Resolution-PC 2002-28• ~
RESOLUTION NO. PC2002-28
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00005
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1287-A EAST LINCOLN AVENUE
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 City Planning Commission of the City of Anaheim did receive an application for
a Determination of Public Convenience or Necessity for 1287-A East Lincoln Avenue located on certain real
property situated in the City of Anaheim, County of Orange, State of California, described as:
PARCEL 1: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION, AS
SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK PAGE 163 ET.SEQ.
ENTITLED "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS
BEGINNING AT A POITN ON THE CENTERLINE OF CENTER STREET,
NORTH 74 37' 25" EAST 770.13 FEET FROM THE CENTERLINE OF EAST
STREET, AS SAID STREETS ARE SHOWN ON SAID MAP; THENCE NORTH
74 37' 25" EAST 180.00 FEET ALONG SAID CENTERLINE OF CENTER
STREET; THENCE NORTH 15 24' 15" WEST 480.00 FEET PARALLEL WITH
SAID CENTERLINE OF EAST STREET TO THE SOUTH LINE OF THE LAND
DESCRIBED IN THE DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF
ANAHEIM; RECORDED JUNE 30, 1961, IN BOOK 5770 PAGE 813 OF
OFFICIAL RECORDS; THENCE SOUTH 74 37' 25" WEST 180.00 FEET ALONG
SAID SOUTH LINE TO A LINE PARALLEL WITH SAID CENTERLINE OF EAST
STREET WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE
SOUTH 15 24' 15" EAST 480.00 FEET ALONG SAID PARALLEL LLINE TO THE
POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA
SHOWN ON A MAP IN BOOK 28 PAGE 22 OF RECORD OF SURVEYS.
WHEREAS, the City Planning Commission of the City Of Anaheim did hold a public hearing at
the Civic Center in the City of Anaheim on February 25, 2002, at 1:30 p.rn., 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 the hearing was continued from the
February 11, 2002 meeting; 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 find and
determine the following facts:
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1. That the proposed use is hereby denied on the basis that such use would adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located because
the underlying Reporting District has a crime rate which is 134% above the average for the City of Anaheim.
2. That the combination of off-premises sale of alcoholic beverages and the existing high crime
rate, in addition to this property's proximiry to residential neighborhoods and an elementary school, would be
detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission determined that pursuant to Section 15061(b)(3), the proposed project is exempt from the
requirement to prepare an environmental impact report ("EIR") an defined in the State of California EIR
Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity would not be served by the issuance of a license
for Mama's Mini Mart located at 1287-A East Lincoln Avenue based on the foregoing findings and on the
following:
That the petitioner has not demonstrated that this request would serve to benefit the public in terms of
convenience or necessity; and that existing establishments in the vicinity already sell alcoholic
beverages for off-premises consumption.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 25, 2002.
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CHAIRPER N, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~~.L.~ ~ ,..__ ~~
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 February 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWlCK, BOYDSTUN, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this /Z T--~ day of
~C , 2002.
"T~Q!~~i12 ~-W
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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