Resolution-PC 98-95RESOLUTION NO. PC98-95
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CON\/ENIENCE OR NECESSITY NO. 98-03
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 2960 WEST LINCOLN AVENUE, SUITES I AND J
WHER[AS, on July 11, 1995, the City Counr,il adopted R2solution No. 95R-134 establishing
procedures and delegating cerfain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such deiermination be made by
the Iccal goverring body pursuant to applicable provisions of the California Business and Professions Code,
arid 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 servad by the issuance of a license; and
WHEREAS, the Ciry Planning Commission of the City of Anaheim did receive an appiication for
a Determination of Public Convenience or Nec~ssity to on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCEL N0. 2, AS SHOWN ON A MAP FILED IN BOOK 16, PAGE 46 OF
PAF~CEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COLR~ITY.
4VHEREAS, the City Planning Comrrission of the City Of Anaheim did hold a public hearing at
:he Civic Center in the City of Anaheim on June 8, 1998, at 1:30 p.m., notice of s='-' ~ublic hearing having
been duly given as required Resolution No. 95R-134 and in accordance with the pro:.~ions of the Anaheim
Municipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of
public convenience or necessity for an alcohoiic beverage control license 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 ail evidence and reports offered at said hearing, does find and
determine the following facts:
1. That this r2~uest was considered in conj~nction with Conditional Use Permit No. 4029 (to permit
a 2,480 sq.ft. cunvenience market with retail sales of alcoholic beverages for off-premises consumption within
an exisE~ng 15,300 sq.ft. commercial center); and that said use permit was approved, in part, by the Planning
Commission to permit the convenience market and deny the proposed retail sales of alcoholic beverages.
2. That the Anaheim Police Department indicated that an additional ABC license in the underlying
Reporting district 1718 would create an undue over-concentration of license~ in this area (4 permitted, 5
currently issued); and that the subject property is located in a reporting district which has a crime rate 229%
above the City average.
3. That the petitioner did not demonstrate that this request would serve to benefit the public in
terms of convenience or necessity.
4. That no one spoke in opposition at the public hearing and no correspondence was recaived in
opposition.
CR3325PL.DOC -1- PC98-95
CALIFORNIA E`!'JIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning
Commission has reviewed the proposal to determine public convenience or necessity for the retail sales of
alcoholic beveraqes for off-premises consumption in a proposed 2,480 sq.ft. conver.ience market located in
an existing 15,300 sq.ft. commercial center on a 1.12-acre parcel iocated on the west sido of Laxore Streat
between Lincoln Avenue and Embassy Avenue, with frontages of 85 feet on the west side of Laxore Street,
258 feet on the north side of Embassy Avenue and 148 feet on the south side of Lincoln Avenue, and fu~ther
described as 2960 West Lincoln Avenue (Suites I and J); and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any commen!s received during fhe public review process
and further finding on the basis of the initial study and any comments received that ihere is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVEa that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by the issuance of a Iicense for
the retail sale of alcoholic beverages for off-premises consumption in a convenience market located at 2960
West Lincoln Avenue (Suite Nos. I and J) based on the preceding findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 8,
1998.
% d ..~ ~ rtr.. ..
CHA PERSON, ANAHEIM CI pLANNING COMMISSION
ATTEST:
Se~
SECRE ARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, Margarita Solorio, 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 June S, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYOSTUN, 6RISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this /'" day of z~~~
1998.
SECRETARY, AHEIM CITY P~qNNING COMMISSION
"Z' PC98-95