Resolution-PC 97-50~ ~
RESOLUTION iJO. PC97-50
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIEN(:E OR NECESSITY NO. 97-07
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1244 NORTH HARBOR BOULEVARD
WHEREAS, on July 11, 1995, the Ciry Counc(I adopted Resolutfon No. 95R-134 establishing
procedures and delegating certain responsibilfties to the Planning Commission relating to the determination
of "public convenience or necessity' on thoss certain applfcations requirtng that such determination be made
by the local goveming body pursuant to applicable provislons of the Calffomia Business and Professfons
Code prior to the issuance of a Iicense by the Department of Alcohdic Beverage Contrd (A.B.C.); srx4
WHEREAS, Section 23958 of ihe Business and Professions Code provides that the ABC shall
deny an applicatlon for a license ff issuance of that license would tend to create a law enforcement problem,
or ff issuance would result in or add to an undue concentration of Ifcenses, except when an applicant has
demonstrated that pubiic convenience or necessity would be served by the (ssuance of a Iicense; and
WHEREAS, the Cfry Planning Commission ot the Ciry of Anaheim d(d receive an application
for a Determination af Public Cornenience or Necessiry to permR the retail sales of beer arx3 wine for ofF-
premfses c~nsumption in conjunction with the accessory cornenience market within a Qroposed servir,e
station faciliry on certain real property situated in the City of Anaheim, Ccrunty of Orange, State of Calffomia,
descri~,ed as
PARCELS 1, 2, ANp 3, IN THE CITY OF ANAHEIM, COUMY OF ORAPJGE, STATE OF
CALIFORNIA, TOGETHER WITH THOSE PARCELS OF LAND DESCRIBED AS (RESIDIlAL),
AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 30 AND 31 OF PARCEL MAPS, IN THE
OFFICER OF THE COUNTY RECORDER OF SAIO COUNTY.
WHEREAS, the Ciry Planning Commission of the Ciry Of Anaheim did hdd a public hearing
at the Civic Center fn the City of Anaheim on April 28 , 1997, at 1:30 p.m., notice of said public hearing
hav(ng been duly given as required Resdution No. 95R-134 and in acco~ance wfth the provisions of the
Anahelm Municipal Code, Chr,pter 18.03, to hear and consider evidence for arxi against said proposed
determ(natfon of public conv~nience or necessfry for an alcoholic beverage contrd license to investigate
and make findfngs and recommendat(ons in connection therewfth; and
WHEREAS, said Commisslan, after due inspectfon, investigation and study made by ftself
and in fts behalf, and after due cons(deration of all ev(dence and reports offered at ~aid hearing, does find
and determine the fnllowing facts:
1. That there is a high crime rate w~thfn the A.B. . reportfng district;
2. That there is an over-concentration of licenses wfthin the census tract;
3. That the pubUc convenience is already served by two existina A.B.C.-Iicensed facilRies
provid(ng retail sales of alcohdic beverages within 1,000 feet of this properry; and
4. That 2 people spoke fn opposftion at the pubBc hea~ing and no correspondence was
received in opposition.
CR2889PLWP -~- p~~"'~
~ ~
~ALIFORNIA ENVIRdNMENTAL QUAUTY ACT FINDING: That tha Anaheim City Piarn~in~
Commission has reviewed the proposal to determine the public ~ornenience or necessity for a Type 20
Ncohdic Beverage Contrd Iicense to permft the retaJ saies of beer and wfne r°icestartion facil ~no apotne
in conjunction with the accessory cornenience ms~icet within a proposed .~ hY
acre rectanguia:ly-shaped properry having a frontage of 215 feet on the east side of Harbor Boulevard,
having a maximum depth of 220 feet, and being located 240 feet north of the ceMe~iine of Romneya, (1244
North Harbor Boutevard); and does hereby approve the NegatNe Dedaration upon Mding that the
dedaration reflects the indepandent Judgement of the lead agency and that R has considered the NegatNe
Declaration together with any comments receNed during the pubiic review process and fu-ther flndfng on
the basis of the (nitial study and any comments receNed that there is no substantial evidence that the
proJect will have a signtflcani effect on the ernironrrent.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannfng Commission does
hereby determine that the pubUc convenience or necessity will not be served by the issuanco of a Iicense
for a Type 20 Alcohdic Beverage ^.ontrd Iicense to permft the retaU ~ales of beer and wine for off-
premises consumption !n conjunction wRh the accessory convenience market within a proposed service
station faciliry locatsd at 1244 North Harbor Boulevard, based on the Findings herefn.
THE FOREGOING RESOLUTION was adopted at ~e Planning Commission meeting of April
28, 1997.
CHAIR ERSON, ANA IM CITY PIANNING COMMISSION
ATTEST:
an~~ ~~
SFCRETARY, H AHEIM CITY PIANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anahe(m Ciry Planning Commission, do hereby certify
that ihe foregoing resoEution was passed and adopted at a mesting of the Anahetm Ciry Planning
Commission held on April 28, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: eflSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NON~
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~O~ day of _• (~ .
1997. .
l,lA lx-/I~L~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
-2- PC97-50