Resolution-PC 99-206RESOLUTION N0. PC99-206
A RESOLUTION OP THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 99-06
FOR AN ALCOHOLIC BEVERAGE CdNTROL LICENSE
AT 1881 WEST BALL ROAD
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 r.ecessity" on those certain applications requiring that such determination be made by
the local governing body pursuant to applicable provisions of the Califomia Business and Professions Code,
and prior to the issuance of a license by the Depa~tment 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 8censes, except when an apnlicant has
demonstrated that the public convenience or necessity woutd be served by the issuance of a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for
a Determination of Public Convenience or Necessity to on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THE SOUTH 178.00 FEET OF THE WEST 182.00 FEET OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP
4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the Ciry Planning Commission of the City Of Anaheim did hold a public hearing at
the Civic Center in the City of Anahefm on November 22, 1999, at 1:30 p.m., notice of said public hearing
having been duly given as required Resotution 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
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does fird and
determine the following facts:
1. That this request was filed in conjunction with Conditional Use Permit No. 4159 (to permit
conversion of a 1,471 sq.ft, vacant service station into a convenience market with sale of beer and wine for
off-premises consumption); and that said use permit was approved, in part, denying the proposed retail sale
of beer and wine for off-premises consumption.
2. That an additional ABC license in the underlying Census Tract No. 871.03 wouid create an
undue over-concentration of licenses in this area (4 permitted, 11 currently issued); and, further, that the
property is located within a reporting district which has a crime rate 60% above the City average.
3. That relocation of a liquor license in this Census tract to the proposed cor~~en(ence market,
which is located adjacent to singie-family residences to the west, would not be beneficial to the neighborhood
or to crime deterrent efforts.
4. That the petit!oner has not demonstrated tha! this request would seroe to benefit the public in
terms of convenience or necessity.
CR3815PK.DOC -1- PC99-208
5. ':'hat eight people spoke at the public hearing in opposition of the proposal; and that no
conespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Maheim City Planning
Commission has reviewed the proposal to determine whether the public convenience or necessity would be
served by ihe retail sale of beer and wine for off-premises con~umption at a proposed convenience markat on
a rectangularly-shaped 0.43 acre property located at the northeast comer of Ball Road and Nutwood Street,
having frontages of 150 feet on the north side of Ball Road and 125 feet on the east side of Nutwood Street,
and further described as 1881 West Ball Road (Th7fty Oit); and does hereby approve the NegaGve
Declaration upon fir~ding that the declaration i~flects the independent judgment of the lead agency and that it
has considered the Negative Deciaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantiat evidence that the project will have a significant effect on the environment .
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by the issuance of an alcoholic
beverage ("ABC") license at 1881 West Bail Road.
THE FOREGOING RESOLUTION was ado d at the Planning Commission meeting of
November 22, 1999.
CHAIR S N PRO TEMPORE,
ANAH CITY PLANNING COMMISSION
AITEST:
l.:d'V ~
3ECRETA , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregofng resolution was passed and adopted at a meetlng of the Anahefm City Pianning Commission held
on November 22, 1999,1by the foltowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBiLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSI'UN
IN WITNESS WHEREOF, I have hereunto set my hand this l0~' day of
~~_, 1999. ,
gLUwlw ~G~J~
• SEC AR ANAHEiM CITY PLANNING COMMISSION
CR38~ 5PK.DOC -2- PC99-206