Resolution-PC 2002-11. ~~
RESOLUTION NO. PC2002-11
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00002
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 985 SOUTH BEACH BOULEVARD
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 California 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 Anaheim City Planning Commission did receive an application for a
Determination of Public Convenience or Necessity to allow the retail sales of beer and wine for off-premises
consumption within an existing convenience market on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
'~~ THE EAST 190:00 ~€ET OF THE SOUTH 2O0.UO FEET OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORED IN BOOK 51, PAGE 11, OF MISCELLANEOUS MAPS, IN OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED MARCH 5, 1951 IN BOOK 2153, PAGE 250 OF OFFICIAL RECORDS.
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 14, 2002, at 1:30 p.m., notice of said public hearing having been
duly given as required 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 fherewith; and
WHEREAS, the 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:
~. Tha# the Anaheinn Pol9ce Department indicatss a significant above-average crirne rate {227
percent above the City average) for the Reporting District for the property and has received 30 calls for
service for this property since December 19, 2000. The high crime rate in this area was one of the principal
reasons that led to the creation of the West Anaheim Commercial Corridors Redevelopment Project Area.
2. That the petitioner has not demonstrated that this request would serve to benefit the public in
terms of convenience or necessity. There are other establishments in the vicinity that already sell beer and
wine for off-premises consumption.
CR5281 DM.doc - 1 - PC2002-11
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3. That the combination of off-premises sales of beer and wine and the existing high crime rate may
be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim due to
this location's proximity to residential neighborhoods to the west and southwest.
4. That the Anaheim Police Department provided testimony at the public hearing regarding the
negative secondary effects of alcohol and crime.
5. That no one spoke in opposition and one person spoke in favor at the public hearing and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to determine public convenience or necessity and has determined
that the project is Categorically Exempt under Section 15301, Class 1(Existing Facilities) as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by the issuance of an alcoholic
beverage ("ABC") license for 985 South Beach Boulevard (PK Beer and Wine Market).
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January t4, 2002. ~
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CHAIRPERS , ANAHEIM CI LANNING COMMISSION
ATTEST:
,~-~- ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ASSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~- S~ day of
, 2002.
SECRETARY, ANAH IM CITY PLANNING COMMISSION
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