Resolution-PC 2000-124• ~
RESOLUTION NO. PC2000-124
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING THE REQUESTED DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2000-00003
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 3085 EAST LA PALMA AVENUE
WHEREAS, 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); and
WHEREAS, 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; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity in conjunction with a proposed amendment to a
previously-approved conditional use permit ~(No. 2000-04127) to permit the retail sale of beer and wine for off-
premises consumption at a previously-approved gasoline service station with accessory convenience market
on certain real property situated in the City of Anaheim, County of Orange, State of California, described as:
THE EAST 203.00 FEET OF THE ~OUTH 2O23.00 FEET OF LOT 14 IN BLOCK K OF THE
KRAEMER TRACT, IN THE CITY qF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 6, 2000, at 1:30 p.m., notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed determination of public
convenience or necessity for an alcoholic beverage control license to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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, does find and
determine the following facts:
1. That based on testimony by the Anaheim Police Department, an additional ABC license in the
underlying Census Tract No. 117.14 would create an undue over-concentration of licenses in this area by
permitting a fifth license in the underlying census tract where the maximum is one license and by permitting a
third license at this specific intersection.
2. That there is an existing and significant over-concentration of off-premises ABC licenses in this
area (1 permitted, 4 existing and pending) which is in the Northeast portion of the Project Alpha
Redevelopment Plan.
3. That approval of this request would be incompatible with the goals of the Redevelopment Plan;
and that this parcel is located at a critical and heavily traveled intersection which is in close proximity to the
Riverside (SR 91) Freeway.
4. That the petitioner has not demonstrated that approval of this request would benefit the public in
terms of convenience or necessity; and that there is one existing and one pending ABC license in similar
CR4941 PIC.doc -1- PC2000-124
• ~
facilities (i.e., a gasoline service station with accessory convenience market) at the same intersection (La
Palma Avenue and Kramer Boulevard) as the subject property, which facilities will adequately serve this area.
5. That the proposed amendment to Conditional Use Permit No. 2000-04217 (to permit the retail
sale of beer and wine for off-premises consumption in conjunction with the previously-approved gasoline
service station with an accessory convenience market) was considered in canjunction with this proposal and
was denied.
6. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to determine the public convenience or necessity would be served by
permitting the retail sale of beer and wine for off-premises consumption at a previously-approved gasoline
service station with accessory convenience market on a rectangularly-shaped 0.52 acre property located at
the northwest corner of La Palma Avenue and Kraemer Boulevard, having frontages of 150 feet on the north
side of La Palma Avenue and 150 feet on tMe west side of Kraemer Boulevard, and further described as 3085
East La Palma Avenue; and does hereby fiind that the Negative Declaration previously approved in connection
with Conditional Use Permit No. 2000-04217 is adequate to serve as the required environmental
documentation in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the previously approved Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a significant
~~
effect on the environment.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and
determine that the public convenience or necessity will not be served by the issuance of an alcoholic beverage
("ABC") license at 3085 East La Palma Avenue. _
THE FOREGOING RESOLUTION was adopted at the Planni CorJ~m~ i~ me~ing of
November 6, 2000. // ~ //
CHAIRPERSON, ANAHEI CITY LP(N~INK~ COMMISSION
ATTEST~
Q/)'
SEC ETA ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on November 6, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~(~ "~ day of
, 2000.
c ~~o,~v
S~CR TAR , NAHEIM CITY PLANNING COMMISSION
-2- PC2000-124