Resolution-PC 2007-32~ ~
RESOLUTION NO. PC2007-32
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A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 2007-00033
FOR AN ALCOHOLIC BEVERAGE CONTROL L{CENSE
-(5761 EAST SANTA ANA CANYON ROAD)
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 thatsuch determination be made
by the iocal governing body pursuant to applicable'provisions of the Business and Professions Code, and
prior to 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 thatlicense 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 Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity to permit the sales of beer and wine for off-premises
consumption within a proposed market 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 THE DOMINGUEZ ESTATE, AS SHOWN ON
A UCENSEp SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS
W THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A
MAP RECORpED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE
OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED IN DEED
RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15°
49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35 WEST 298.59 FEET Tp THE
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W.F. GLEASOfV AND
WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF SAID OFFICIAL RECORDS,
BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID
NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND
WESTERLY ALpNG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC
DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A
RADIAL LINE OF SAID CURVE PASSING THROUGM SAID POINT BEARS SOUTM 06° 28"
11" EAST; THENCE ALONG SAID WESTERLY.LINE, NORTH 0° 16' 25" WEST 609.25 FEET
TO TME SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED
LAND, NORTH 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND
NORTH 56° 00'S3" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4;
THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET,
SOUTM 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE
NORTMWESTERLY CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE
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WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03°22' 25" EAST 464.60 FEET
TO 7HE TRUE POINT OF BEGINNING.'
PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER
MAP RECORDED IN BOOK`326, PAGES 18 THROUGH`20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY '
LINE OF SANTA A~JA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES
FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID
TRACT NO. 7470; THENCE ALONG SAID' NORTMWESTERLY LIEN OF SANTA ANA
' CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST
3.OQ FEET, AND SOUTM 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF
BEGINNING THENCE SOUl"H' 15° 49' 25'' EAST 42.60 FEET; THENCE SOUTH 74° 10 35"
WEST 660.11 FEET TO' -THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET; THENCE ALONG SAID
CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC' LENGTH -0F 228.71 FEET`TO A
POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLYIINE OF SAID LOT 4;
THENGE ALONG`SAID PROI.ONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15"
WEST 41.74 FEET T0 A POINT ON'A CURVE NORTHWESTERLY AND'HAVING A RADIUS
OF 818.20 FEET, A RApIAL tINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST;
THENCE' EASTERLY ALONG ~AID CURVE, THROUGM AN ANGL.E OF 9° 21' 14", AN ARC
LENGTM OF ' 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST
744:13 FEET l"O THE TRUE POINT OF BEGINNING.
PARCEL`2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS $HOWN ON
A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS
SHOWN ON PLANS ENTITLED " PLAN AND PROFILE OF PI.ACENTIA-YORBA ROAD" ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON
NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE
OF SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON FILE W
SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' 57" EAST 230.68
FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF
OFFICIAL RECORDS IN SAID OFFICE; TMENCE NORTH 65° 02' 06" EAST 202.77 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET;
THENCE NORTH 71°12' 00" EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED
FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18". WEST 609.26
FEET TO A POINT IN TME NORTHERLY LINE OF THE SANl'A ANA VALLEY IRRIGATION
COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP
FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIV~ OF RECORD OF SURVEYS IN SAID
OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID
POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20
' FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY
ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85
FEET TO TH~ SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1
DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF THAT PORTION OF IMPERIAL
HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF
THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY O~ WHICH RESOLUTION
IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN
ON MAP RECORDED MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID
OFFICE; THENCE ALONG SAID EASTERLY LINE' OF IMPERIAL HIGHWAY, NORTH 1° 50'
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03" EAST 257.80; FEET: THENCE NORTM 9° 56' 32" EAST 276.46 FEET TO THE TRUE
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POINT OF BEGINNING.
I~ARCEL 2A: ALI. THAT CERTAIN REAL PROPERTY BEING THAT PORTfON OF THE
SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA
VALLEY IRRIGATION COMPANY BY DEED RECORDED JUL.Y 18, 1934 IN BOOK 685, PAG~
255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF
THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ
~STATE", AS SHOWN ON A MAP FiLED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS
IN TME OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE,
AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO 7HE STAT~ OF CALIFORNIA RECORDED JANUARY 23,
1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY,
WHEREAS, the Planning Commission tlid hold a public hearing at the Civic Center in the
City of Anaheim on April 2, 2007, at 2:30 p.m:, notice of said public fiearing having been duly given as
required by Resfllution 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 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, afterdue inspection, investigation and study made by itself
and in its behalf, and afterdue consideration of all evidence and reports offered at said hearing, does find '
and determine the following facts:
1. That the GG (SC) (General Commercial, Scenic Corridor Overlay) zone permits #he retail
sales of alcoholic beverages, including beer and wine, for off-premises consumption as a permitted
accessory use subject to the approval of a conditional use permit, and the intent of the Code is to provide .
such sales as convenience for customers.
2. That California state law requires a Determination of Public Convenience or Necessity when
property is located in a police reporting district with a crime rate above the city average; and that 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 oflicenses, except when an applicant has demonstrated that public
convenience or necessity would be served by issuance of a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make
recommendations related to the public convenience or necessity determinations; and when the sale of beer
and wine for off-premises consumption is permitted by the Municipal Code, said recommendations shall take
the form of conditions of approval to be imposed on the determination in order to ensure that the sale of beer
and wine does not adversely affect any adjoining land use or the growth and development of the surrounding
area.
4. That the accessory sales of beer and wine, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics of the market, which operates
in a similar manner to grocery stores that typical~y provide alcohol sales.
5. That the market would provide specialty natural and organic beer and wine that is not sold at
nearby retail establishments. '
6. That the public convenience or necessity will be served because the applicant would be the
only retailer within the large commercial retaif center that would offer beer and wine for off-premises
consumption.
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7. That the Determination of Public Convenience or Necessity can be made based on the
finding that the license requested is consistent with the Ptanning Commission policy for such determinations.
8. Tha4 5 people indicated their presence at said public hearing in opposition; and thaf
32 e-mails were received in opposition to the subject petition. '
CALIFORNIA ENVIRONMENTAL` QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit the sales of beer and wine for off-premises consumption
within a proposed market; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that if has considered theNegative
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby determine that the Public Convenience or Necessity will be served by the issuance of a license for
the sales of beer and wine for off-premises consumption at this location.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition,'or any part ttiereof, 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 FURTHER RESOLVED 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 for
this project, whichever occurs first. Failure to pay aU charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 2, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal p d res and may be replaced
by a City Council Resolution in the event of an appeaL
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CHAIRMAN;~NAHEIM PLANNWG COMMISSION
ATTEST:
/ i~ O-1~t~c+o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) - , ~
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do'hereby certify _,
that the foregoingresolution was passetl and adopted at a meeting of the Anaheim Planning Commission
held on April 2, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, VELASQUEZ
NOES: COMMISSIONERS: NONE,
ABSENT: COMMISSIONERS: KARAKt,' ROMERO '
IN WITNESS WHEREOF, I have hereunto set my hand this r~ day of
0. ; 2007.
l
~il~a
SENIOR SECRETARY, ANAHEtM PLANNING.COMMISSION