Resolution-PC 2003-17• •
RESOLUTION NO. PC2003-17
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1287-A EAST LINCOLN 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 California Business and Professions Code, and
prior to the issuance of a license by the Department of Alcoholic Beverage Controt (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 to on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION, AS SHOWN ON A
MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES
162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE
- C~UN~ REEORD€f~ OF -0~2AN~E C- OUN.TY, CALIFORN.IA,IIESCRIBED AS_FOLLOWS: _
BEGINNING AT A POINT ON THE CENTERLINE OF CENTER STREET, AS SHOWN ON
SAID MAP DISTANT NORTH 74° 37' 25" EAST 770.13 FEET FROM THE INTERSECTION OF
SAID CENTERLINE WITH THE CENTERLINE OF EAST STREET, AS SHOWN ON SAID
MAP; THENCE NORTH 74° 37' 25" EAST ALONG CENTERLINE OF CENTER STREET,
180.00 FEET; THENCE NORTH 15° 24' 15" WEST PARALLEL WITH SAID CENTERLINE OF
EAST STREET; 480.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN A
DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30,
1961 IN BOOK 5770, PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 74° 37' 25"
WEST ALONG SAID SOUTHERLY LINE OF THE LAND OF ZION EVANGELICAL LUTHERAN
CHURCH, 180.00 FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF EAST STREET
AND PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTH 15° 24' 15" EAST
ALONG SAID PARALLEL LINE 480.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
LOTS 4 AND 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY OF
WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164
INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF EAST STREET, 66.00
FEET IN WIDTH, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 22 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
WITH A LINE PARALLEL WITH AND DISTANTNORTHERLY 450.00 FEET, MEASURED AT
RIGHT ANGELS FROM THE CENTERLINE OF CENTER STREET AS SHOWN ON SAID
RECORD OF SURVEY; THENCE NORTH 74° 37' 25" EAST ALONG SAID PARALLEL LINE
1060.00 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTH 15° 27' 55" EAST
ALONG SAID EASTERLY LINE OF LOT 4, A DISTANCE OF 400.00 FEET TO THE
NORTHERLY LINE OF SAID CENTER STREET; THENCE NORTH 74° 37' 25" EAST ALONG
SAID NORTHERLY LINE OF CENTER STREET, 24.29 FEET TO A LINE PARALLEL WITH
AND DISTANT 24.29 FEET EASTERLY (MEASURED ALONG TNE SOUTHERLY LINE)
FROM THE WESTERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY CORNER OF
THE LAND DESCRIBED IN A DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF
CR\PC2003-017 -1- PC2003-17
• •
ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF OFFlCIAL RECORDS;
THENCE SOUTH 74° 37' 25" WEST ALONG THE SOUTHERLY LINE OF SAID LAND OF
ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, 1084.89 FEET TO SAID
EASTERLY LINE OF EAST STREET; THENCE SOUTH 15° 24' 15" EAST ALONG SAID
EASTERLY LINE, 30.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission of the City Of Anaheim did hold a public hearing at the
Civic Center in the City of Anaheim on January 27, 2003, 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 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 petitioner has not demonstrated that this request would serve to benefit the public in terms
of convenience or necessity due to the proximity of an existing business that sells beer and wine for off-premises
consumption.
2. That due to the high crime rate within the Reporting District permitting an additional alcohol
establishment could contribute to a further increase in calls for service and crime.
3.. That one person spoke in opposition at the public hearing and no correspondence was
r~ceivect in o~position. - _ _
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission determined that pursuant to Section 15061(b)(3), the proposed project is exempt from the
requirement to prepare an environmental impact report (EIR) an defined in the State of California EIR
Guidelines.
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 a license for
Determation of Public Convenience & Necessity No. 2002-00009 at the location based on the following:
1. That the petitioner has not demonstrated that this request would serve to benefit the public in terms of
convenience or necessity due to the proximity of an existing business that sells beer and wine for off-premises
consumption.
2. That due to the high crime rate within the Reporting District permitting an additional alcohol establishment
could contribute to a further increase in calls for service and crime.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
CH ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-2- PC2003-17
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I, Eleanor Morris, 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 January 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO
'~
IN W ITNESS W HEREOF, I have hereunto set my hand this ~ s day of r u c r,~
2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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