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Resolution-PC 2021-032skating , the City is the "lead , Class WHEREAS, the Planning Commission of the City of Anaheim (herein referred (i) Conditional 00158 to Sale t certain real property located attached hereto and incorporated herein by this is developed with an approximately 9,605 square foot warehouse building and is part of an he The Property is located in the "I" Industrial Zone and is, therefore, Industrial Planning Commission did hold a public hearing at the Civic 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 , to hear and consider evidence for and against 99 and Public Convenience or Necessity and to investigate and make findings and recommendation in connection 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 ronmental Quality Act (Title 14 of the California Code of Regulations; herein referred e the effects of enance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to in the City of Anaheim, County of Orange, State of California, kitchen food delivery facility 032 00158, agency" for the preparation and consideration of environmental documents for th and by t - - 1 premises consumption (Type 21 Off d uses 2 i.e. - in area 20 - ND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 8.10 acre business park developed with 12 industrial buildings, including an ice 2021- roject are typical of those generated within that class of projects ( subject to the zoning and development standards set forth in Chapter 18.10 06099 and (ii) Public Convenience or Necessity No. 2021 CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITPC A RESOLUTION OF THE PLANNING COMMISSION OF THE WHEREAS, the Planning Commission finds and determines that , AND PUBLIC CONVENIENCE OR NECESSITY NO. Industrial lan t a verified petition to approve ee 17,730 square f s to as the "CEQA Guidelines"), and the City's Local CEQA Procedure designated for ) 032 - with an existing multi 1560 SOUTH LEWIS STREET a , - collectively referred to herein as the "Proposed Project") 1 Existing Facilities) which consist of the repair, maint approximately 2 ) ; and 20 050 , 2021 RESOLUTION NO. PC ”) - 00 1 060 The Property is - - AMC permit the sales of alcoholic beverages for off September 13- 1 DEV202 - to as the "Planning Commission") did receive 1 proposed Conditional Use Permit No. 202 AMC Zones) of the Anaheim Municipal Code (“ WHEREAS, the Property is (Procedures) of the General ABC License) in conjunction Exhibit A ( Center in the City of Anaheim on rink, warehouses, and offices. and ( 1560 South Lewis Street WHEREAS, the as generally depicted on ; ") Anaheim General Plan. Proposed Project; and y reference (the "Propert - Use Permit No. 2021 9 of Chapter 18.60 9 00158 60 P therewith; and roposed 0 - 1 - 202 No. 2021 A . Envi P NO the – at 1 ( lifornia Code of Regulations, the proposed project will within an does not involve any new construction or WHEREAS, the Planning Commission, after due inspection, investigation and udy made by itself and in its behalf, and after due consideration of all evidence and reports premises restaurant AMC Section within an industrial area with a high ypical nuisances associated with alcohol sales such as loitering and public drunkenness are not anticipated delivery site sale of alcohol in an kitchen delivery facility. The alcohol sales will take place on delivery d will be delivered from the subject site to the order destination. As such, the site proposed for the use is adequate to accommodate anticipated growth of the development and allow the continued operation without causing a detriment would not impose an undue roject is adequately parked in front of the site sale of harm the health and safety of the citizens of Anaheim but will provide an added Conditions imposed on the project will ensure that the proposed acility and would not adversely affect the public health, safety, and welfare of the WHEREAS, the Planning Commission, after due inspection, investigation and offered at said hearing with respect to the request for a Determination of Public mpt is in line with the character of development in kitchen food delivery facility will not kitchen food delivery and in its behalf, and after due consideration of all evidence and reports building so that the drivers can quickly pick up the orders and bring them out for delivery. - 032 offered at said hearing with respect to the request for Conditional Use Permit No. 2021 00158, does find and determine the following facts: - not cause a significant effect on the environment and is, therefore, categorically exe 1 2 20 - vehicular alcoholic beverages for off PC kitchen food delivery facility - up spaces in the concentration of warehouse and manufacturing facilities. The proposed use to allow the off is properly one for which a conditional use permit is authorized under T h the surrounding uses. to be an issue since the alcohol that is sold will be serviced through - operations of the existing multi - expansion of the existing building. It will only permit the off The granting of the conditional use permit - Project accordance with city standards and there are designated pick Proposed P roposed - a multi - consumption in conjunction with an existing multi - 2 The - 06099, does find and determine the following: Property is located sales of P kitchen food delivery facility the area and is therefore compatible wit raffic generated by the burden on streets and highways in the area. in roject alcoholic beverages in conjunction with - an land use will be integrated within the P Convenience or Necessity No. 2021 Section 15301 of Title 14 of the Ca The proposed th and safety. roposed from the provisions of CEQA; and from mobile devices convenience and amenity. P The The to the area or to heal study made by itself T . 1.2.3. 4.5. surrounding area - - existing multi existing multi s 18.10.030. lication orders. app st f referenced conditions, ABC 134 authorizes the City of Anaheim Police s licenses in the tract. This location is within 134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to 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 en 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 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 sale retail licenses to population in the census tract or census division in which to sale retail licenses to population in the census tract or census division in which sale retail licenses to may issue a license if the Planning Commission determines that the "public convenience Department to make recommendations related to "public convenience or necessity" 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 rowth and sale Alcoholic Beverage Reporting District 2027 which is 91% above the city average in crime. The ¼ mile radius ince the crime rate is Census Tract Number 863.03 which has population in the county in which the applicant premises are located. - 032 premises consumption ioff sale retail licenses -- three 1 11, 1995, the City Council adopted Resolution No. 95R districts within the City of Anaheim. 2 20 issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). in the tract. It also allows for - - PC sale retail license applications, the ratio of off alcoholic beverages does not adversely affect any adjoining land use or the g sale retail license applications, the ratio of on - - the ratio of off S the Property is located exceeds the ratio of on above the city average in crime. - - determinations; and, when the sale of alcoholic beverages for on on - Notwithstanding the existence of the above seven a population of 6,212. This population allows for the Property is located exceeds ing conditions exist: Control licenses and there are presently 23 licenses The Property is located within - 3 population in the county. from all crime reporting erved by the issuance. - six - Section 23958 of the Resolution No. 95R concentration" of licenses, except wh sale licenses and there are presently development of the surrounding area. - - surrounding this location is 77% (c) As to off As to on an area where any of the follow On July or necessity" would be s (b) applications requiring (a) 1.2.3.4.5. lcohol in conjunction with an h the surrounding uses. While the request is for the enience or Necessity, under the conditions imposed, will not be detrimental to cord, including testimony received at the public hearing, the staff contingent upon and subject to the hich are hereby found to be a necessary prerequisite to the proposed use d significant a would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located surrounding area. The project site is within an industrial area with a high concentration of warehouse and manufacturing facilities. The proposed use is in line with the character of development in site sale of alcoholic beverages, typical nuisances associated with alcohol sales such as loitering and public drunkenness are not anticipated to be an issue since the alcohol that is The addition of the sales of alcoholic contribute to an increase in crime, pose any e 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 Planning Commission determines that the evidence in the support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial presentations, the staff report and all materials in the project files. There is no substantial Planning Commission expressly declares that it considered all evidence presented and NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, attached hereto and incorporated herein by and is applicable in order to preserve the 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 ended 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 BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 This 9032 sale licenses 9 060 - the findings made in this Resolution. 9 1 82 - 06020 1 202 PC - sion does hereby approve Conditional Use Permit No. 1 modification complies with the Code, and (iii) the applicant has demonstrate reached these findings after due consideration of all evidence presented to it. 202 additional safety or security risks, and would provide a public convenience. - and there is an overconcentration of off Conditional Use Permit No. mpatible with the progress toward establishment of the use or approved development. the health and safety of the citizens of the City of Anaheim, and; determination of "public convenience or necessity" is required. site sale of a , 00158 because the sale of alcoholic beverages would be co 00158 be serviced through delivery orders. - 4 - - off negate and Public Convenience or Necessity No. 2021 - is not anticipated to - the Exhibit B Public Convenience or Necessity No. 2021 of that portion of the Property for which record constitutes substantial evidence to he request to permit evidence, nor are there other facts, that the area and is therefore compatible wit kitchen delivery facility conditions of approval set forth in above the citywide average, this beverages at this location WHEREAS, this Planning Commis Th T evidence in the re 6.7. this reference, w - sold will only existing multi Public Conv health, - off am 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 regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's e 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 Initiated Revocation or 032 - 1 2 20 PC - oval) and 18.60.200 (City - 5 - contained, shall be deemed null and void. other applicable City, State and Federal Modification of Permits) of the Code. (Amendment to Permit Appr regulation or requirement. complianc 032 - 1 2 20 PC - 8 - Department, Planning Building Planning & Building Enforcement Division Department, Code RESPONSIBLE Police DepartmentPolice DepartmentPolice DepartmentPolice DepartmentDepartmentPolice DepartmentPolice DepartmentPolice Department Services Division DEPARTMENT Planning & 032 - Police 1 2 20 00158 PC adjacent area under the control of the business owner shall be removed and beverage if there is alcohol involved. They must check ID before including advertising directed to the exterior from within, promoting or - area under the control of the licensee shall be removed or painted over review and approval by the Planning Director to determine substantial AND PUBLIC CONVENIENCE OR NECESSITY NO. 2021 Any graffiti painted or marked upon the business premises or on any or painted over within 24 hours of being applied or discovered by the have someone 21 or over to accept the food No display of alcoholic beverages shall be located outside of a building of alcoholic beverages are prohibited on or around these Managers/Owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs indicating the availability of alcoholic beverages. Interior displays of 06099; business operation, as described in that document, shall be subject to Any graffiti painted or marked upon the premises or on any adjacent alcoholic beverages or signs which are clearly visible to the exterior The area of alcoholic beverage displays shall not exceed 25% of the conformance with the Letter of Request and to ensure compatibility shall police the area Request submitted as part of this application. Any changes to the The possession of alcoholic beverages in open containers and the under their control in an effort to prevent the loitering of persons There shall be no exterior advertising or sign of any kind or type, The business shall be operated in accordance with the Letter of - CONDITIONAL USE PERMIT NO. 2021 any public entrance to the building. 00050) AL EXHIBIT “B” CONDITIONS OF APPROV - 9 - The business owner(s) and/or property owner (DEV2021 condition. - shall constitute a violation of this total display area in a building. Driver/delivery person must with the surrounding uses. handing them the alcohol. or within five feet of around the premises. CONDITIONS within 24 hours. business owner. consumption premises. OPERATIONAL 10. . 1.2.3.4.5.6.7.8.9. NO Department, Planning Department, Planning tment, Planning Department, Planning Planning & Building Planning & Building Planning & Building Planning & Building RESPONSIBLE Police Department Services DivisionServices DivisionServices DivisionServices Division DEPARTMENT 032 - 1 2 Depar 20 PC against or incurred by Indemnitees and costs of suit, claim or litigation, The Applicant shall defend, indemnify, and hold harmless the City and with plans and specifications submitted to the City of Anaheim by the issuance of the final invoice or prior to the issuance of building permits brought against Indemnitees to attack, g without limitation attorneys’ fees and other costs, liabilities maintaining free of litter the area adjacent to the premises over which The business premises shall be developed substantially in accordance shall be responsible for There shall be no tables or seating for customers, no serving of meals and delivery employees. The contact number Failure to pay all charges shall n the issuance of required permits or may result in the , which plans are on file with the Planning Department, and prepared or processing of this discretionary case application within 30 days of the , or similar certificate its officials, officers, employees and agents (collectively referred to , legality or validity of any condition include, but not be limited to, damages, fees and/or costs awarded The Applicant’s indemnification is intended to individually and collectively as “Indemnitees”) from any and all review, set aside, void, or annul the decision of the Indemnitees determinations taken, done, or made prior to the decision, or to and expenses incurred by Indemnitees in connection with such related to the concerning this permit or any of the proceedings, acts or - site, and no sale of open containers, pre AL The applicant is responsible for paying all charges CONDITIONS OF APPROV - 10 ) business owner(s) and/or property owner RBS revocation of the approval of this application. - responsible beverage service ( for this project, whichever occurs first. APPROVAL they have control, as depicted. claims, actions or proceedings determine the reasonableness alcoholic beverages. 3533. training for themselves as conditioned herein. - GENERAL CONDITIONS OF 205 attached thereto. - -result in delays i or beverages on for ABC is 657 proceeding. Program), applicant includin mixed The 11.12.13.14.15. . NO