Resolution-PC 97-10~ v
RESOLUTION N0. PC97-10
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMh11SSION
DETERMINING PUBLIC CONVENIENCE OR NECESSIN N0. 97-03
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 520 WEST BALL ROAD
WHEREAS, on July 11,1995, the City Councll adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilitfes to the Planning Commfssion relating tu the determinat(on
of "publlc convenience or necessity" on those certain applicailons requiring that such determination be rr~de
by the local governing body pursuant to appAcable provisions of the Business and Professions Code, and
prior to the issuance of a 8cense by the Department of Alcoholic Beverage Control (ABG); and
WHEREAS, Section 23958 of the Business and Professions Code provides that The ABC
shall deny an application for a Iicense if issuance of that license would tend to create a law enforcement
problem, or ff issuance would result in or add to an undue concentrat(or of Ifcenses, except when an
applicant has demonstrated that public convenience or necessiry would be served by the issuance of a
license; and
V1,'HEREAS, the City Planning Commission of the City of Anaheim did receNe an application
for a Determination of Public Convenience or Necessity to permft the retail sale of beer and wine for off
premises consumption at a proposed service station with an accessory convenience markEt on certa(n real
property situated in the Ciry of Anaheim, Counry of Orange, State of CalHornfa, described as:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT N0. 1758, AS
SHOWN ON A PAAP RECOFiDED IN BOOK 53, PAGES 19 AND 20 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FRQM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL
200709-I IN DEED TO THE STATE OF CAUFORNIA RECORDED AUG~JST 31, 1994
AS INSTRUMENT N0. 94-0534178 OF OFFICIAL RECORLS OF SAID ORANGE
COUNTY.
PARCEL 2: THE WEST '150.00 FEET OF THE tVORTH 150.00 FEET OF ThIE
NORTHWEST QUARTER OF YHE NORTHWEST QUARTER OF THE NORTHEAST
~UARTER OF SECTION 22, TQWNSHIP 4 SOUfH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELI.ANEOUB MAPS, RECORDED OF ORANGE
COUNTY, CAUFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE
WEST 150.00 FEET 0~ THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE PIORTHEAST ~JARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN TH~ RANCHO SAN JUAN CAJON DE SANTA ANA,
AS SHOWN ON A MAP RECORQED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF QRANGE COUNTY, CALIFORNIA.
WHEREAS, the Ciry Planning Commission did hold a pubUc hearing at the CNic Center in
the City of Anaheim on January 22, 1997, at 1:30 p.m., notfce of said public hearfng having been duly given
as required by Resolutfon No. 95R-134 and in accordance wfth the provisions of the Anaheim Municipal
Code, Chapter 18.03, to hear and consider evidence for and against said proposed determ(nation of public
convenience or necessfty for an alcoholic beverage control Iicense to (nvestigate and make findings and
reoommendations in connectton therewtth; and that said public hearing was continued to the February 3,
1997 Planning Commission meeting; and
CR2816DM.WP -1- PC97-10
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WFiEpEAS, said Commission, after due inspection, irnestigation and study m~ Je by ftse!f
and in fts behalf, and after due consideration of ali evidence and reports offered at said hearing, does finG
and determine the following facts:
1. That the determination of publlc cornenience and necessiry is appropriate for the
proposal on subject property because it will not crexte an undue concentration of such Iicenses within the
surrounding geographic area sinca an existing ficen~e is lo~ated a signfficarrt distance away (approximately
1 mila) from the subject property.
That the subject ~epoRing t7istrict has a crime rate 32% lower than the City average.
3. Ttvat no one indlcated their pr~sence at the ~ublic hearing (n opposftion; and that
no correspondence was receNed in opposftion to the suhject petRion.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINCiiJG: That the Anaheim Ciry Planning
Commission has reviewed the proposal to determine public c~nvenience or necessity for retail sales of beer
and wine, for off-premises consumption, at a proposod service station acces::ary convenience market on
an irregularly-shaped parcel, consisting of appr~ximat~ly 0.98 ~cre located at the southeast comer of Ball
Road and Harbor Boulevard, having approximato fi•onta~es of 185 feet on the south side of Ball Road and
285 feet on the easi side of Harbor Boulevard, and further described as 520 West Ball Road; and does
hereby approve the NegatNe Declaration upon flnding that the dedaration reflects the independent
judgement of the lead agency and that B has consiaore~i ihe Negathde Declaration together with any
comme~ts received during the public review process and further flnding bn the basis of the inftial study and
any comments receNed that there is no substantial evidence that the project will have a s(griffic~nt effect
on the environment.
NOW TN~REFORE BE IT RESOLVED that the Planning Commission does hereby determine
that the publfc convenience or necessiry will be served by the issuance of a license for the retall sale of beer
and wine for off-premises consumption, at this location.
BE IT FURTHER RE50LVED that the Anaheim Ciry Planning Commission does hereby flnd
and determine that adoption of this Resolucicvi is expressly predicated upon applfcant's compliance wfth
each and all of the flndings heroinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 3, 1997.
ATTEST:
~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
/~~~~ ,
CHAIRMAN ANAHEIM C! PLANNING COMMISSION
_2_ PC97-10
,: v
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C:ITY OF ANAHEIM )
I, Margarita Solo~io, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing resolut(on was passed and adopted at a meeiing of the Ans;h~im City Planning
Commission held on February 3, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIANERS: BOSTWICK B~YDSTUN, BR{STOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIGNERS: NONE
ABSENT: COMMiSSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~_,
1997.
~ I ~c~n.~
SECR A Y, ANAHEIM CITY PI~4NNING CAMMISSION
~- PC97-10