONG W. CARL KARCHER WAY)
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
3. PROJECT SITE – WEST (ALONG N. HARBOR BLVD)
4. ADJACENT PROPERTIES - NORTH (COMMERCIAL)
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
5. ADJACENT PROPERTIES - NORTHWEST (COMMERCIAL)
6. ADJACENT PROPERTIES - WEST (COMMERCIAL)
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
INTERIOR PHOTOS
K A R A K I l WESTERN STATES
4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807
T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM
1
Peter Lange
From:Tracy <>
Sent:Monday, March 01, 2021 11:34 AM
To:Peter Lange
Subject:1150 N Harbor Blvd - Planning Commission
As an Anaheim resident for over 15 years, I urge the City to consider the following while building the Community Center
on Harbor Blvd:
1. There are A LOT of homeless people in the area, especially around La Palma Park. They will likely gravitate to the new
structure. This could cause people to steer away, create more trash and unsightly items.
2. This area is RIGHT at the freeway on-ramp causing more congestion especially since Carls Jr and Starbucks already
have people stopping to make right turns. I hear many cars speeding down Harbor Blvd, burning out and skidding. This
is a safety issue and I know police would be able to sit at Romneya and Harbor and catch people several times a day.
3. Parking - hopefully this center has allotted enough parking or it will overflow to Carls Jr and Starbucks. I foresee more
traffic at this corner where people already jay walk, speed and traffic can back up.
Thank you,
Tracy Fleischer
NEW CORRESPONDENCE
ITEM NO. 3