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Resolution-PC 2023-014RESOLUTION NO. PC2023-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO 2411 TO PERMIT AN EXPANSION OF AN EXISTING CONVINIENCE STORE AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR OFF -PREMISES CONSUMPTION AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00283/CUP2021-06124) (1000 - 1004 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve an amendment to Conditional Use Permit No. 2411 to allow an expansion of an existing Convenience Store at a Service Station by converting existing Service Station vehicle service bays and a request to approve a determination of public convenience or necessity to permit the sale of alcoholic beverages (beer and wine) for off -premises consumption (Type 20 Off -Sale General) in conjunction with a 1,681 -square foot Convenience Store and Service Station (the "Proposed Project'), on certain real property located at 1000 —1004 North State College 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 0.49 acres in area and is developed with a Service Station, Convenience Store building, and two fueling canopy structures. The Service Station building includes an approximately 600 square foot Convenience Store and three vehicle service bays approximately 1,100 square feet in size. The property is designated for Neighborhood Commercial uses in the General Plan. The property is also located in the "C -G" General Commercial Zone and is subject to the development standards and regulations of Chapter 18.08 (Commercial Zones), Section 18.38.070 (Automobile Service Stations), and Section 18.38.110 (Convenience Stores) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Convenience Stores require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .140 of Section 18.08.030 (Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 24, 2023, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15061 (b)(3) — Common Sense Exemption. The request consists of converting the existing vehicle service bays to an expansion of the existing Convenience Store with no physical building expansion proposed as part of the request. This request will not affect the adjoining land uses, is not anticipated to cause any detriment to the health and safety of the particular area and would not impose an undue burden upon the roadways. There are no unusual circumstances with respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is an allowable use within the "C -G" General Commercial Zone Section 18.08.030 (Uses) of the Code, subject to approval of a conditional use permit for Convenience Stores. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area because the Proposed Project consists of an expansion of an existing use and would continue to operate in similar fashion as the existing Service Station and Convenience Store located within the subject site. The proposed exterior improvements on the Property are consistent with the required on-site improvements in the General Commercial zone, with adequate vehicle access from the public right-of-way. 3. The size and shape of the Property are adequate to allow the full operation of the Proposed Project in a manner not detrimental to either the particular area or to the health and safety of the public because the commercial site can accommodate the required parking, vehicle access, and circulation without creating detrimental effects on adjacent properties. The proposed expansion of the Convenience Store with the conversion of the existing vehicle service bay area will continue to operate similarly to that of the existing Service Station and Convenience Store. 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways, as they are designed and improved to carry the anticipated traffic generated by the Proposed Project. Additionally, the parking layout improvements will provide a designated loading space located away from the fuel pumps to prevent on-site congestion and enhance the vehicle circulation of the site. The Proposed Project will not exceed the anticipated volumes of traffic or daily trips, as City staff have reviewed and approved a Traffic Impact Assessment prepared for the Project. The TIA concluded that the proposed Project would not - 2 - PC2023-014 significantly impact the surrounding roadway network and provided an adequate on-site circulation pattern. 5. The granting of the conditional use permit amendment would not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would expand the existing Service Station Convenience Store area on the subject property which is compatible with the existing uses in the surrounding area, subject to compliance with the conditions contained herein; 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 for Development Application No. 2020-00283, 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 lower 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 does not exceed 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. - 3 - PC2023-014 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 Property is in Census Tract Number 864.02, which has a population of 5,503 persons. This population allows for three off -sale Alcoholic Beverage Control licenses, and there are presently six licenses in the tract. The property is within Police Reporting District 1428, which is below the City average for crime. Within a 12 -month period, starting in July of 2021, the Police Department collected 100 incident reports for vehicle code violations, gangs, and assisting other agencies, 41 thefts, and 64 drug violations. Although the crime rate is below the citywide average, there is an overconcentration in the number of off -sale ABC licenses within the census tract, and a determination of "public convenience or necessity" is required. 6. The request to permit alcoholic beverage sales for off -premises consumption in conjunction with 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 consistent with other similar to other Service Stations with Convenience Stores in the City. Conditions imposed on the Proposed Project will ensure that potential nuisances associated with the proposed use will be minimized, and the use would be compatible to surrounding land uses. 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guidelines for such determinations and fiuther that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, for off premises consumption there 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 the conditional use permit, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the conditional use permit 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 - 4 - PC2023-014 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 of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED, that the Planning Commission does hereby 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 April 24, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. C IRPERSON, PLA G C MMISSION OF THE CITY OF, IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2023-014 EXHIBIT "A" DEV NO. 2020-00283 APN: 265-231-01 E BANYAN DR O J fil W 148' W J J M � Q u y ti� 1132' H Q v~i E LA PALMA AVE z a ha 0 E SVCAMp0.E SS = ¢"' Oo sc m° Source Recorded Tract Maps and/or City GIS. vPlease note the accuracy is +/- two to five feet. PC2023-014 EXHIBIT "B" Conditional Use Permit (DEV2020-00283lCUP2021-06124) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO BUILDING PERMIT ISSUANCE The property owner shall irrevocably offer to dedicate to the Public Works Department, 1 City of Anaheim a corner cut dedication at the intersection of Development Services State College Boulevard and La Palma Avenue. A Right of Way Construction Permit shall be obtained from Public Works Department, the Development Services Division for all work performed in Development Services the public right-of-way. State College Blvd is under 2 moratorium until February 2025 and La Palma Ave is under moratorium until June 2023. Please note that any trenching in streets under moratorium requires prior approval from the City Engineer. If approved, extensive pavement restoration and its limits shall be determined by the City Engineer. The required improvements shall include the removal and Public Works Department, reconstruction of driveway approaches, curb ramp, and Development Services pavement restoration per City standard as determined and approved by the City Engineer. Due to the moratorium status of State College Boulevard and La Palma Avenue, a lump sum 3 of money, in an amount approved by the City Engineer to be sufficient to pay for the required improvements, shall be paid to the City of Anaheim in the form of a Cash in Lieu (CIL). A Cost Estimate for the improvements should be prepared by a certified civil engineer and reviewed by the Public Works Development Services for final determination of fee. The legal owner shall submit an application for a Subdivision Public Works Department, Map Act Certificate of Compliance to the Public Works Development Services 4 Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. All grading, trenching and excavation activities shall be carried Planning and Building out in accordance with the site's Soil Management Plan, Department, 5 including but not limited to performing soil sampling before Planning Services Division work in previously un -sampled areas under the building where the service bays were located and a note to this effect shall be included on the applicable construction plans. OPERATIONAL PC2023-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 All new landscaping shall be installed in conformance with Planning and Building Chapter 18.46 (Landscape and Screening) of the Anaheim Department, Municipal Code and shall be maintained in perpetuity. Planning Services Division Landscaping shall be replaced in a timely manner if it is removed, dams ed, diseased, and/or dead. 7 The business shall be operated in accordance with the Letter of Planning and Building Request and Statement of Operations submitted as part of this Department, application. Any changes to the business operation, as described Planning Services Division in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Statement of Operations and to ensure compatibility with the surrounding uses. 8 The owner/business operator shall install and use interior and Police Department exterior video surveillance to promote shopper and business safety, and the appearance of safety. Video surveillance signs shall be posted notifying the customer. 9 The exterior of the building and parking lot shall be illuminated Police Department during all hours of darkness. 10 The owner/business operator shall be responsible for Police Department maintaining free of litter, the area adjacent to the premises over which they have control i.e., parking lot, landscape setback. 11 Keep lines of sight open. Prune trees and shrubs to allow visual Police Department access to all parts of the premises. 12 Any graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours. 13 Do not cover the entrance windows with posters and Police Department announcements that obstruct natural surveillance. 14 The possession of alcoholic beverages in open containers and Police Department the consumption of alcoholic beverages are prohibited on or around this premises. 15 Owner/business operator shall police the area under their control Police Department to prevent the loitering of persons around the premises. 16 The petitioner(s) shall post and maintain a professional quality Police Department sign facing the premises parking lot(s) that Police Department reads as follows: PC2023-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 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. 17 Locate check-out counters near the front of the store, clearly Police Department visible from the outside. Positioned near the main entrance, employees can better watch any activities. 18 Use interior shelving and displays no higher than 5 feet, even Police Department less in front of windows to maintain clear visibility from inside the store, and from the store to the street, sidewalk, parking area, and passing vehicles. 19 The interior area of alcoholic beverage displays shall not exceed Police Department 25% of the total display area inside the Convenience Store. 20 There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 21 No more than 33% of the square footage of the windows and Police Department clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the remises. 22 No display of alcoholic beverages shall be located outside of the Police Department Convenience Store. 23 No display of alcoholic beverages shall be located within ten Police Department (10) feet of any public entrance to the Convenience Store. 24 Beer cases and wine bottles shall be in the rear coolers as stated Police Department by the applicant. 25 Beer and malt beverages shall not be sold in packages containing Police Department less than a three (3) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. PC2023-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 There shall be no pay to play amusement machines or video Police Department game devices maintained upon the premises at any time. 27 Managers/Owners shall contact the Department of Alcoholic Police Department 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. 28 The hours of operation for the Convenience Store will be 24 Police Department hours a day. Beer and wine will be sold from 6:00 am to 2:00 am daily as stated by the applicant in the Project Description. The Police Department requests the hours of operation to remain the same to monitor calls for service. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 29 All remaining fees/deposits required by Public Works Public Works Department, Department must be paid in full. Development Services GENERAL 30 That ongoing during project operations, vehicle deliveries Public Works Department, including loading and unloading shall be performed on Traffic Services site. Delivery vehicles shall not block any part of the public right of way. 31 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "Indemnitees') from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or 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. 32 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Division IL Department, and as conditioned herein. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 33 Conditions of approval related to each of the timing milestones Planning and Building above shall be prominently displayed by the applicant on plans Department, submitted for permits. For example, conditions of approval that Planning Services Division are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 34 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. PC2023-014 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 24, 2023, by the following vote of the members thereof: AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Perez, Tran -Martin, and Walker NOES: ABSTAIN: ABSENT: Commissioner Lieberman IN WITNESS WHEREOF, I have hereunto set my hand this 24h day of April 2023. u SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-014