Resolution-PC 2003-115•
RESOLUTION NO. PC2003-115
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THE PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00012
WILL BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1056 NORTH STATE COLLEGE BOULEVARD
WHEREAS, on July 11, 1995, the City Councii 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 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 the license; and
WHEREAS, the petitioner has applied for a Type 20 (Off-Sale Beer and Wine) license from
the ABC for the convenience market, but before an Off-Sale Beer and Wine license can be issued by the
ABC, a Determination of Public Convenience or Necessity is required from the City of Anaheim due to the
high crime rate in the Repo~ting District where this property is located; and that there is not an over-
concentration of ABC licenses in the Reporting District; and
- VVHEREAS, fhe City Planning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity to permit the retail sale 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 WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTHERLY 200.00 FEET OF THE WESTERLY 200.00 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 28, 2003, 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, and 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 the application for a Determination of Public Convenience or Necessity for an existing
convenience market (Carniceria EI Palmar) at 1056 North State College Boulevard was submitted in
conjunction with a proposal to amend Conditional Use Permit No. 2001-04433 which established land use
conformity with Zoning Code land use requirements for the existing commercial retail center, laundromat and
liquor store and to permit a convenience market at 1056 North State College Boulevard; and that the existing
conditions of approval in said Conditional Use Permit include Condition No. 2 which specifies that "no
alcoholic beverages shall be sold or consumed on the premises of the convenience market."
cr\PC2003-115.doc -1- PC2003-115
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2. That the Planning Commission did, by its Resolution No. PC2003-114, amend the conditions
of approval of Conditional Use Permit No. 2001-04433 to permit the retail sale of beer and wine at the
convenience market for off-premises consumption.
3. That the petitioner demonstrated that this request would serve to benefit the public in terms
of public convenience or necessity.
4. 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: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby
determine that the public convenience or necessity will be served by the issuance of a license for the retail
sale of beer and wine (for off-premises consumption) at Carniceria EI Palmar located at 1056 North State
College Boulevard.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July
28, 2003.
~iYn~~i. ~7Ny ~~^t~"~!/"
ON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
IOR S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 July 28, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: FLORES, O'CONNELL
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE
IN WITNESS WHEREOF, I have hereunto set my hand this _e~ day of
, 2003.
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IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2003-115