Resolution-PC 2021-035
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RESOLUTION NO. PC2021-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2021-06104, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2021-00157,
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2021-00118)
(2666 West Lincoln Boulevard)
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. 2021-06104 and (ii) Public Convenience or Necessity No. 2021-00157 to
permit the sales of alcoholic beverages for off-premises consumption (Type 21 Off-Sale
General ABC License) in conjunction with an existing convenience Store (referred to
herein as the "Proposed Project"), at a certain real property located at 2666 West Lincoln
Boulevard 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 20,766 square feet in area and is
developed with an approximately 5,781 square foot multi-tenant one-story commercial
building. The subject tenant space is 1,753 square feet in area. The Property is designated
for Residential-Low Medium land uses by the Anaheim General Plan. The Property is
located in the "CG" Commercial General Zone and is, therefore, subject to the zoning and
development standards set forth in Chapter 18.08 Commercial Zones) of the Anaheim
Municipal Code (“AMC”); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 8, 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 AMC, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2021-06104 and Public Convenience or Necessity
No. 2021-00157 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 Local CEQA Procedures, the City is the "lead
agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
WHEREAS, the 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 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 determination, and that, therefore, pursuant to
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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, 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 Conditional Use Permit No. 2021-
06104, does find and determine the following:
1. The proposed sales of alcoholic beverages for off-premises
consumption in conjunction with an existing convenience 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 existing 1,753 square foot convenience store is located within a
5,781 square foot multi-tenant one-story commercial building on a 20,766 square foot
property. In addition to the convenience store, a bar, and a restaurant that does not sell
alcoholic beverages occupy the subject building. The sale of alcoholic beverages (beer,
wine, and spirits) for off-premises (off-sale) consumption in conjunction with the existing
convenience store will require a Type 21 Off-Sale General License from the State of
California Department of Alcohol Beverage Control (ABC) which are issued for grocery
stores, markets, and convenience stores. The existing convenience store currently sells a
range of everyday items including snack foods, bottled beverages, groceries, over the
counter medications, and toiletries. In addition, the store offers notary services and DMV
registration services. The convenience store’s existing hours of operation are 10:00 am to
10:00 pm daily and would stay the same as part of the subject proposal. As indicated on
the floor plan, the display of beer and other malt beverages would occur in two coolers.
The display of spirits would occur behind the service counter/register area and only be
accessible to store personnel. In addition, alcoholic beverages not on display would be
stored in the storage room that would not be accessible to the public. The total percentage
of store floor area that would be dedicated to alcohol display is around 10 percent. The
Project will result in minor alterations to the interior of the store and as required by the
conditions of approval, existing nonconforming signs will be abated and new code
compliant signage will be installed. Landscaping will be installed on the subject property
if feasible. Further, an existing non-permitted vehicle rental use will be abated. As outlined
herein and subject to the imposed conditions of approval, 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. The proposed project does not involve any new construction or
expansion of the existing convenience store. The existing hours of operation 10:00 am to
10:00 pm daily would remain the same. The existing parking lot will not change as a result
of the proposed use nor will the proposed use increase the demand for parking. With
implementation of the conditions of approval, 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.
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4. The traffic generated by the use proposed under the conditions imposed,
will not impose an undue burden upon the streets and highways. Adequate access to the
site is provided by driveways off Lincoln Avenue and Stinson Street. The addition of off-
site alcohol sales to the existing convenience store would not increase the traffic load from
what currently exists on the site.
5. The granting of the conditional use permit to allow the off-site sale of
alcoholic beverages in conjunction within an existing convenience store subject to the
conditions of approval imposed 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 compatible with
surrounding land uses. Further, Staff shall conduct an inspection of the subject site at six
months and one year following the effective date of the conditional use permit approval or
as deemed necessary, and the applicant shall submit to the Planning Division a written
summary of compliance with all applicable conditions at six months and one year following
the effective date of the conditional use permit approval for review by the Planning
Director. If it is determined that the applicant is not complying with said conditions and/or
it is determined that the proposed use is creating a nuisance, affecting the health and safety
of the community, and/or having an adverse impact on the surrounding land uses the
Planning Director pursuant to AMC Section 18.60.200 – Revocation or Modification of
Permits, may initiate revocation or modification of the subject conditional use permit and
schedule a hearing before the Planning Commission and/or City Council for consideration
of revocation and/or modification; 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 Determination of Public
Convenience or Necessity No. 2021-00157, 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.
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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.
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.
5. The subject location is in Census Tract Number 870.01, which has a
population of 5,537. This population allows for 7 on-sale Alcoholic Beverage Control
licenses and there are presently 2 licenses in the tract. It also allows for 3 off-sale licenses
and there are presently no licenses in the tract. This subject location is within Police
Reporting District 1717, which is 133% above the city average in crime. There have been
many calls for service to this location in the last year; the owner has been very pro-active
in calling the police to assist him in cleaning up the transient and loitering issue that exists
in the area. The ¼-mile radius surrounding this location is 207% above the city average in
crime. Since the 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 a 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 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 compatible to
surrounding land uses. Further, Staff shall conduct an inspection of the subject site at six
months and one year following the effective date of the conditional use permit approval or
as deemed necessary and the applicant shall submit to the Planning Division a written
summary of compliance with all applicable conditions at six months and one year following
the effective date of the conditional use permit approval for review by the Planning
Director. If it is determined that the applicant is not complying with said conditions and/or
it is determined that the proposed use is creating a nuisance, affecting the health and safety
of the community, and/or having an adverse impact on the surrounding land uses the
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Planning Director, pursuant to AMC Section 18.60.200 – Revocation or Modification of
Permits, may initiate revocation or modification of the subject conditional use permit and
schedule a hearing before the Planning Commission and/or City Council for consideration
of revocation and/or modification.
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 Conditional Use Permit No. 2021-06104
and Public Convenience or Necessity No. 2021-00157, 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. 2021-06104 and
Public Convenience or Necessity No. 2021-00157 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 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
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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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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Laverne Ortiz, 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 November 8, 2021, by the following
vote of the members thereof:
AYES: CHAIRPERSON: MEEKS, COMMISSIONERS: KEYS, KRING,
VADODARIA, WHITE, PEREZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of
November, 2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2021-06104;
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2021-00157
(DEV2021-00118)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1. 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
2. The business shall be operated in accordance with the Letter of Request
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 & Building
Department, Planning
Services Division
3. The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a subject tenant space and shall be consistent with the floor
plan approved as part of the subject conditional use permit.
Police Department
4. The petitioner shall store all hard alcohol behind the cash register in a
locked cabinet. Police Department
5. The hours of operation for the subject convenience store shall be 10:00
am to 10:00 pm daily. There shall be two employees on the premises
during business hours.
Police Department
Planning & Building
Department, Planning
Services Division
6. Closed circuit television (CCTV) security camera system, with the
following coverage areas:
• Interior entrance to store
• Exterior entrance to store
• Rear and front parking areas
• Cashier’s area
CCTV monitors and recorders should be secured in a separate locked
compartment to prevent theft of, or tampering with, the recording.
CCTV recordings should be kept for a minimum of 30 days before
being deleted or recorded over.
Police Department
Planning & Building
Department, Planning
Services Division
7. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32
oz., 40 oz., or similar size containers is prohibited. No beer or malt Police Department
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NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
beverages shall be sold in quantities of less than a pre-packaged three
pack per sale. Planning & Building
Department, Planning
Services Division
8. The display and sale of airplane service sized bottles of alcohol
(approximately 50 milliliters in size) shall be prohibited. Police Department
Planning & Building
Department, Planning
Services Division
9. The operator shall lock the beer cabinets at 6:00 pm and have an
employee assist with purchase. Police Department
Planning & Building
Department, Planning
Services Division
10. 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
Planning & Building
Department, Planning
Services Division
11. The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
Police Department
Planning & Building
Department, Planning
Services Division
12. The petitioner(s) shall be responsible for maintaining free of litter the
area adjacent to the storefront and the parking area; and shall install a
trash receptacle in front of the storefront.
Police Department
Planning & Building
Department, Planning
Services Division
13. Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons around the premises. Police Department
Planning & Building
Department, Planning
Services Division
14. There shall be no pay to play amusement machines or video game
devices maintained upon the premises at any time. Police Department
Planning & Building
Department, Planning
Services Division
15. 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
Planning & Building
Department, Planning
Services Division
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NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16. Managers/Owners 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
17. 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
Planning & Building
Department, Planning
Services Division
18. There shall be no tables or seating for customers, no serving of meals or
beverages on-site, and no sale of open containers, pre-prepared or mixed
alcoholic beverages.
Planning & Building
Department, Planning
Services Division
19. The gate at the rear parking area shall be closed and locked each night
after business hours. Planning & Building
Department, Planning
Services Division
GENERAL CONDITIONS OF APPROVAL
20. Prior to the sale of alcoholic beverages, all applicable conditions of
approval shall be completed, and the site shall be in compliance with all
applicable Municipal Code requirements.
Planning & Building
Department, Planning
Services Division
21. The vehicle rental business operated by the applicant shall cease
operations immediately and all rental vehicles shall be removed from
the subject property until and unless the applicant applies for and secures
approval of a conditional use permit.
Planning & Building
Department, Planning
Services Division
22. Within 30 days following the approval of the conditional use permit, the
applicant shall remove the existing Sara’s Boutique” cabinet sign,
remove any non-permitted banner signs and remove all nonconforming
window signage.
Planning & Building
Department, Planning
Services Division
23. Within 60 days following the approval of the conditional use permit, the
applicant shall remove the existing stencil painted signs and install a
code compliant permanent wall sign above the storefront, subject to
review and approval of the Planning and Building Department.
Planning & Building
Department, Planning
Services Division
24. 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
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NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
25. Within 180 days of approval of this conditional use permit, the applicant
shall submit a landscape plan to the Planning Division for review and
approval by the Planning and Building Director. Within 60 days of
approval of a landscape plan by the Planning and Building Director, the
applicant shall install and continuously maintain onsite landscaping
including drought tolerant plants and replace in a timely manner in the
event that said landscaping is removed, damaged, diseased and/or dead.
Planning and Building
Department,
Planning Services
Division
26. Planning and Code Enforcement staff shall conduct an inspection of the
subject site at six months and one year following the effective date of
the conditional use permit approval and/or as determined as necessary
before or thereafter. The applicant shall submit to the Planning Division
a written summary of compliance with all applicable conditions six
months and one year following the effective date of the conditional use
permit approval for review by the Planning Director. If it is determined
that the applicant is not complying with said conditions and/or it is
determined that the proposed use is creating a nuisance, affecting the
health and safety of the community, and/or having an adverse impact on
the surrounding land uses the Planning Director pursuant to AMC
Section 18.60.200 – Revocation or Modification of Permits, may initiate
revocation or modification of the subject conditional use permit and
schedule a hearing before the Planning Commission and/or City Council
for consideration of revocation and/or modification.
Planning and Building
Department,
Planning Services
Division
Code Enforcement
Division
27. 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
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NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
28. 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
29. 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