The Applicant, 7-Eleven, Inc., is requesting a Conditional Use Permit and a determination of Public Convenience or Necessity (PCN) to allow the off-sale of beer and wine, through a Type 20 alcohol license issued by the California Department of Alcoholic Beverage Control (ABC), at an existing convenience store (7-Eleven) at 3310 E. Imperial Hwy, in the General Commercial (C-G) zone.
The Applicant’s request herein may be referred to as the “Project”. |
The Project site is located at 3310 East Imperial Highway, at the southeast intersection of Valencia Avenue and Imperial Highway, as shown in Exhibit 1. The Project site is 0.24 acres and is zoned C-G (General Commercial) which provides for the development of general commercial and highway-related uses, where convenience stores are permitted uses. The surrounding land uses include the La Floresta development offering retail, restaurants and multi-family apartments to the north, a restaurant to the east, single-family residential to the south and a gas station the west.
The Project site is currently developed with a one-story 2,122 square foot convenience store featuring eleven parking spaces with driveway access from Imperial Highway. 7-Eleven operates daily, 24 hours a day and offers a large selection of prepackaged food, medicine, dry goods, cold and hot beverage stations and walk-in refrigeration coolers for various non-alcoholic beverages. The store also features a cashier counter, office, storage area and restrooms.
PROJECT DESCRIPTION
The Project would allow the off-sale of beer and wine, through a Type 20 ABC license, at an existing convenience store, 7-Eleven. The Applicant has requested the off-sale alcohol license to expand the variety of products offered at the convenience store. Alcohol display would be incidental to the overall assortment of retail items and would comprise approximately six-percent (6%) of the total sales floor area, illustrated in Figure 1.
 ANALYSIS
Conditional Use Permit (CUP)
Pursuant to Brea City Code (BCC) Section 20.236.020, off-sale of alcohol are permitted subject to Planning Commission review and approval of a CUP. The Project proposes beer and wine sales as a complementary use to the existing convenience store, which is typical operations for a 7-Eleven store. 7-Eleven has four existing stores in Brea located at (1) 109 Lambert Road, (2) 295 West Central Avenue, (3) 1108 West Imperial Highway, and (4) 3310 East Imperial Highway. Locations 1-3 all possess an active Type 20 alcohol license for off-sale beer and wine. All three alcohol licenses were established before Ordinance No. 761 amending the CUP requirement for on- and off-sale alcohol licenses. The subject property at 3310 East Imperial Highway is the only 7-Eleven location in Brea without an alcohol license.
The Project was reviewed by various departments, including the Police Department and the Building & Safety Division (Code Enforcement). The Project, as conditioned, is not anticipated to negatively affect the health and safety of the surrounding neighborhood.
Public Convenience or Necessity (PCN)
A PCN determination is a process required by ABC under Business and Professional Code Section 23958.4 that allows a local jurisdiction to support or deny an application for off-sale alcohol beverage licenses in census tracts with an “undue concentration.” ABC defines an undue concentration of off-sale alcoholic beverage licenses as the following:
- Located in an area that has 20 percent more reported crime rates than the average number of reported crimes in the City as a whole; or
- Located in a census tract where the ratio of existing retail on-sale/off-sale liquor licenses to population in the census tract exceeds the ratio of retail on-sale/retail off-sale alcohol licenses to population in the county resulting in an over concentration.
State law prohibits ABC from issuing or transferring alcohol licenses in areas that fall within the criteria stated above unless the local governing body finds that the public interest is served and issues a PCN determination. The Project is located within Census Tract 117.17 and allows for one (1) off-sale alcohol license. According to ABC records, there is currently one (1) existing off-sale alcohol license in Census Tract 117.17 located approximately 0.5 miles away from the Project site at 1150 E Imperial Hwy, Placentia CA. Per ABC, an “undue concentration” would occur if there is more than one (1) license for the off-sale of alcohol within the Census Tract. 
The Project would make the site the second location within the Census Tract, and the only location in Brea, as shown in Figure 2 below.
The Project site is not located adjacent to any schools or religious worships sites but is located within 30 feet of a residential neighborhood, to the south, separated by an alley. The residential neighborhood is developed with single-family homes that have a front-facing orientation with primary access from East Date Street. To access the residential neighborhood from the Project site, a person must walk or drive up Imperial Highway then turn left on South Valencia Avenue which is approximately 400 feet away in walking distance and a 2-minute driving distance.
Staff has also prepared the following notable draft conditions of approval (Attachment B) to apply safeguards for the sale of alcohol and reduce adverse impacts to the surrounding neighborhood.
| e. |
Sales and service of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 2:00 a.m. from Monday through Sunday.
|
| f. |
There shall be no amusement machines or video game devices in the premises at any time.
|
| g. |
Beer beverages in 40 oz. containers or larger is prohibited. Containers of beer and malt beverages in pre-packaged, multi-quantities not be sold as single containers.
|
| h. |
Beer beverages in containers of 16 oz. or less shall not be sold as single containers, and shall only be sold in manufacturer pre-packaged multi-unit quantities.
|
| i. |
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.
|
| j. |
Cooler doors for beer shall be locked during hours when alcohol cannot be sold.
|
| k. |
On-site interior and exterior surveillance camera coverage including the alcohol display, register, entrances, exits, common areas, high risk areas and views of the parking lot shall remain in working conditions at all time. Surveillance camera’s must be installed and in working condition before commencing the sale of beer and wine.
|
| l. |
On-site exterior lighting system shall remain in working conditions to fully illuminate the exterior building and parking area. Additionally, the position of such lighting shall not disturb the normal privacy and use of the neighboring residences or businesses. |
PUBLIC NOTICE AND COMMENTS
The Project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices within 500 feet of the project site and publication in the local paper (Attachment x). As of the writing of this report, staff has not received any public comment.
CONCLUSION
The Project would conform with all the requirements of the General Plan and the provisions of the BCC. The proposed Project would not have an adverse effect on the public, health, safety, or general welfare. Staff recommends that a finding of PCN can be made, with the included conditions.
|
| The project has been assessed in accordance with the CEQA guidelines, and the environmental regulations of the City. The Project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The proposed Project involves the licensing of alcoholic beverage service to an existing convenience store with no expansion of the existing use. |