Resolution-PC 97-4~>
F~ESOLUTION NO. PC97-4
,,~>
A RESOLUTION OF THE ANAHEIM C~TY PLANNWG COMMISSION _
DENYING DETERMIMATfON QF PUBLIC CONNEiJIE~V~E OR NECESSITY NO. 97-02
F(3R AN ALCOHOLIC BEIIERAGE CONTRQL UCENSE
AT 3174 WE~T BALL ROAD (J&J FQOD STORE)
V~'HEREAS, on July it, 1995, the Ciry Council ado~ted Re~dution No. ~5R•134 establ3sh(ng
procedures and delegating certain responsibilities to the Planni~g ~ommission relat3ng to tho dsterNin~tion ~f
'pubtic convenience or necessity" on thcse ceitain applfcations requiring that such determination be ~rtadQ b~+
the local gaverning body pursuant to appticable provis(ons of the Cal~fomia Business and ProfessE~ns G:ade,
and prior to the issuance of a Iicen~e by the Department of Alcoholic B~ev~rage Control (ABCj; an•~
WHEREAS, Section 23956 of the BusinE~ss and Professions Code provides that fhu A~C shall
deny an application inr a Iicense if issuance of tt~at liceiue would tend to r,r,eate a ~aw enforc~m~~i2, P~ro~bl has
or if issuance would resuif in or add to aR undue concentration o~ lice~ses, except whe~ an bpp'
demonstrated that public convenience or nscessity would be serve~d by 3.he fssuance of a license; and
WHEP,cAS, the Ciry Planning Commission of the ~iry ~f Anaheim did receivs an aFplication tor
a Determination of Public Convenience or Necessity :o upgrade an existing Type 20 (heer and wine) Alcohol:c
off-p emises consuimpt(on na onjunc:tion with ainQoxistinr conver~ ence~ma ~e olnyproperty descr bed g$S for
THE VvEST 17(1.00 FEET OF 7H~ NORTH 771.00 FEET O' 7HE NORTHWEST
~UARTER UF 7HE NORTHWEST QUART~R C)F ThlE ~ORTHEAST QUARTER OF
SEC710N 23, TOWNSHIP 4 ~OUTH, RANGE 11 H!EST IN THE LOS COYOTES,
CITY OF ANAHEIM, COUPfTY OF ORANGE, STATE OF CAUFORNIh, AS PER
MAP R~CORDED IN BOOK 51, PAGE t7 OF MI~CELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY REC09DED OF SAIi7 COUNTY.
ALSQ KNOWN AS:
THAT PORTION OF IAND LOCATED IN THE CITY OF ANAHEIM, COUNTY OF
ORAPdGE, STATE OF CALiFORNIA, BEING A PORTION OF THE NQRT~IWEST
QUAI3TER OF THE NORTHWEST nUAFITER OF THE NURTHEAST ~UAR7EH OF
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THF RANCHO LOS
M S(:ELLANEOUS MAPS, IN THE OFFICE OFDTHE COUNTY RECORDER OF SA~ID
Cnl,It~iTY DESCRIBED AS FOLLdWS:
BEGINNING AT 7HE CEN7ERLINE INTERSECTION OF BAIL ROAD AND
WESTERN AVENUE; THENCE EASTERLY ALONG THE CENTERUNE OF BALL
ROAD, N.89° 38' 40` E., 170.00 FEET THENCE S.0° 09' 20' E., 53.00 FEET TO
TNE TRUE POINT OF BEGINNING THENCE S.0° 09' 20° E., 118.00 FEET;
THFNCE S.89° 38' 40' W, 125.00 FEET THENCE N.C° 09' 2(~" W, 103.05 FEET
TO TNE BEGlNNING AT A TANGENT CURYE CORNER. SOUTh!EASTERLY AND
HAVING A RADIUS OF 15.00 FEETTHEM~E NO~THEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 48' QO' AN ARC
DISTANCE OF 23.51 FEET; THENCE N.89° 38' 40' E.,11U.05 FEET TO THE TRUE
POINT OF BEGlNNING
~ PC97-4
CR2805dm.wp
~ ~.
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 January 6, 1997, at 1:30 p.m., notice of said publfc hearing having
been duly given as required Resolution No. 95R-134 and in accordance with the provisions of the Anatieim
Municipal Code, Chapter 18.03, to hear and consider evidence for and ~gainst sa6~ proposed determination
of public convenience or necessity for an alcoholic beverage control Iicense to investigate and make findfngs
and recommendations in connection therewfth; and
WHEREAS, said Commisslon, after due inspection, investigation and study made by itseif and
in .ks behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the foilowing facts:
1. That subject property is developed wfth a 2,680 sq.ft. convenience rrsarkE~t on property zoned
CL (Commercial, Lfmited) since 1965;
2. That the Anaheim General Pian designates subject praporty for General Commercial land usee;
3. That the subject convenience market is a legal non-contorming use that e~~cistecl prior to
amenaments to Section 18.44.050 "Condftional Uses and Structures in the CL Zone" of the Anahe(m Municipal
Code (on February 23, 1988 and November 2, 1993) to require approval ot conditional ~~~se permks for
markets with floor areas of less than 15,000 sq.ft. and for retail stores ~eliing liquor;
4. That the applfcant submitted two letters and a petitfon in support of the reyusst; and that five
people spoke at the public hearing in favor of subject proposal;
5. That no one spoke in opposition to the proposal at the publi ; hearing ard that no
correspondence was receF~ed in opposRion to the subject petifion.
c;ALIFQRNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim City I':anninp
Comm(ssion determined that pursuant to Section 15061(b)(3), the proposed project is exempt franr the
requfrement to prepare an ernironmental impact report (EIR) an defined in ihe State ElR Guidelines.
NOW, THER~FORE, BE !T RESOLVED that the Anah2lm Ciry Pianning Commissfon does hQreby
determfne ihat tf~e pubiic cornenience or necessfty will not be served by the issuance of a Ilcense for the sale
of beer, wine and generai Ifquors (or off-premises consumption at the location based on the follovrfng:
1. That the Police Department testified ttiat subject property is located i~ a census tract which has an
ovac-c~.n~centrat(on of ABC Iicenses based on the populat(on of said census tract (4 permitted, 8 issued;;
and that issuance of any addftional I(censes or upgraded approvals for ths sale of aicoholic beverages
will add to the existing over-concentration (r, violation of Section 23958 ot the Calf(omia Business and
Professfons Code;
2. That the petftioner did not demonstrate that subject request would serve to benefit the public; in
convenience or necessity;
3. That the surrounding area already has twice the number of ABC licenses that ara curcenUy permitted,
indicating that the putkic is aiieady serve~,l by existing businesses, inGuding subject business whi~h
currently provides beer and wine sales; and
4. That approval of ihis request wouid intensily subJect legal non-conforming use.
CR2805dm.wp - 2 - PC97-4
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THE FOREGOING RES4~U,r10~ was ad~pted at the Planning Commission meeting of
- .,'anuary 6, '997. ~~ /„ ~~
3~ a
CHAIRFERSON, ANAHEI CITY PLANNING COMINiSSION
k"rTEST: /~
~
SECRETA ,' AHEIM CITY PLANNING COMMISSION
STATE OF CALIFURNIA )
~OUNTY OF ORANGE 1 ss.
CITY OF ANAHEIfVi )
I, Margarita Sdorio, Secretary of the Anaheim City Planning Commission, du hereby certYfy
that the foregoing reselutlon was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 6, 1997, by the fo0lowing vote of the membQrs thereof:
AYES: COMMISSIONERS: BOSTWICIC, BOYDSTUN, BRISTOL, HENMINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: ~IONE
ABSENT: COMMISSIqNERS: NONE ~
IN'JVITNESS WHEREOF, I have hereunt~ set my hand thEs ~ day of ~~12~.
1997. ~ ~~ ~
SE~RETARY, A AHEIM CITY PLANNING COMMISSION
CR2805dm.wp - 3 - PC97-'s