Resolution-PC 99-39RESOLUTION NO. PC99-39
A RESOLUTION OF THE ANAHEIM CITY PI.ANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 99-03
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 727 SOUTH EAST STf2EET (ARCO SERVICE STATION)
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 governing body pursuant to apFlicable provisior~s of the California Business and Professions Code,
and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"); dnd
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 ar add to an ur.due 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 Anaheim did receive an application for
a Determination of Public Convenience or Necessity to on r,ertain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THE EASTERLY 130.00 FEET OF THAT PORTION OF VINEYARD LOT H-1, AS
PER MAP RECOF:~ED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIEED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT H-1, SAID
SOUTHEAST CORNER E3EING THE INTERSECTION OF THE WESTERLY LINE
OF EAST STREET, 66.00 FEET WIDE, AND THE NORTHERLY LINE OF SOUTH
STREET, 24.75 FEET WIDE, AS SHOWN ON SAID MAP; THENCE NORTH 15
DEG. 30' 00" WEST 162.99 FEE7 ALONG THE WESTERLY LINE OF SAID ~AST
STREET TO THE SOUTHEAST CORNER OF LAND DESCRIBEQ IN A DEED TO
E.D. JOHNSON AND COMPANY, RECQRDED AUGUST 21, 1957 IN BOOK 4012,
PAGE 322 OF OFFICIAL RECORDS; THENCE SOUTH 74 DEG. 22' 35" 'NEBT
331.16 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF E.G. JQHNSON
AND COMPANY TQ THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO
THE CITY OF ANAHEIM, RECORDED MAY 17, 1954 IN BOOK 2729, PAG[ 208
OF OFFICIAL RECORDS; THENCE SOUTH 15 DEG. 30' 31" EP.ST 163.15 FEET
ALONG SAID EASTERLY i.INE TO THE SOUTHERLY LINE OF SAID LOT H-1,
THENCE NORTH 74 DEG. 21' 04" EAST 331.14 FEET TG THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission of the City Qf Anaheim did hold a public hearing at
the Civic Center in the City of Anaheim on March 1, 1999, at 1:30 p.m., notice of said public hearing having
been duly ~~` ^n 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 Iicense to investigaie and make findings
and recommendations in connection therewith; and
'+NHEP.EAS, 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 find and
determine the fol~owing facts:
1, That the petitioner requests a determination of Public Convenience or Necessity to allow the
retail sales of beer and wine for off-premises consumption within a proposed convenience market in
cort;~nction with a service station at 727 South East Street.
GR3574MS.DOC -1- PC99-39
2. That Conditional Use Permft No. 4103, processed concurrently with this request, to permit off-
sale beer and wine at a proposed convenier~ce market in conjunction with a service station was denied by the
Planning Cammission.
3. l'ha4 an additional ABC license in the Census Tract ~lo. 863.01 underlying subject property
would create an ur~Ge over-concentration of licenses in this area (4 perrnitted, 4 currently issued).
4. That this re~uest is incompatible with the goals and objeci~ves of the Redeveiopment Plan.
5. That thc petition~r did i~~t d~:monstrate that this request would serve to benefit the public in
terms of convenience or n~cessity.
6. That three (3) paor;e spok6 ~iz o~+~osition to tha proposal at the public hearing and that
corr~spondencz w~+s received in o;:positior~.
r,.11 lFURNIA ENVIR(?NMEFjI'AL C:UALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the nroposal !o de4.e.~ine the Public Convenience or Necessity to allow the retail
sale of beer and wine for off-premises consumption in a proposed convenience market in connection with a
service station on a rectangularly-shaped 0.49-acre property located at the north~vest corner of South Street
and East Street, having fronta~es of i 30 feet on the north side of South Street and 1E3 feet on the west side
of East Street, and further described as 727 South Fast Street (Arco service statien); and does hereby deny
the Negative ~eclaration upe~i finding that the declaration reflects the independent judgment of the lead
agency and tnat it has considered the Negative Declaration together with any comments received during the
public review process and 'rurther finding on the basis of the initial study and any comments received that
there is substantiai evidence that the project will have a signif•r:a~;~ effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plan~~ing Commission does
hereby determine tliat the public convenience or necessity will not be served by issuance of a Type 20 ABC
license for retail sale of beer and wine for off-premises consumption at this location (727 South East Street)
on the basis of the aforementioned findings.
THE FOREGO!NG RESOLUTION was, adopted at the Planning Commission meeting of
March 1, 1999. f;~: ' + /, ;!! :) .~. ._
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CHAIRPERSON PRO-TEMPORE I
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
i2U.~~.~c) ~DeoR~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CdUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary ofi the Anaheim City i'lanning Commission, do hereby cer;;;y that
the foregoing resolution was passed and ado~ted at a meeting of the Anaheim City Planning Commiss(an held
on March 1, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EtOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 1999. ~~,~A'~~~ ~^~~ ~,. _ 1
ua<.et o~(Jl`~(.6~
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
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