Resolution-PC 2007-83~ ~
RESOLUTION NO. PC2007-83
" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSIORI :
ARPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.2007-00035
FOR AN ALCOHOLIC BEVERAGE CONTROL iICENSE ' -
(1700 WEST:LA PALMA'AVENUE AND 1017-1031 NORTH EU~LID STREET)
WHEREAS, on July 23, 200T, the City Council adopted Resolution Na 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 governingbody, pursuant to applicable provisions of the Business and
Professions Code, and prior.to the issuance of a license by fhe 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 ofJicenses, 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 Pu61ic Convenience or Necessity 4o permit sales of beer and wine for off-premises
consumption within a proposed service station convenience market on certain real property situated in the
City of Anaheim, County of Orange, State of California, described as
PARCEL A: :
THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF l'HE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE 7, ET
SEQ., MISCELLANEOUS MAP; INTHE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL B:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 508, RECORDED
DECEMBER 20, 2001 AS INSTRUMENT NO. 20010930060, OFF1CfAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by Resolution Na 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, 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 C-G (General Commercial) zone permits the 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.
Cr\PC2007-83 -1- PC2007-83
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2. `° That California state law requires a petermination of Public ConVehie~ce or Necessity
when property is 1ocated 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 shali 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 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 Municipai Code, said recommendations
shall take the form ofconditions of approval to be,imposed on the determination in orderto ensure that
the sale ofbeer and wine does not adversely affect anyadjoining land use or the growth and
development of the surrounding area. '
4. That the accessory: sales of beer and wine will not have a negative impact on the
surrounding area due to the operational'characteristics of the market including the use of security
cameras for monitoring and the control of thebeer and wine storage through locked doors:
5: That the public convenience or necessity will be served because although there are .
multiple alcohol outlets in the nearby vicinity of the pi-oposed service station convenience market, these
businesses are'speciatty ethnic markets: The market in the vicinity'that sold general merchandise
including beer and wine recently closed.
6. That the Determination of Public Convenience or Necessity can be made based on the '`
finding that the license requested is consistent with the Pianning Commission policy for such
determinations.
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit sales of alcoholic beverages for off-premises
consumption within a proposed convenience market and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgment of the iead agency and that it has
considered the Negative 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 Planning Commission does hereby grant
subject Petition for Public Convenience or Necessity.
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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay '
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
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THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
July 23, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipai Code pertaining to appeai procedures and may be replaced by a City Council :
Resolution in the event of an appeaL ~
CHAIR AN, AHEIM PLA G COMMISSION
ATTEST: `
--
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
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 passed and adopted at a meeting of the Anaheim' Planning Commission
heid on July 23, 2007, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSlONERS: KARAKI -
ABSENT: COMMISSIONERS: FLORES, ROMERO
Tf~.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
v ~ S ~ , 2007.
. /1 /~~~~-~'v`'`'6
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION