Loading...
Resolution-PC 2003-17• • RESOLUTION NO. PC2003-17 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009 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 Controt (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 to 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, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE - C~UN~ REEORD€f~ OF -0~2AN~E C- OUN.TY, CALIFORN.IA,IIESCRIBED AS_FOLLOWS: _ BEGINNING AT A POINT ON THE CENTERLINE OF CENTER STREET, AS SHOWN ON SAID MAP DISTANT NORTH 74° 37' 25" EAST 770.13 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF EAST STREET, AS SHOWN ON SAID MAP; THENCE NORTH 74° 37' 25" EAST ALONG CENTERLINE OF CENTER STREET, 180.00 FEET; THENCE NORTH 15° 24' 15" WEST PARALLEL WITH SAID CENTERLINE OF EAST STREET; 480.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN A 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 ALONG SAID SOUTHERLY LINE OF THE LAND OF ZION EVANGELICAL LUTHERAN CHURCH, 180.00 FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF EAST STREET AND PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTH 15° 24' 15" EAST ALONG SAID PARALLEL LINE 480.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOTS 4 AND 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY OF WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF EAST STREET, 66.00 FEET IN WIDTH, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 22 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, WITH A LINE PARALLEL WITH AND DISTANTNORTHERLY 450.00 FEET, MEASURED AT RIGHT ANGELS FROM THE CENTERLINE OF CENTER STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 74° 37' 25" EAST ALONG SAID PARALLEL LINE 1060.00 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTH 15° 27' 55" EAST ALONG SAID EASTERLY LINE OF LOT 4, A DISTANCE OF 400.00 FEET TO THE NORTHERLY LINE OF SAID CENTER STREET; THENCE NORTH 74° 37' 25" EAST ALONG SAID NORTHERLY LINE OF CENTER STREET, 24.29 FEET TO A LINE PARALLEL WITH AND DISTANT 24.29 FEET EASTERLY (MEASURED ALONG TNE SOUTHERLY LINE) FROM THE WESTERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF CR\PC2003-017 -1- PC2003-17 • • ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF OFFlCIAL RECORDS; THENCE SOUTH 74° 37' 25" WEST ALONG THE SOUTHERLY LINE OF SAID LAND OF ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, 1084.89 FEET TO SAID EASTERLY LINE OF EAST STREET; THENCE SOUTH 15° 24' 15" EAST ALONG SAID EASTERLY LINE, 30.00 FEET TO THE POINT OF BEGINNING. 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 January 27, 2003, 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 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 find and determine the following facts: 1. That the petitioner has not demonstrated that this request would serve to benefit the public in terms of convenience or necessity due to the proximity of an existing business that sells beer and wine for off-premises consumption. 2. That due to the high crime rate within the Reporting District permitting an additional alcohol establishment could contribute to a further increase in calls for service and crime. 3.. That one person spoke in opposition at the public hearing and no correspondence was r~ceivect in o~position. - _ _ 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 will not be served by the issuance of a license for Determation of Public Convenience & Necessity No. 2002-00009 at the location based on the following: 1. That the petitioner has not demonstrated that this request would serve to benefit the public in terms of convenience or necessity due to the proximity of an existing business that sells beer and wine for off-premises consumption. 2. That due to the high crime rate within the Reporting District permitting an additional alcohol establishment could contribute to a further increase in calls for service and crime. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 27, 2003. CH ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2003-17 • • I, Eleanor Morris, Senior 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 27, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN NOES: COMMISSIONERS: VANDERBILT ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO '~ IN W ITNESS W HEREOF, I have hereunto set my hand this ~ s day of r u c r,~ 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-17