Resolution-PC 2024-002RESOLUTION NO. PC2024-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR OFF -SITE CONSUMPTION, AN AMENDMENT
TO CONDITIONAL USE PERMIT NO 2725 TO REMOVE A
CONDITION OF APPROVAL, AND AN ADMINISTRATIVE
ADJUSTMENT FOR A 5% REDUCTION IN CODE -REQUIRED
PARKING AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2023-00011)
(2125-2129 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a Determination of Public Convenience
or Necessity to permit the sale of alcoholic beverages for off -site consumption (Type 21 General),
and amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an
administrative adjustment for a 5% reduction in the number of required parking spaces (the
"Proposed Project'), on certain real property located at 2125-2129 South Harbor 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 0.81-acres in area and is developed with a
51-room motel and a 2,667 square foot freestanding commercial building. The property is
designated for Commercial Recreation land uses in the General Plan. The property is located in
the C-R District of the Anaheim Resort Specific Plan (SP 92-2) and is subject to the zoning and
development standards contained in Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2) of
the Anaheim Municipal Code (the "Code"); and
WHEREAS, a Determination of Public Convenience or Necessity is subject to approval
by the Planning Commission pursuant to Section 18.60.220 (Determination of Public Convenience
or Necessity); a major amendment to a conditional use permit is processed in the same manner as
a new permit and subject to a new public hearing pursuant to Subsection .030 of Section 18.60.190
(Amendment of Permit Approval); and an administrative adjustment in conjunction with an
application that requires Planning Commission action is subject to review and approval by the
Planning Commission pursuant to Section 18.60.190 (Procedures); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 2024, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301, 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. The proposed project does not include the expansion of the existing freestanding
building or motel use, and all business activities would occur within the existing structure.
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; 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. 2023-00011, 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.
(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.
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(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 off -premises consumption is permitted by the Code, said
recommendations shall take the form of conditions of approval to be imposed on the determination
in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect
any adjoining land use or the growth and development of the surrounding area.
5. The Property is in Census Tract Number 884.02, which incorporates the City of
Anaheim and the City of Garden Grove with a population of 4,679 persons. This population allows
for two off -sale Alcoholic Beverage Control licenses, and there are presently three licenses in the
tract. The property is within Police Reporting District 2224, which is below the City average crime.
In 2023, there were 59 crimes with the top crimes being larceny, vehicle theft, and robbery.
Because there is an overconcentration in the number of off -sale ABC license within the census
tract, a determination of "public convenience or necessity" is required.
6. The request to permit alcoholic beverage sales for off -premises consumption in
conjunction with the retail sales -general use 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 patrons of the surrounding Anaheim Resort area. Conditions
imposed on the Proposed Project will ensure that potential nuisances associated with the proposed
use will be minimized, and the use would be compatible to surrounding land uses.
7. The determination of "Public Convenience or Necessity" can be made based on the
finding that the license requested is consistent with the Planning Commission guidelines for such
determinations and further that the granting of the determination of Public Convenience or
Necessity, under the conditions imposed, will not be detrimental to the health and safety of the
citizens of the City of Anaheim; 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 use of the property is one for which a conditional use permit is
authorized by the Code. The Code permits hotels and motels south of Orangewood Avenue with
approval of a conditional use permit. Retail sales -general uses with sales of alcohol for off -
premises consumption are permitted by right in the C-R District of SP 92-2, provided that the use
- 3 - PC2024-002
is incidental to and integrated with a hotel or motel. The existing motel was approved by the
Planning Commission under Conditional Use Permit No. 2725, and the existing retail sales -general
use is permitted by right when incidental to and integrated with a motel.
2. The proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is located. The motel and various commercial uses have
operated on the subject site since the conditional use permit approval in 1985. The surrounding
properties include other commercial uses along Harbor Boulevard and multiple -family residential
to the east. The motel and retail sales -general uses are compatible with the surrounding land uses
and all business activities will occur within the existing buildings.
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. The motel and commercial building were originally approved in 1985. There are no
proposed exterior modifications to the site or expansions of the building footprints under this
application. Based on the applicant's parking justification letter, there is adequate parking
available on -site for both the motel and retail sales -general use at the observed peak hours of
operation.
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. The applicant submitted a parking justification letter providing
parking counts for the subject property during business hours for a weekday and weekend. Based
on the counts provided, the peak time for the motel and retail sales -general use was between the
hours of 8:00 a.m. and 9:00 a.m. on a Saturday when a total of 38 parking spaces were occupied.
There is a total of 44 parking spaces available on -site. The existing businesses are currently
operating with no observed burden upon the nearby streets and highways from these uses.
5. The granting of the conditional use pen -nit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim. The applicant is
requesting the removal of a condition of approval requiring a restrictive covenant on the property
which restricted the use of the commercial building as a means, in conjunction with a variance, to
address a deficiency in Code required parking for the motel and commercial building. In
conjunction with the request to remove the condition, the applicant is requesting an Administrative
Adjustment, discussed below, to reduce the Code required parking. All business activities will
occur within the existing buildings and are consistent with the other commercial uses in the
vicinity.
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 an administrative adjustment, does find and determine the
following facts:
1. The adjustment is consistent with the purposes and intent of the Zoning Code. The
applicant requests an administrative adjustment to allow for fewer parking spaces than required by
the Code. The Code permits a deviation of up to 20% from the parking requirements through an
- 4 - PC2024-002
administrative adjustment. The retail sales -general use and motel would require 46 parking spaces,
and 44 parking spaces are provided on -site, representing a 5% reduction in Code -required spaces.
Therefore, the request for the administrative adjustment of 5% is consistent with the purpose and
intent of the Zoning Code.
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require adjustment. Due to existing improvement on the property, additional
parking cannot be achieved on -site. The motel and freestanding commercial retail building are
existing and permitted uses, and the subject application does not propose any changes to the
building footprints or general use classifications for the motel and commercial retail use.
3. The proposed administrative adjustment will not produce a result that is out of
character or detrimental to the neighborhood. The applicant conducted a parking demand analysis
at the project site on November 21, 2023, November 24, 2023, and November 25, 2023, between
the hours of 8:00 a.m, and 10:00 p.m. The maximum number of spaces used at any one time was
38 spaces, which occurred between 8:00 a.m. and 9:00 a.m. on Saturday, November 25, 2023, and
is less than the 44 spaces provided. The parking demand analysis was conducted when both the
motel and retail sales -general use were operating under normal conditions. Therefore, it can be
assumed that adequate parking is provided on -site and would not be detrimental to the
neighborhood.
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 amendment to this 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 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 the conditions of approval attached to this
Resolution as Exhibit B amend and hereby replace in their entirety the Previous Conditions of
- 5 - PC2024-002
Approval adopted by Resolution No. PC85-231 for Conditional Use Permit No. 2725 for a 51-unit
motel and existing commercial building, and therefore shall control and govern the Property.
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 January 17, 2024. 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, PLANkINGtOMMISSION
OF THE CITY OF ANAHEIMI -)
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO.2023-00011
APN:
137-124-27
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293'
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292'
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Source: Recorded Tract Maps and/or City GIS.
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Please note the accuracy is +/- two to five feet.
PC2024-002
EXHIBIT "B"
DETERNIINATION OF PUBLIC CONVENIENCE AND NECESSITY
CONDITIONAL USE PERMIT
ADMINISTRATIVE ADJUSTMENT
(DEV2023-00011)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL — ABC LICENSED PREMISE
1
The business shall be operated in accordance with the Letter of
Planning and Building
Justification submitted as part of this application. Any changes
Department,
to the business operation, as described in that document, shall be
Planning Services Division
subject to review and approval by the Planning Director to
determine substantial conformance with the Letter of
Justification and to ensure compatibility with the surrounding
uses.
2
The owner/operator shall install Closed Circuit Television
Police Department
(CCTV) security cameras in the interior and exterior of the
business to promote patron and business safety and the
appearance of safety. Video surveillance signs shall be posted
notifying the patron.
CCTV monitors and recorders shall be secured in a separate
locked compartment to prevent theft of, or tampering with, the
recording. Recordings should be kept for a minimum of 30 days
before being deleted or recorded over.
3
If an alarm system is installed, complete an Alarm Permit with
Police Department
the Anaheim Police Department on-line prior to initial alarm
activation and keep the registration up to date.
4
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 emploj ees.
5
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.
PC2024-002
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
Distilled spirits for sale shall only be displayed behind the cash
Police Department
register.
7
All beer cases and wine bottles shall be located in the rear
Police Department
coolers.
8
No display of alcoholic beverages shall be located within ten
Police Department
(10) feet of any public entrance to the establishment.
9
No ice coolers, miniature portable refrigeration, or any size
Police Department
buckers shall be used to hold beer, wine, or distilled spirits for
sale in the general floor area.
10 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
y in •acka_,es containing, less than a four,,4) pack.
11
Beer, wine, malt beverages and distilled spirits cannot be sold in
Police Department
containers less than 12 ounces.
12
There shall be no pay to play amusement machines or video
Police Department
game devices maintained upon the premises at any time.
13
The hours of operation will be from 7:00 a.m. to 11:00 p.m.
Police Department
Monday to Thursday, and 7:00 am. to 12:00 a.m. Friday to
Sunday, as stated by the applicant in the Letter of Justification.
14
A maximum of 10% of the largest window pane or 4 square feet,
Planning and Building
whichever is less, is permitted for window identification signs.
Department,
All window identification sign copy shall only include the name
Planning Services Division
of the business, and electronic message boards are not permitted.
Any signage or advertisement that is within 5 feet from the
window pane will count towards the above square footage
requirements. All window signage shall be modified to meet the
Code requirements within 30 day s of this approval.
OPERATIONAL —PROPERTY
15
The businesses shall not be operated in such a way as to be
Police Department
detrimental to the public health, safety, or welfare.
16
Additional security measures shall be provided as deemed
Police Department
necessary by the Chief of Police or his/her designee.
17
The exterior of the buildings and parking lot(s) shall be
Police Department
illuminated during all hours of darkness.
PC2024-002
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
The owner/operator shall be responsible for maintaining the area
Police Department
free of litter free of litter, the area adjacent to the premises over
which they have control, i.e., parking lot, landscape setback.
19
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.
20
The owner/operator shall police the area under their control in
Police Department
an effort to prevent the loitering of persons around the premises.
21
The owner/operator shall post and maintain a professional
Police Department
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 square feet with two-inch block
lettering. The sign shall be in English and Spanish.
22
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.
23
In the event the Property is to be divided for the purpose of sale,
Anaheim Public Utilities,
lease, or financing, a parcel map to record the approved division
Development Services
of subject property shall be submitted to and approved by the
Division
City of Anaheim and then be recorded in the Office of the
Orange County Recorder. (former condition No. 4)
24
The Property shall comply with all signing requirements of SP
Planning and Building
92-2, unless a variance allowing sign waivers is approved by the
Department,
Planning Commission or City Council. (former condition Nos.
Planning Services Division
l l and 13
25
A six (6) foot high masonry block wall shall be maintained along
Planning and Building
the westerly property line. (former condition No. 14)
Department,
Planning Services Division
PC2024-002
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
26
There shall be no outside access to bedrooms in the manager and
Planning and Building
owner's units of the motel. (former condition No. 15)
Department,
Planning Services Division
GENERAL
27
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.
28
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicants, which plans are on file with the Planning
Planning Services Division
Department for CUP No. 2725 and DEV2023-00011, and as
conditioned herein.
29
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.
PC2024-002
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 January 17, 2024, by the following vote of the
members thereof -
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez,
Tran-Martin, and Walker.
NOES:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand this 17t' day of January 2024.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2024-002