Resolution-PC 2005-148~ ~
RESOLUTION NO. PC2005-148 ' -
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00021
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
: ' AT 2916 WEST'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 theBusiness and Professions Code, and prior#o the
issuance of a license by the Department of Alcoholic Beverage'Control,(ABC); and
WHEREAS, Section 23958 of the Susiness and Professions Code provides that the ABC shall
deny an application fior a license if issuance of that license would tend #o 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; antl
W HEREAS, the Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises
consumption within a previously-approved nightclub on certain real property situated in the City of Anaheim,
County of Orange; State of California, described as:
PARCEL 1: THE WESTERLY 89.30 FEET OF THE SOUTHERLY 239..00 FEET OF THE
NORTHERLY 305.00 FEET AND THE EASTERLY 3.00 fEET OF 7HE WESTERLY 92.30
FEET OF THE SOUTHERLY 139.00 FEET OF THE NORTHERLY 305.00 FEET OF THAT
PORTION OF THE NORTHWEST QUAR7ER AF SECTION 13, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 DISTANT NORTH '
89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE
SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID, POINTBEING
DISTANT NORTH 89° 37' 50" 1162.58 FEET FROM THE 1NTERSECTION OF SAID SOUl'H
LINE WITH THE WEST LINE OF SAID SECTION; THENCE SOUTH 89° 37':30" WEST
184.58 FEE7 ALONG SAID SOUTH LINE; THENCE NORTH 0° 10' 15" WEST 1338.43 FEET
PARALLEL WITH THE WEST LINE OF SAID SECTION TO THE NORTH LINE THEREOF;
THENCE NORTH 89° 41' 15" EAST 184.30 FEET T0 THE POIN7 OF BEGINNING.
PARCEL 2: THE SOUTHERLY 91.00 FEET OF THE NORTHERLY 396.00 FEET OF THE
WESTERLY 92.30 FEET OF THAT PORTION OF THE NORTHWESl". QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST,1N THE RANCHO LOS COYOTES,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, `
RECORDS OF ORANGE COUNTY, CALIFORNIA AS FOLLOWS;
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 DISTANT NORTH
89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE
SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING
DISTANT NORTH 89° 3T 50" 1162.58 FEET FROM THE INTERSECTION OF SAID SOUTH
LINE WITH THE WEST LINE OF SAID SECTION; THENCE SOUTH 89° 37' 3,0" WEST
184.58FEET ALONG SAID SOUTH LINE; THENCE NORTH 0°10' 15" WEST 1338.43 FEET
Cr1PC2005-9 48 -1- PC2005-148
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PARALLEL WITH THE WEST LINE OF SAID SECTION 70 THE NOR7H LINE THEREOF;
7HENCE NORTH 89° 41' 15" EAST 184.30 FEET TO THEPOINTOF BEGINNING.
EXCEPTING FROM SAID SOUTHERLY 91.00 FEET, THAT PORTION INCLUDING WITHIN
TRACTNO. 5090, AS SHOWN ON A MAP RECORDED' W BOOK 188, PAGES 9 AND 10
0F SAID MISCELLANEOUS MAPS.
WHEREAS, the Planning Commission of the City Of Anaheim'did hold a public hearing at the
Civic Center in #he City of Anaheim on August 8; 2005, at 2:30 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 18.60 "Procedures", 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 said public hearing was continued to the August 22, and
September 7, 2005 Planning Commission meetings; and
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within fhe definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement #o prepare additional environmental documentation.
NOW THEREFORE BE'1T: RESOLVED that the Planning Commission does hereby determine that the
public conyenience or necessity will be served by the issuance of a license forPublic'Convenience Or Necessity
No. 2005-00021, at this location based on the following: `
1. That the determination of public convenience or necessity would be served based on the unique
nature of this business.
2. That this nightclub is operating in a manner that is not detrimental to the particular area and
surrounding land uses, to the public peace, health, safety and general welfare:
3. That 2 people spoke in opposition at the public hearing and no correspondence was received in
opposition.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all
of the findings fiereinabove set forth.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in
the issuance of required permits o~ the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be repfaced by a City uncil Resolution in the event
of an appeaL
` _.
CHAIRMAN PRO TEMPORE, A IM PLANNING COMMISSION
ATTEST:
~/ ( ^-~4~1'_~/ ~~~/1~~~ . .. . . . . . .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) .
COUNTY OF ORANGE ) ss. `
CITY OF'ANAHEtM` )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting.of the Anaheim Planning Commission held on
Sepfember 7, 2005,'by the following vote of the members thereof: .
- AYES: ' COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of I'lJ0 / t t~ ~ t r,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNINGCOMMISSION
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