Resolution-PC 99-17RESOLUTION NO. PC99-17
A RESOLUTION OF THE ANAHEIM CIIY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. ~9-17
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1120-1150 SOUTH ANAHEIM BOULEVARD
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such determination be mede by
the local governing body pursuant to applicable provisions of the Caiifornia Business and Professions Code,
an@ prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Sectien 23958 of the Business and Professions Code providss 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 thai public convenience or necessity would be served by the issuance of a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive ~n appiication for
a Determination of Public Convenience or Necessity for retail sales of beer and wine for off-premises
consumption in conjunction with a service station and convenience market and integrated fast fcod restaurant
with a drive-through lane on certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF LOT 25 OP ANAHEIM EXTENSION, IN THE CITY OF ANAIiEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVLY BY ~VILLIAM HAM~L, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGES
1G2 TO 1G4 INCLUSIVE OF LOS ANGEiES COUNTY MAPS, IN THE OFFICE OF TI3E
COUNTY RECORllER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25
W1TfI THL WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT
NO. 27i7, AS SHOWN ON A MAP RECORDED IN BOOK 103 PAGES 28 AND 29 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
THENCG NORTH 74° 28' 11" EAST PARALLEL W1TH THE NORTHERLY LINE OF
SAIL~ LOT 25 A DISTANCE OF 320.00 FEET: THEIv'CE SOUTH 15° 31' 4i" EAST
185.IG FELT PARALLEL WITH THE WESTERLY LINE Or SA1D LOT 25 TO THE
SOUTHERLY LINE OF LAND DLSCRIBED IN A DEED TO HERMAN HENRY BRUNS
AND ~1'IFE, ItECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE 12, OFFICIAL
REi,ORDS; THLNCE SOUTi-I 74° 28" 11" WEST ~20.00 FEET ALONG SA1D
SOUTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 25; THENCE NORTH 15°
31' 49" W EST 185.1 G FEET TO THE POINT OF EEGINNING.
EXCEPT THEREFROIvI THAT PORTION AS DESCRIBED IN TI-IE DEED TO THE CITY
OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT T'0. ~5-0254773 OF
OPFICIAL RECOI2DS OF SAID COUNTY.
SAID LANG IS INCLUDLD WITHIN THE AREA SHO\VN ON A MAP FILED IN THE
OPfICE OF THE COUNTY RECORDER OF SAID ORANGE COWi TY, IN BOOK 54
PAGE 22, RECORDS OF SUR~lEY.
PARCEL 2:
THE NORTEIERLY 70.00 FEET OF THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION. IN THE CITY OF ANAHEIM, COUNTY OF ORANCiE, STA~'E OF
CR3538PK.DOC -1- PC99-17
CALIFORATIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMLET, A COPY
OP WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE OF LOS
ANGELES COUNTY MAPS, IN THE OFFICE OF THE RECO1tDER OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOT.LOWS:
BEGINNING .~T ~I~ S('UTHWESTERLY CORNER OF SAID LOT 25, SAID CORNER
BEING AL5i1 Tlii: IN7'EicST'C'i'ION OF THE CENTERLINE OF I,OS ANGELES
:iTREF.T WiTH T!iF :''.:L'T~' ;,INL OF SECTION 15, TOWNSHIP 4 SOUTH RA'iQGE 10
WL"•ST, AS Si-IOt~'N OT+ SAID ;viAP OP ANAHEIM EXTENSION: THENCE ALONG
THE WESI'ERLY Ll\t C'r SAIU LOT 25 CENTER LINE OP LOS ANGELES STREET7
15° 30' 00" NEST 417.R5 FEET TO THE SOUTHERLY LINE OF THE LAND
CONVEYED TO HERMAN HENRY BRUNS AND EDNA EMMA ARUNS, BY DEED
RLCORDED NOVEMBER 18, 1935 IN BOOK 792. PAGE 12 OF OFFICIAL RECORDS:
THENCE ALONG SAID SOUTHERLY LINE NORTH 74° 30' 00" EAST .i12.43 FEET;
THENCE SOUTH 0° 03' 00" EAST 539.27 FEET TO THE SOUTHERLY LINE OF SAID
SECTION 15: THENCE SOUTH 89° 57' 00" WEST TOT HE POINT OF BEGINNING.
EXCEPT THE WESTERLY 300.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOV~IN ON A MAP FILED IN BOOK
54, PAGE 22 OF RECORDS OF SURVEY, IiQ THE OFFICE Or THE COWi TY
RECORDER OF SAID COUI~'TY.
PARCEL 3:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE C1TY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN OI3 A MAP OF
SURVEY BY WILLIAM HAMLL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES
1G2 TO iG4 INCLUSIVE OF "LOS ANGELES COUNTY M.4PS" IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THR CENTERLINE OF LOS ANGELES STREET,
NORTH 15° 32' 15" WEST IG035 FEET FROM 1TS INTERSECTION WITH THE
CENTEt<I.INE OP BALL ROAD, SAID CEr?TER LINES IIEING CONSTRUED TO BE
LOT LII~ES FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING
NORTH 15° 32' 15" WEST 257.50 FEET THEIJCE NORTH 74° 27' 45" EAST 300.00
PELT; THENCE PARALLEL WITH 5A1D LOS ANGELES STREET, SOUTH 5° 32' 15"
EAST TOT HE SAID CENTERLINE OP BALL ROAD; THENCE WESTERLY ALONG
SAID CENTERLINE TO THG SOUTHEASTERLY PROJ.ONGATION OF THE
IvORTIiEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO BERTHAN L.
PELLAK. ~T UX., RECORDED JiJNE 29; 1956 IN BOOK 3562, PAGE 216, OFFICIAL
RECORDS:THENCE
NORTH IS° 32' 15" WEST 237.40 FEET ALONG THE SAID NORTHEASTERLY LINE
AND ITS PROLONGATION 7 OT HE MOST NORTHERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE BANK OP AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION RECORDED DECEMBER 3, 1959-IN BOOK 4997 PAGE 57G,
OFFIC:[AL R~CORDS: THENCE SOUTH 74° 27' 45" WGST 278.8G FFET TOT HE
POINT OF BEGINNING.
EXCEPT THEREFROM T3iAT PORTION AS DESCRIBED IN THE DEED TO TEIE CI'fY
OP ATIAHEIM, RECORDED ON JUNE 15, 1995 AS 1NSTRUMENT N0. 95-0254772 OF
Of PICIAL RE~ORDS OF SAID COUNTY.
PC99-17
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE CITY
OF ANAHEIM, RECORDED ON NNE I5, 1995 AS INSTRLTMENT N0. 95-0254773 OF
OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID BALL ROAD
G0.00 FEET WIDE.
ALSO EXCEPT ALL WATER AIv'D UNDER SAID LAND.
SAID LAND IS INCLUDED W1THIN THE AREA SHOWN ON A h1AP FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ~JRr1NGE COLiNTY, IN BOOK 54,
PAGE 22, RECORDS OF SURV~Y.
PARCEL 4:
THAT PORTION OF LOT 25 OP ANAHEIM EXTENSION, IN THE CITY OF ANA~:F~i,'.,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHONN ON A P.4AP OF
SURVEY MADL BY WILLIAM HAML~T AND FILED 1N THE OFFICE OF THE
COUNTY RECORDLR UF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF
WHICH IS RECORDLD IN BOOK 3, PAGE 1G3, ET SEQ., ENTITLED LOS ANGELES
COUNTY MAPS, IN TfIE OFFIC~ OP THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, llESCRIBEG AS FOLLOWS:
BEGINNING AT'I'HE SOUTHWEST CORNER OF SAID LOT 25 (WHICH FOR THE
PURPOSES OF THIS DESCRIPTION, IS CONSTRUED TO BE THE CENTERLINE
INTERSECTION OF LOS ANGELES STREET (NOW KNOWN AS ANAHEIM BLVD.
AND BALL ROAD); THENCE NORTH 15° 32' 15" WLST ALONG THE 1~'EST LINE OF
SAID LOT 25, A DISTANCB OF 153.8G FEET; THENCE EASTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LII~TE OF SAID LOT 25, A DISTANCE OF 170.00 PEET;
THENCE SOUTH I S° 32' I S" EAST ALONG A LINE PRALLEL W1TH THE WEST LINE
OF SAID LOT 25, A DISTANCE OF 153.8G FGET; THENCE ~VESTERLY ALONG THE
SOUTH LING OF SAID LOT 25, TO TEIE TO THE POINT OF BEGINNING.
EaCEPT THEREFROM THAT PORTION AS DESCRIBED IN TI-IE DEGD TO THE CITY
OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT N0. 95-0254772 OF
OFFICIAL ItLCORDS OP SAID COUNTY.
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE CITY
OF ANAHEIM, RECORDED ON 7UNE 15, 1995 AS INSTRUMENT N0. 95-0254773 OF
OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT TIiE SOUTH 30 FEGT THEREOF.
PARCEL 5:
THAT PORTION OP LOT 25 OP ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OP ORAh'GE, STATE OP CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADL BY WILLIAM HAMEL, AND FILED IN THE OrFICE OF THE
COUNTY R~CORDER OF LOS ANGGLES COUNTY, CALIFORNIA, A COPY OF
WHICH IS R~CORDED IN BOOK 3, PAGGS 1 G3, ET SEQ. ENTITI,ED "LOS ANGELES
COUNTY MAPS", IN THB OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, DESCRIAED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25, SAID CORNER
FOR THE PURPOSE OP THIS DLSCRIPTION BEING CONSIDER~D TO BE TfIE
-3- PC99-17
INTERSECTIONS OP THE CEN'I'ERLINE OF LOS ANG~LES STREET AND BALL
ROAD, AND RUNNING THENC~ NORTH 15° 32' 15" WEST, ALONG THE
CENTERLINE OP SAID LOS ANGLLBS STREET, 160.35 FEET TO THE TRUE POINT
OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE
SOUTH IS° 32' 15" EAS1' G.49 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL
~VITH SAID CENTERLIPI~ OF BALL ROAD, 170.00 FEET TO THE WESTERLY LINE
OF THE LAND CONVEY;iD TO IIERT[tAM L. POLLACK AND WIPE BY DEED
RECORDED JUNE 29, 195G BOOK 35G2 PAGE 21G, OPFICIAL 1tECORDS, IN THE
OFFICE OF THG COUNTY RECORDER OF SAID ORANGE CCUNTY;'fHENCE
NORTH 15° 32' 15" WEST ALONG SAID WESTERLY LINE, 25.95 FEET TO THE
NORTHWEST COR,~iER THEREOF; THENCE NOR'fH 74°27" 45" EAST ALONG Tf-IE
NORTHERLY L1NE OF SAID LAND. 115.00 FEET TO THE NORTHEAST CORNER
1'HGREOF; TtIENCE NORTH IS° 32' 15" WEST ALONG THC NORTHERLY
PROLONGATION OP THE EASTERLY LINE OF SAID LAND. 25.79 FLET TO AN
INTERSECTION WITH A LINE WfiICH BEARS NORTH 74° 27' 45" WEST FROM THE
TRUL TO THE POINT OF BEGINNING; THENCE SOUTH 74° 32' 45" WEST 278.86
FEET TO TH~ TRUE TO THE POINT OP BEGINNItv'G.
EXCEY'I' THEREFROM TIiAT PORTION AS DES(;12~3EU IN THE DEED TO THE CITY
OF ANAHEIM, RECORDED ON NNE 15, 1995 AS INSTRUMENT N0. 95-0254772 OF
OFFICIAL RECORDS OF SAID COUNTY.
PARCEL G:
THAT P~RTION OP LOT 25 OP ANAHEIM LXTENSION, IN THE CITY OF ANAHEII~4,
COUNTY OF ORANGE, STATG OF CALIFORNIA, AS SHOWN ON A MAY THEREOF
MADE IIY ~VILLIAM HAMGL AND FILED FOR RECORD IN THE OFFICE OF TH~
COUNTY RECOR.DER OF LOS ANGELES COUNTY, CALIPORNIA DESCRIBGD kS
FOLLOWS:
BEGINNING AT A POIIvT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT
THEItEON 170.00 FLET EASTGRLY FROM Tf3E SOUTHIVEST CORNER THEREOF,
SAID SOUTHWEST CORNER BGIir'G THE INTERSECTION OF THL CENTERLINF. OF
THE STREET, G0.00 FGGT IN WIDTEI, ~OW KNOWN AS BALL ROAD, ADJOINING
SAID LOT ON THE SOUTH, WITH THE CENTERLINE OF THE STREGT, G0.00 FEET
IN WIDTEI, A'OW KNOVVN AS LOS ANGL'LES STRE6T, ADJOINING SAID LOT ON
THL WEST AND RUNNING THENCC Iv'ORTH 15° 32' 15" WEST, PARALLEL WITH
SAID WGST L[NE, L179.81 FGET; THENCE T`ORTH 7S° 27' 45" EAST 115.00 FEEf;
THENCE SOUTH 15° 32' I S" EAST 211.G FEET TO THE CENTERLINE OF SAID IIALL
ROAD: TEIENCE WESTERLY ALONG SAID CENTCP~LINE, 11932 FLET TO THE
POINT OF BCG[NNING.
EXCEPT THEREPROM Tf~IAT PORTION AS DESCRIBED IN THE DEED TO THE C1TY
OP ANAI•fEIM, RECORDED ON NNC 1 S, 1995 AS INSTRUM~NT NO. 95-0254773 OF
OtrICIAL RECORDS OF SAID COUNTY.
EXCLPT THEREI'ROb1 THE SOU'I'HERLY 50.00 FEET LYING WITHIN BALL ROAD.
WHEREAS, the City Planning Commission of the City Of Anaheim did hold a public heari~g at
the Civic Center in the City of Anaheim on January 20, 1999, at 1:30 p.m., notice of said public hearing having
been duly given as required Resolution No. 95R-134 and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of
public convenience or necessity for an alcoholic beverage control license to investigate and make findings
and recommendations in connection therewith; and that s2~d hearing was continued from the December 21,
1998 and January 4, 1999 Planning Commission meetings; and
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~iVHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence a~~d reports offered at said hearing, does find and
determine the following facts:
1. That the Anaheirr~ Police Department indicated that an additional ABC Iicense in the underlying Census
Tract N~. 874.02 would create an undue over-concentration of licenses in this area (6 permitted, 11
currently issued); and, furlher, that tho subject property is iocated within a reporting district which has a
crime rate 218% above the City average.
2. That the Community Development rec~:mmended denial of this requesY based on the goals of the
Redevelopment Plan and the underlying Anaheim Commercialllndustrial Red9veiopment Project.
3. That the petitioner has not damonstrated that this request would serve to benefit the public in terms of
convenience or necessity.
4. That no one spoke in opposition to the proposal at the pubiic hearing and no correspondence was
received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Pfannin~
Commission has reviewed the proposal to determine public convenience or necessity for retail sales of beer
and wine for off-premises consumption in conjunction with a service station and convenience market and
integrated fast food restaurant with a drive-through lane on a 1.49-acre irreguiarly-shaped property located at
the northeast corner of Anaheim Boulevard and Ball Road and having frontages of 228 feet on the east s~!~ Gf
Anaheim Boulevard and 230 feel on the north side Ball Road (1120-1150 South Anaheim Boulevard); and
does hereby approve the Negative Declaration upon finding that the dectaration reflects the independent
judgment of the lead agency and that it has considered the Negative Declaration t~gether with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that lhere is no substantiai evidence that the project will have a significant effect an lhe
environmenE.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby determine that lhe public convenience or necessity will not be served by the issuance of an alcohol
beverage (ABC) license at this Iocation.
THE FOREGOING RESOLUTIO~V ~s opt d~al t lanning Commission me,eting of
January 2C, 1999. ` (
_ ~
CHAf. , AHEIM CITY PLANNING COMMISSION
ATTEST:
~LGae~1%al~,v~~J 1~0~
SECRETARY, AHEIM CITY PLANNING COMMISSION
-S- PC99-17
~
STATE C)F CALIFORNfA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on January 20, 1999, by tha following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, LNILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
`J~D~~ 1999.
/ L~O~
~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
-~- PC99-17