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Resolution-PC 99-215RESOLUTION NO. PC99-215 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION CONDITIONLLY MAKING A DETERMINATION OF PUBLIC CONVENIENC~ OR NECESSITY NO. 99-07 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT 500-528 SOUTH BEACH 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 made by the local go~erning body pursuant to appiicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Controi (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 served by the issuance of a license; and WHEREAS, the City Planning Commission of the City of Anahpim did receive an application for a Determination of Public Convenience or Necessity on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE WEST 330 FEET OF THE SOUTH 396 FEET OF THE 50UTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4, SOUTH, RANGE 11 WEST, I~! THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE WEST 227 FEET. ALSO EXCEPTING THEREFROM THE WEST 92 FEET. PARCEL 2: THE SOUTH 175 FEET OF THE WEST 227 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7, AND FULLOWING, MISCELLANEOUS M1AAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTING TiiEREFROM THE WESTERLY 92.00 FEET AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 26, 1951 IN BOOK 2205, PAGE 512, OFFICIAL RECORDS. WHEREAS, the City Planning Commission of the City Of Anaheim did hotd a public hearing at the Civic Center in the City of Anaheim on December 6, 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 Municipai Code, Chspter 18.03, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcohnlic beverage control license to investigate and make findings and recommendations in connection therewith; and CR3833PK.DOC -l- PC99-215 ~ 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 and and determine the following facts: 1. That this request was filed in conjunction with Conditional Use Permit No. 4155, which was approved by the Planning Commission io permit a commercial retail center, including a drug store with drive- through lane and sale af alcoholic beverages for off-premises consumption, and to retain an existing convenience market with sales of beer and wine for off-premises consumption, and with waivers. 2. That this request is approved to permit one (1) additional ABC license until October 1, 2001 when the lease for the convenience market with the sale of beer and wine expires; and that thereafter oniy one (1) ABC license for off-premisPS consumption shali be permitted in this commercial retail center. 3. That no one spoke in opposition to the proposai at the public hearing; an`' t~;~t no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIIvG: That the Anaheim City Planning Commission has reviewed the proposai to determine whether the public convenience or necessity would be served by the retail sale of beer and wine and by the retai! sale of alcoholic beverages for off-premises consumption at two business within a commercial retail on a rectangularly-shaped 1.91-acre property located at the northeast corner of Orange Avenue and Beach Boulevard, having frontages of 238 feet on the north side of Orange Avenue and 351 feet on the east side of Beach Boulevard, and further described as 500 - 528 South Beach Boulevard; and does hereby approve !'' '~gative Declaration upon finding that the declaration reflects the independent judgment of the lead agenc; : that it has considered the Negative Declaration together with any comments received during the publio review process and further finding on the basis of the initial study and any comments received that there is no substantial 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 approve Determination of Public Convenience cr Necessity No. 99-07 for a second ABC license at this commercial retail center until October 1, 2001, includin~ the following: That this commercial retail center shall be permitted to have two (2) Alcoholic Beverage Control (ABC) licenses, one (1) to permit the sale of alcoholic beverages for off-premises consumption and one (1) to permit the sale of beer and wine for off-premises consumption until the expiration of the convenience market lease on October 1, 2001. After that date, only one (1) ABC license shall be permitted within this commercial retail center for the sale of either alcoholic beverages or beer and wine for off-premises consumption. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 6, 1999. CHAI P N PR TEMPORE, ANAHE CITY PLANNING COMMISSION ATTEST: C ~ ~~ S RET , ANAHEIM CITY PLANNING COMMISSION CR3833PK.DOC -2- PC99-215 ;~ i STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby ce~tify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planniny Commission held on December 6, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunt~ set my hand this ~~ day of __ t~ 2000. ~~ SEC ETAR , ANAHEIM CITY PLAWNING COMMISSION CR3833PK.DOC -3- PC99-215'.