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Resolution-PC 2002-11. ~~ RESOLUTION NO. PC2002-11 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00002 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT 985 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 governing body pursuant to applicable provisions of the California Business and Professions Code, and 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 served by the issuance of a license; and WHEREAS, the Anaheim City Planning Commission did receive an application for a Determination of Public Convenience or Necessity to allow the retail sales of beer and wine for off-premises consumption within an existing convenience market on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: '~~ THE EAST 190:00 ~€ET OF THE SOUTH 2O0.UO FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORED IN BOOK 51, PAGE 11, OF MISCELLANEOUS MAPS, IN OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 5, 1951 IN BOOK 2153, PAGE 250 OF OFFICIAL RECORDS. WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 14, 2002, 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 fherewith; and WHEREAS, the 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 following facts: ~. Tha# the Anaheinn Pol9ce Department indicatss a significant above-average crirne rate {227 percent above the City average) for the Reporting District for the property and has received 30 calls for service for this property since December 19, 2000. The high crime rate in this area was one of the principal reasons that led to the creation of the West Anaheim Commercial Corridors Redevelopment Project Area. 2. That the petitioner has not demonstrated that this request would serve to benefit the public in terms of convenience or necessity. There are other establishments in the vicinity that already sell beer and wine for off-premises consumption. CR5281 DM.doc - 1 - PC2002-11 • ~ 3. That the combination of off-premises sales of beer and wine and the existing high crime rate may be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim due to this location's proximity to residential neighborhoods to the west and southwest. 4. That the Anaheim Police Department provided testimony at the public hearing regarding the negative secondary effects of alcohol and crime. 5. That no one spoke in opposition and one person spoke in favor at the public hearing and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to determine public convenience or necessity and has determined that the project is Categorically Exempt under Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. 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 for 985 South Beach Boulevard (PK Beer and Wine Market). THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January t4, 2002. ~ -~' ~./~ /1~~~ CHAIRPERS , ANAHEIM CI LANNING COMMISSION ATTEST: ,~-~- ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 January 14, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: BOYDSTUN ASSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~- S~ day of , 2002. SECRETARY, ANAH IM CITY PLANNING COMMISSION - 2 - PC2002-11