Resolution-PC 2004-30~
RESOLUTION NO. PC2004-30
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00014
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1523 WEST KATELLAAVENUE (LA ESTRELLA MARKET)
WHEREAS, on July 11, 1995, the Anaheim 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 locai governing body pursuant to applicable provisions of the California
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 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 permit the retail sale of beer and
wine at an existing convenience market at 1523 West Katella Avenue (La Estrella Market) for off-premises
consumption and for on-premises consumption in the take-out restaurant service deli portion of the
convenience market; and
WHEREAS, said application for a Determination of Public Convenience or Necessity was
submitted concurrently with a request to amend Conditional Use Fermit No. 3420 which was granted in
1991 under Resolution No. PC91-87 to permit a convenience market at 1523 West Katella Avenue subject
to certain conditions of approval; and that Condition No. 4 of said resolution specifies "That no alcoholic
beverages shall be sold on the subject property ; and that the request to amend said conditional use
permit was to delete Condition No. 4 in order to permit the retail sale of beer and wine for off-premises
consumption in the existing convenience market (La Estrella) and to also permit the retail sale of beer and
wine for on-premises consumption in the take-out restaurant service deli portion of the convenience
market; and
WHEREAS, on March 22, 2004, the Planning Commission did, by its Resolution No.
PC2004-029, deny the request to amend Conditional Use Permit No. 3420 to delete the above-mentioned
Condition No. 4 which specifies "That no alcoholic beverages shall be sold on the subject propertY` and,
therefore, said Condition No. 4 remains in full force and effect; and
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 March 22, 2004, 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 (Zoning Procedures-Amendments, Conditional Use Permits
and Variances), 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 is hereby
denied because the off-premises and/or on-premises sale of alcoholic beverages is not a permitted use in
a convenience market with a take-out restaurant service deli in the CL (Commercial, Limited) zone unless
a conditional use permit has first been approved permitting such use; and, furthermore, that a request to
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amend Conditional Use Permit No. 3420 to permit such use at the subject convenience market has been
denied as of this date.
2. That the applicant has not demonstrated that the pubiic convenience or necessity would be
served by the issuance of an ABC license; and that there are currently similar establishments in the
immediate vicinity that provide convenience for customers to purchase beer and wine.
3. That this convenience market is located within an area having a below average crime rate
(30% below the City average) but this property has had 14 calls for Police service during the most recent
reporting period with three (3) reports taken over a period of one (1) year; that approval of this request for
the retail sale of beer and wine could increase the crime rate for the reporting district and/or increase the
calls for service at this location; and that the proximity of Stoddard Elementary School, including the
School DistricYs opposition to the request, outweigh any convenience resulting from granting the request.
4. That e-mail correspondence was received from the Superintendent of the Anaheim City
School District opposing the proposal and requesting that it be denied; that three people indicated their
presence at the public hearing in opposition to the request; that a petition was submitted with 71
signatures in opposition; and that an e-mail correspondence in opposition was received from an area
resident.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed (a) the proposal to amend or delete certain conditions of approval
adopted in connection with Conditional Use Permit No. 3420 to permit the retail sale of beer and wine for
both off-premises and on-premises consumption in an existing convenience market having a take-out
restaurant service deli area with 26 seats and (b) a Determination of Public Convenience or Necessity for
an alcoholic beverage control license at 1523 West Katella Avenue (La Estrella Market); and does hereby
find that the Negative Declaration previously approved in connection with Conditional Use Permit No 3420
is adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead 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 Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by the issuance of a license
for 1523 West Katella Avenue (La Estrella Market) based on the above-stated findings, and that
Determination of Public Convenience or Necessity No. 2004-00014 is, therefore, denied.
THE FOREGOING RESOLUTION was adopted a the Plan ing mmission meeting of
March 22, 2004. - ,
(/-'~oCll9~
HAIRPERSON, ANAHEIM CITY PLANNI G COMMISSION
ATT,E,ST:
RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 March 22, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, VANDERBILT-LINARES
NOES: COMMISSIONERS: FLORES, O'CONNELL
ABSENT: COMMISSIONERS: ROMERO
• IN WITNESS WHEREOF, I have hereunto set my hand this _~~~`~'day of
, 2004.
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IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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