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Resolution-PC 2021-017RESOLUTION NO. PC2021-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2021-06098, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2021-00156, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00045) (212 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2021- 06098 and (ii) Public Convenience or Necessity No. 2021-00156 to permit the sales and consumption of alcoholic beverages at a restaurant within a portion of an existing commercial retail center (collectively referred to herein as the "Proposed Project") for premises located at 212 South State College Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the premises is located within a commercial retail center approximately 27.3 acres in size (the "Property"). The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located in the "C -G" Commercial Zone and is, therefore, subject to the zoning and development standards set forth in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code ("Code"); and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on May 24, 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 Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2020-06090 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 Enviromnental 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 - 1 - PC 2021-017 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within those classes of projects which involve negligible or no expansion of an existing use [i.e., Section 15301 (Existing Facilities)]. Therefore, pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, 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. 2021-06098, does find and determine the following: 1. The proposed restaurant with the sales and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under 18.08.030. 2. The proposed conditional use permit to permit alcoholic beverages within a restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the restaurant would be located within a tenant space of an existing commercial retail center surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant with the sales and consumption of alcoholic beverages in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an commercial retail center building that is surrounded by other commercial use land uses. 4. The traffic generated by the restaurant with the sales and consumption of alcoholic beverages will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding retail use area and would not pose a health or safety risk to 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 Determination of Public Convenience or Necessity No. 2021-00156, 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 - 2 - PC 2021-017 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. (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 Property is located within Census Tract Number 863.04 which has a population of 4,847. This population allows for 5 on -sale Alcoholic Beverage Control licenses and there are presently 5 licenses in the tract. It also allows for 2 off -sale licenses and there are presently 6 licenses in the tract. This location is within Reporting District 1628 which is 116% above the city average in crime. The subject application will cause the ratio of on -sale retail licenses to population in the census tract or census division in which the Property is located to exceed the ratio of on - sale retail licenses to population in the county in which the applicant premises are located; and the crime rate is above the citywide average. Therefore, a determination of "public convenience or necessity" is required. - 3 - PC 2021-017 6. The request to permit alcoholic beverage sales for on -premises consumption in conjunction with a restaurant would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the sale of alcoholic beverages would be compatible with the surrounding area. The subject site is a predominantly commercial area consisting of other restaurant and retail uses. The addition of the sales of alcoholic beverages at this location would not contribute to an increase in crime, would not pose any additional safety or security risks, and would provide a public convenience. 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 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. The Planning Commission expressly declares that it considered all evidence presenters and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2021-05805 and Public Convenience or Necessity No. 2021-00156, 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. 2015-05805 and Public Convenience or Necessity No. 2021-00156 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 applicants 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. - 4 - PC 2021-017 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. - 5 - PC 2021-017 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24, 2021. 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. PRO-TEWORE, PLANNING COMMISSION OF ITHE CITY OF AN - 6 - PC 2021-017 ATTEST: V SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Simonne Fannin, 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 May 24, 2021 by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS KRING, MEEKS, MULLEADY, PEREZ, VADODARIA, WHITE LUN KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 24`x' day of May, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC 2021-017 EXHIBIT "A" DEV NO, 2021-00045 > C -C, -T OFFICESI NURSING HOME C -G C•G RESTAURANT EVERGREEN O -L T ROYALLE SFR l OFFICES 1 L I I RS -2 f C -G + _1_]j SINGLE FAMILY RESIDENCE IIRESTAURAN I l_- - -i SZ E C EST E4 C -G i C AUTO REPAIR) TAM: r- C -G mol OFFICE C -G ,SERVICE c) r FOURFiEx ++I cx C G C -O RESTAURANT C-GIRECTAIL RETAIL i -G — MEDICAL OFFICE J R E FROGE RD F llN��LN AVE NTA C-G -� DEV 2027-ONM5 N Z C -G ANAHEIMTOWN to 0 SERVICE SQUARE srn STATION rnm r 0 y n l n+ u u1 gow in 5 w t7 -F 1 RS•= t OLE FAMILY RESIDENCE RS -2 I`GLE FAMILY RESIDENCE J 54 iJt 0 SUbjeC1 fro;:*rte OFFICES U = C -43q OFFICES is K SFR iY a I I C -G RETAIL l7 N J.—fes. ©EV No. 2021-00045 212 South Stale college Boulevard O U UJI H H W) C -G ANAHEIM TOWN SQUARE G RS -2 C SINGLE FAMILY RESIDENCE 6 Z W u RS -2 SINGLE FAMILY RESIDENCE E WARD TEA 77 RS -2 V SINGLE FAMILY RESIDENt L—L,i II�?1I�� Ii II II SINGLE FAMILY RESIDENCE ARN: 0$3-051-15 C -G ANAHEIM TOWN SQUARE - 8 - PC 2021-017 R dl c , q - 8 - PC 2021-017 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2021-06098; AND PUBLIC CONVENIENCE OR NECESSITY NO. 2021-00156 (DEV2021-00045) - 6 - PC 2021-017 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1' Any graffiti painted or marked upon the business premises or on any Planning & Building adjacent area under the control of the business owner shall be removed Department, Code or painted over within 24 hours of being applied or discovered by the Enforcement Division business owner. 2. The business shall be operated in accordance with the Letter of Request Planning & Building submitted as part of this application. Any changes to the business Department, Planning operation, as described in that document, shall be subject to review and Services Division approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 3. There shall be no admission fee, cover charge, nor minimum purchase police Department required. 4. The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 5. That subject alcoholic beverage license shall not be exchanged for a police Department public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 6. At all times when the premise is open for business, the premise shall be police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such a restaurant. 7. Parking lots, driveways, circulation areas, aisles, passageways, recesses police Department and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 8. There shall be no entertainment or amplified music on the premise at police Department any time. 9. The business shall not employ or permit any persons to solicit or police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 10. The managers/owners shall contact the Department of Alcoholic police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol - 6 - PC 2021-017 - 7 - PC 2021-017 RESPONSIBLE NO, CONDITIONS OF APPROVAL DEPARTMENT and Drugs Program) or a similar certificate training program for themselves and service employees. 11. There shall be no exterior advertising of any kind or type, including police Department advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 12. The number of persons shall not exceed the maximum occupancy load police Department as determined by the Anaheim Fire Department. Signs indicating the occupancy load shall be posted in a conspicuous place. 13. The door(s) shall be kept closed at all times during the operation of the police Department business except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. 14. The petitioner(s) shall be responsible for maintaining free of litter the police Department area adjacent to the business premises over which they have control, as depicted on the plans submitted to and approved by the City. 15. The petitioner(s) shall police the area under their control in an effort to police Department prevent the loitering of persons about the premises. 16. There shall be a sign posted on the inside of the main doors facing the police Department restaurant that reads, "No alcohol beyond this point." 17. Restaurant must have meal service with the service of beer or wine. Police Department Customers may not just order alcohol. 18. The door(s) shall be kept closed at all times during the operation of the Police Department business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. GENERAL CONDITIONS OFAPPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the City and Planning & Building its officials, officers, employees and agents (collectively referred to Department, Planning individually and collectively as "Indemnitees") from any and all claims, Services Division 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. - 7 - PC 2021-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20. The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days of the Department, Planning issuance of the final invoice or prior to the issuance of building permits Services Division 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. 21. The business premises shall be developed substantially in accordance Planning & Building with plans and specifications submitted to the City of Anaheim by the Department, Planning petitioner, which plans are on file with the Planning Department, and as Services Division conditioned herein. - S - PC 2421-017