Resolution-PC 97-73~ ~
RESOLUTION NO. PC97-73
A RESOL'JTION OF THE AhAHEIM CITY PLANNING COMMISSION
DEfERMINING PUBLJC CONVENIENCE OR NECESSlTY NO. 97-09
FOR AN ALCOHOUC BEVERAGE CONTROL LJCENSE
AT 301 SOUTH ANAHEIM BOULEVARO
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilkfes to the Planning Commfssior, relating to the detr>rmination
of `publfc convenienco or necessity on those certain appl~cations requiring that such determination oe made
by the local govem(ng body pursuant to applicable provisions of the Suslness and Profess(ons Code, and
prior to the issuance of a Iicense by the DepartmeM of Alcohdic Beverage Contrd (ABC); and
WHEREAS, Section 23958 uf the Business and Profe.ssfons Code provfdes that the ABC shall
deny an appltcation for a Iicense ff issuance of that Iicense w~uld tend te create a law enfc+rcemerrt problem,
or if (s~uance would result 1~ or add to an undue concentration of Ifcenses, except when an applfcant has
demonstrated that publtc cornenience or necessity would be served by the issuance of a Iicense; and
WHEREAS, the Ciry Planning Commission of the Ctry of Anaheim d(d receive an applicaticn
for a Uetermination of Public Convenience or Necessfty for a Type 20 (Beer and Wine) Alcoholfc Beverage
Contrd (AE3C) Iicense to permit the retail sales af beer anr' wine for off-premises consumption in conjunction
wfth the praposed cornenlence market on certaln real property sftuated in the Ciry of Anaheim, Counry of
Orange, State of Califomia, desc~ibed as:
LOT 49, OF THE ORIGINAL TOWN OF ANAHEIM, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGES 629 ANO 630
OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CAUFORNIA, EXCEPTING THEREFROM THAT
PORTION WITHIN THE FOLLOWING DESCRIBED LANa:
COMMENCING AT THE INTERSECTION 0!= THE CENTERLINE WITH
THE CENTERUNE OF ANAHEIM BOULEVARD (NEV1~ AS SHOWN ON
°ARCEL MAP NO. 90-224 FILED IN BOOK 256, PAGES 3 7HROUGH
11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY FiECOROER
OF SAID ORANGE COUNTY, THENCE SOUTH 75 DEGREES 26' 31'
WEST 24215 FEE7 ALONG SAID CENTERUNE OF BROAQWAY;
THENCE SOUTH 14 DEGREES 33' 29' EAST 21.75 FEET TO THE TRUE
POINT OF BEGINNING, SAID POtNT BEING ON THE SOUTHERLY
LINt OF SAID BROADWAY, FORMERLY. BROADWAY STREET, AS
DE~CRIBED IN THE DEED TO THE CITY OF ANAHEINi, RECARDEU
MAY 28, 1907, IN DOOK 149, PAGE 32 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, THENCE NORTH
75 DEGREES 26' 3t' EAST 154.88 FEET ALONG SAID SOUTHERLY
UNE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTER~Y HAVING A RADIUS OF 25.00 FEET; THENCE
EASTERLY AND SOUTHERLY 39.30 FEET ALONG SA1G CURV~
THROUGH A CEM'RAL ANGLE OF 90 DEGHEES J3' 55' TO A LINE
PARALLELVVITH AND WESTERLY 40.00 FEET FROM THE SOUTHERLY
PROLONGATION OF THE CENTERUNE OF ANAHEIM BOULEI~'ARD
(OlD) AS SHQWN ON SAID PA'iCEL MAP NO. 90-224; THENCE
CA2930PLWP -1- PC97-73
~ ~'
SOUTH 14 DEGFiEES 29' a4" FJ\ST 3.40 FEET ALONG SAID PARALLEI.
LINE; THENCE NORTH 59 DEGREES 31' 31" WEST 23.22 FEET TO A
UN~ PARALLEL WITH AND SOUTHERLY 12.00 FEET FROlu9 SAIp
SOUTHERLY UNE OF BROADWAY; THENCE SOUTH 75 DEGREES 26'
31' WEST 103.43 FEET ALONG SAID IAST MENTlO~iED PARALLEL
LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 85.00 FEEf; THENCE WESTERLY
28.08 FEET ALONG SAID CURVE THRQUGH A CEMRAL ANGLE OF 18
DEGREES 55' 29"; THENCE NORTH 85 DEGREES 38' 00" WEST 12.00
FEET TO 7HE BEGINNING OF A TANGENT CJRVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 65.OU FEET; THENCE WESTERLY
21.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18
DEGREES 55' 29" TO THE TRUE POINT OF BEGINNING.
WHEREAS, the C'tty Planning Commfssion did hold a public hearing at the CNir. Center
ir~ the Cfty af Anaheim on June J, 1997, at 1:30 p.m., notice of sakl public hearing having been duly given
as ~equired by Resolution No. S~R-134 and in accordance wfth the provislons of the Anaheim Municfpal
Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of public
convenfence or necessity for an alcoholic bevPrage contral Iicense to investfgate and make findfngs and
recommendations in connection therewith; and
`NHEREAS, sa(d Commission, after ciue inspection, investigatfon and study made by itself
and in fts behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
t. That the petftloner requests a Determination of Public Convenience or Necessiry
for a Type 20 (Beer and Wine) AlcohoUc Be~erage Contrd (ABC) license to permit the retail sales of beer
and wine for off-premises consumption in conjunction wfth the proposed convenience market.
2. That the Anaheim Police Department recommended approval subJect to certain
conditions of approval which were made part of Resolution No. PC97-72 adopted in connection with
Conditional Use Permft No. 3939 (to construct 3,750 sq.ft. se~vice station, includin~ a convenience market
with retail sales of beer and wine for off-premises consumption, a drive-through car wash, and two fast
food restaurants) granted in conjunction with this request.
3: Tha: one person spoke in favor of subject proposal at the publfc hearing; and that
corcespondenco was received in favor of the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim Ciry
Planning Com.missfon has reviewed fhe proposal to permft the retail sales of beer arrl wine for off-premises
consumption in conJunction with the proposed convenience market on a 0.93-acre irregularly-shap2d parcel
af land located at the southwest comer ~f Broadway and Anaheim Boulevard and having frontages of 175
feet on the sovth sfde of Broadway and 150 feei on the west side of Anaheim Boulevard (301 South
Anaheim Boulevard); ar~d does hereby approve a Mitfgat~cl Negative Declaratfon and adoQt the Mitigztion
Monitoring F:~,ram pursuant to Section 21081.6 of the Public Resour~es Code on the basis that the
declaratian reflects the independent judgement of the lead agency and that the Planning Commission has
considered the proposal with the Mitigated Negative Declaratiun ar-d Monfto~ing Program, together wfth
t:~ny comments receN~ed du~ing the public review proc;ess and further flndfng, on the basis of the Inrtial
5tudy, that there is no substantial evkJencs that tne ~iro~sct will have a signfficant effect on the
arnironment.
-2- PC97-73
~ ~
NOW THEREFORE BE IT RESOLVECI that the Plannfng Commission does hereby
determino that the public carnenience or necessity w111 be served by the fssuance of a Iicense to permft
the reta(i sales of beer arxi wine for off-premises consumption fn conjunction wfth the proposed
convenience n~arket at 301 South Anaheim Boulevard.
BE IT FURTHER RESOi~VED that the Anaheim City Planning Commission does hereby flnd
and determ(n~ that adoption of this Resolutfon is expressly predicated upon applicant's compliance wfth
each and all of the findings herelnat~ove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 9, 1997.
t~~ ~ `~a~.~.~- ~
CHAIRP~ ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SEC~Y, NAHEIM CIN PLANNING COMMISSION
STATE OF CALIFORIvIA )
COUNTY OF ORANGE ) ss.
ClTY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that tFe foregoing resolution was passed arxi adapted at a meeting of the Anaheim City Planning
Commission held on June 9, 1997, by the fdlowing vote ot the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, PERAZA
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: MESSE
hBSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereuntc set my hand this ~~ day of (~~~_.
1997. •
SECREfARY, NAHEIM CITY PLANNING COMMISSION
~- PC97-73