Resolution-PC 2007-17• •
RESOLUTION NO. PC2007-17
A RESOLUTIQN OF THE ANAHEIM PLANNING COMMISSION '
THAT PETITION FOR PUBLIC GONVENIENCE OR NECESSITY NO. 2007-00032 BE QENIED
(2629 WEST LINCOLN AVENUE)'
WMEREAS, pursuant to applicable provisions of the BusinesS and Professions
Code, the Department of Alcoholic Beverage Cpntrol (the "Department") is charged with the
responsibility of reviewing applications and issuance of licenses ("licenses") for the sale and/or
manufacture of alcoholic beverages in'the State of California; and
WHEREAS, Section 23958 of theBusiness and Professions Code provides that
the Department 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 as provided in Section 23958.4 of said Business and Professions Code; and
WHEREAS, Section 23958.4 of the Business and'Professions Code provides that,
notwithstanding the limitations of Section 23958, the Department shall issue a license if the
applicant shows that public convenience or necessity would be served by the issuance of such
license; and
WHEREAS, said Section 23958.4 further provides that the determination of "public
convenience or necessity" shall be made by the pepartment with regard to certain applications, '
and shafl be made by the local governing body of the area in which the appficant premises'are
located with regard to certain other applications; and
WHEREAS, as a local governing body within the meaning of said Section 23958.4
of the Business and Professions Code, the City Council of the City of Anaheim (hereinafter the
"City Council") has heretofore adopted Anaheim City Council Resolution No. 95R-134 delegating
determinations regarding "public convenience or necessity" which determinations are otherwise
within the authority of the City Council to the Planning Commission of the City of Anaheim, and
establishing procedures for the processing of such determinations, including the appeal of such
determinations to the City Council, and providing for certain other procedural matters concerning
the review and issuance of such licenses by the Department; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic
beverages for off-premises consumption for certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1: THE SOUTH 223.00 FEET OF THE SOUTH 5 ACRES OF TME EAST ONE
tiALF OF THE SOUTHEAST ONE QUARTER pF THE SOUTHEAST ONE QUARTER
OF SECTION 12, TOWNSHIP 4; SOUTH, RANGE 11 WEST IN THE RANCHO LAS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA.
EXCEPTING THEREFROM THE EASTERLY 400.00 FEET.
ALSO EXCEPTING THEREFROM THE SOUTHERLY 40.00 FEET.
ALSO EXCEPTING THEREFROM, TMAT PqRTION OF SAID LAND THAT LIES
NORTHWESTERLY QF A LINE TMAT IS PARALLEL AND CONCENTRIC WITM, AND
DISTANT 30, 50 FEET SOU7HEASTERIY OF A LINE DESCRIBED AS FOLLOWS:
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COMMENCING AT THE CENTERLINE, INTERSECTION OF LINCOLN AND
MAGNOLIA AyENUES IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
: INTERSECTIpN iS'SHOWN IN COUNTY SURVEYOR'S TRANSIT BOOI~ 108; PAGE
49 ON FILE IN THE OFFICE OFTHE COUNTY SERV~YOR.OF SAID COUNTY ON
NOVEMBER 13, 1957; THENCE SOUTM 89°25' 10" WESTALpNG SAID LINCOLN
AVENUE CENTERLINE 676:64 FEET TO THE TRUE POINT OF BEGINNING OF THE
LINE TO BE DESCRIBED (SAID TRUE POINT OF BEGINNING ALSO BEING
DISTANT THEREON NORTH 89° 25' 10". EAST, 1981.09 FEET FROM TME ''
CENTERLINE-0F DALE STREET AS SHQWN IN SAID TRANSITBOOK 108 PAGE
49 ON NOVEMBER 13,1957) ; THENCE FROM SAID TRUE POINT OF BEGINNING '
NORTH 13° 25' 10" EAST 51.60 FEET TO THE BEGINNING OF A CURVE
TANGENT, CONCAVE SOUTHEASTERLYAND HAVING A RADIUS OF 1000.00
FEEl'; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 27'
17° ARC DISTANCE OF 636.25 FEET TO A LINE TANGENT; THENCE NORTM 49°
52' 27" EAST 430.49 FEET Tp A POINT IN THE CENTERLINE OF MAGNOLIA
AVENUE AS SAID CENTERLINE IS SMOWN IN COUNTY SURVEYOR'S 7RANSIT
BOOK 108, PAGE 54 ON FILE IN THE OFFICE OF THE COUNTY SURVEYORS OF
SAID COIJNTY ON NOVEMBER 14, 1957; SAID POINT BEING DISTANT THEREON
NORTH 0° 29' 10" WEST, 853.35 FEET FROM THE CENTERLINE OF LINCOLN
AVENUE AS SHOWN IN SAID TRANSIT BOOK 108, PAGE 54 ON NOVEMBER 14,
1957 AND ALSO BEING DISTANT TMEREON SOUTH 0° 29' 10" EAST 1803.07 FEET
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FROM l"HE CENTERLINE OF CRESCENT AVENUE AND SHOWN IN SAIp TRANSIT
BOOK 108,PAGE 54 ON NOVEMBER 14, 1957, AS GRANTED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED OCTOBER 30, 1959
IN BOOK 4952, PAGE 291, OF OFFICIAL. F2ECORDS.
PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER TME WEST 37.74
FEET OF TME EAST 400.00 FEET OF THE NORTH 50.00 FEET OF THE SOUTM
90.00 FEET OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF THE
SOUTMEAST ONE QUARTER OF THE SOUTHEAST ON QUARTER OF SECTION
12, TOWNSHIP 4 SOUTH, F~ANGE 11 WEST IN THE RANCHO LAS COYOTES, W
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 5T, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 5, 2007, at 2:30 p.m., notice of said public hearing having been
duly given as required by law, under 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 and to
investigate and make findings and recommendations in connection therewith; and
WMEREAS, 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:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim that the public convenience and necessity would not be served by the issuance of a
license by the Departmenf as requested in the application for the following reasons:
1. The premises is developed with a 5,724 square foot building used as a convenience
market, in the City of Anaheim, California, and is located in the Commercial, General ("GG")
Zone of the City of Anaheim; and
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2. TMe owner or operator of the premises proposes to'obtain a Type 21-Off-Sale
General ABClicense forthe sale of "h~rd" alcoholic beverages for off-premise consumption in
addition to the sale ofbeer and wine for off-premise consumption which is currently authorized
pursuant to an existing Type 20 license for tMe premises; and
~. 7he premises is located in a geographical area which would allow up to four off-sale
retail licenses pursuant to the provisions 'of Section 23958.4 of the Business and Professions
Code of the State of California; and
4: ~ive off-sale retail licenses currently exist in the geographical area in which the
premises is located, four of which licenses are for Type 21- Off-Sale General Licenses with the
closest Iocated at 2701 W.Lincoln Avenue, 670 feet west of the subject site; and
5. The reporting district in which the premises is located has a 100 percent greater
number of reported crimes, as defined in'subdivision (c) of Section 23958.4 of the Business and
Professions Code, than the aVerage number of reported crimes as determined from all crime
reporting districts within the City of Anaheim; and -
G. The proposed license is not necessary since the area is already adequately'served
with Type 21 Licensed premises which conveniently serve the public, and the existing store has
an existing Type 20 License for off-sale of beer and wine.
BE IT FURTHER RESOLV~D that, for the reasons hereinabove set forth, said
application to determine that the public convenience or necessity would be serVed by the
approval of said license is hereby denied.
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 conditions hereinabove set forth. Should any such condition, or anypart
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case app{ication within 15 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 or the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of March 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Munici I Code pertaining to ap I procedures
and may be replaced by a City Council Resolutio~a-'~ ve t of an a~~~~
, ANAHEIM PLANNING COMMISSION
ATTEST:
c
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SENIOR SECRETARY, ANAHEIM PLANNING~COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAMEIM } ' .
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do
hereby certify thatthe foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on March 5, 2007, by the following vote of the members thereof:
~1YES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO
~JOES: COMMfSSIONERS: FLORES; KARAKI
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF,J have hereunto set my hand this v~-dT'~' day of
G ~ ~ 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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