Resolution-PC 2007-16. •
RESOLUTION NO: PC2007-16
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION . -
THAT PETITION FOR CONDITIONAL USE PERMIT Np. 2006-05181 BE DENIED `
' (2629 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit fo permit sales of alcoholic: beverages for off-premises consumption fior certain real property :
situated in the City of Anaheim, County of Orange, State of California, described as
PARCEL 1: THE SOUTH 223.00 FEET OF THE SOUTH 5 ACRES OF THE EAST ONE
HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER'
OF SECTION 12; TOWNSHIP 4, SOUTM, RANGE 11 WEST IN THE RANCHQ LAS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE pF
CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOI~ 51, PAGE 11 QF
MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, CAUFORNIA.
EXCEPTING THEREFROM THE EASTERLY 400.00'FEET.
ALSO EXCEPTING THEREFROM THE SOUTHERLY 40.00 FEET.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND THAT LIES
NORTHWESTERLY OF A LINE THAT IS PARALLEL AND CONCENTRIC WITH, AND
DISTANT 30, 50 FEET SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: ,
COMMENCING AT THE CENTERLINE, INTERSECTION OF LINCOLN AND MAGNOLIA
AVENUES 1N THE COUNTY OF ORANGE, STATE OF CAUFORNIA, AS INTERSECTION
IS SHOWN IN COUNTY SURVEYOR'S TRANSIT BOOK 108, PAGE 49 ON FILE IN THE
OFFICE OF THE COUNTY SERVEYOR OF SAID COUNTY ON NOVEMBER 13, 1957;
THENCE SOUTH 89° 25' 10" WEST ALONG SAID LINCOLN AVENUE CENTERLINE
676.64 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED
(SAID TRUE POINT OF BEGINNING ALSO BEING DISTANT THEREON NORTM 89° 25'
10" EAST, 1981.09 FEET FROM THE CENTERLINE OF DALE STREET AS SHOWN IN
SAID TRANSIT BOOK 108 PAGE 49 ON NOBEMBER 13,1957) ; THENCE FROM SAID
TRUE POINT OF BEGINNING NORTH 13°25' 10° EAST 51.60 FEET TO THE
BEGINNING OF A CURVE TANGENT, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 1000.00 FEET; THENCE ALONG SAID CURVE THROUGM A CENTRAL -
ANGLE OF 36° 27' 17" ARC DISTANCE OF 636.25 FEET TO A LINE TANGENT;
THENCE NORTH 49° 52' 27" EAST 430.49 FEET TO A POINT IN THE CENTERLINE OF .
MAGNOLIA AVENUE AS SAID CENTERLWE IS SHW IN COUNTY SURVEYOR'S
TRANSIT BOOK 108, PAGE 54 ON FILE IN THE OFFICE OF THE COUNTY
SURVEYORS OF SAID COUNTY ON NOVEMBER 14, 1957; SAID POINT BEING
DISTANT THEREON NORTH 0° 29' 10" WEST, 853.35 FEET FROM THE CENTERLINE
OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT BOOK 108, PAGE 54 ON
NOVEMBER 14, 1957 AND ALSO BEING DISTANT THEREON SOUTH 0° 29' 10" EAST
1803.07 FEET FROM THE CENTERLINE OF CRESCENT AVENUE AND SHOWN IN
SAfD TRANSIT SOOK 108, PAGE 54 ON NOVEMBER 14, 1957, AS GRANTED TO THE
ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED OCTOBER 30,
1959 IN BOOK 4952, PAGE 291 OF OFFICIAL RECORDS.
PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 37.74
FEET OF THE EAST 400.00 FEET OF THE NORTH 50.00 FEET OF THE SOUTH
90.00 FEET OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF THE
' SOUTHEAST ONE QUARTER OF THE SOUTHEAST ON QUARTER OF SECTION 12,
CR\PC2007-16 -1- PC2007-16
• •
TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LAS COYOTES, IN THE -
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS'SHOWN -
ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,.
RECORDS OF ORANGE COUNTY; GALIFORNIA.
WHEREAS, #he Planning Commission did hold a p~blic'fiearing at the Civic Center in the City
of Anaheim'on March 5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required
by law, under Resolution`No. 95R-134 and in accordance with the provisions of the Anaheim Municipal
Code,' Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional
use permit and to investigate and make findings and recommendations in connection therewith; and
' WHEREAS, the Anaheim Planning Commission (hereinafter the "Planning Commission") did
receive an application from the owner or operator of the premises located at 2629 West Lincoln Avenue, :
Anaheim, California (hereinafter the "premises"), who, has an existing Type 20 ABC License for the sale and
off-premise consumption of beer and wine in a convenience market existing at said location, has applied for
a conditional use permit to authorize the issuance of a Type 21-General ABC License to permit the sale and
off-premises consumption of alcoholic beverages at'said convenience market located on the premises
(hereinafter the "application"); 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 sales of alcoholic beverages for offi-premises consumption for a liquor store is a
conditionally permitted use within the GG zone as authorized by the Anaheim Municipal:Code Section
18:08.030.040.0402.
2. That the applicant demonstrated that the existing sales of beer and wine would be fifty-five
percent (55%) of the sales at the existing business which exceeds the percentage permitted forthe existing :
convenience market.
3. That the Police Department indicates the availability of hard liquor on the subject property -
would adversely affect the area because the property is located in Reporting pistrict No. 1617, which has a
crime rate of 100% above the City average and is also located in Census Tract 868.03 which permits 4 off-
sale licenses currently there are 5 licenses existing.
4. That there is a condominium residential development in the rear and the Valencia lnn with a
high transient population located across the street that could be adversely affected by the availability of
additional liquor at this establishment.
5. The proposed license is not necessary since the area is already adequately served with Type
21 Licensed premises which conveniently serve the public, and the existing store has an existing Type 20
License for off-sale of beer and wine.
6. That the proposed use would adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the existing sales of beer and wine
exceed the permitted percentage of gross sales for a convenience market and the property is poorly
maintained with excessive outdoor storage;
7. That the granting of the conditional use permit will be detrimental to the health and safety of
the citizens of the City of Anaheim because the sale of afcoho{ic beverages is afready readi{y available in the
community; and
i i
8: That a person representing WesfAnaheim Neighborhood Development Council (WAND)
'indicated their presence at said public hearing in opposition; and ttiat a letter was received, prior to the
meeting, in opposition to the subject petition. _
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, 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 Planning Commission does hereby, ` '
deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
- determine that adoption of this Resolution is expressly predicated upon applicanYs compliance 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 contained, shall be deemed null and void.
BE IT FUR7HER RESQLVED that the applicant is responsible for paying all charges related to the
processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this' project, whichever occurs first.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 5,
200Z Saitl resolutipn is subject to the appeal provisions sef forth in Chapter 18.60, "Zoning Provisions -
' General" of the Anaheim Municipal Code pertaining to appeal proGedures may be replaced by a City
Council Resolution in the event of an appeaL '
CHAIRMA , ANAHEIM PLANNING COMMISSIpN
ATTE$T: ,.
.~~iC.r..~.+~-~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFpRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was denied at a meeting of the Anaheim Planning Commission held on March 5,
2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO
NOES: COMMISSIONERS: FLORES, KARAKI
ABSENT: COMMISSION~RS: VELASQUEZ '
IN WITNESS WMEREOF, I have hereunto set my hand this o2-~ ~~ day of
r , 2007.
~j ~•_.. ~~Le'vu'~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-16 ' ,