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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE: <br />NOVEMBER 12, 2013 <br />TITLE: <br />PUBLIC HEARING — FILED BY MICHAEL CHO <br />FOR CONDITIONAL USE PERMIT NO. 2013-39 <br />TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE <br />CONTROL LICENSE FOR A 7- ELEVEN STORE <br />LOCATED AT 1441 WEST MACARTHUR <br />BOULEVARD, UNIT D <br />Prepared by Ali Pezeshkpour <br />Executive Director <br />RECOMMENDED ACTION <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />• <br />As Recommended <br />• <br />As Amended <br />❑ <br />Set Public Hearing For <br />DENIED <br />❑ <br />Applicant's Request <br />❑ <br />Staff Recommendation <br />CONTINUED TO <br />6`'°— Planning Manager — <br />1. Planning Commission recommends adopting a resolution approving Conditional Use Permit <br />No. 2013 -39 as conditioned. <br />2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter <br />due to overconcentration. <br />Request of Applicant <br />Michael Cho, on behalf of 7- Eleven Stores, Inc., is requesting approval of a CUP for a Type 20 ABC <br />license for the off - premise sale of beer and wine at 1441 West MacArthur Boulevard, Unit D. <br />Establishments that sell alcoholic beverages require a conditional use permit pursuant to the Santa <br />Ana Municipal Code (SAMC). <br />This application is among the last to be processed under the previous regulations pertaining to off - <br />sale ABC licenses. The application was received prior to September 4, 2013, which was the date <br />Ordinance No. NS -2847 took effect. This ordinance amended Chapters 11 and 41 of the SAMC <br />related to off -sale premises, including: reducing the size threshold of markets subject to <br />overconcentration criteria from 20,000 to 10,000 square feet; eliminating size thresholds when <br />analyzing off -sale licenses within 1,000 feet of another off -sale licensed premises; and codifying <br />overconcentration criteria. The analysis and findings provided in this report reflect the provisions of <br />the previous Code. <br />Proiect Location and Site Description <br />7- Eleven currently operates a retail market within an existing tenant suite in the small commercial <br />center at the northeast comer of MacArthur Boulevard and Plaza Drive. The tenant suite is 2,502 <br />square feet in size. The entire center, remodeled and expanded in 2010, has 117 parking spaces. <br />EXHIBIT A <br />31A-3 <br />