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Resolution-PC 2004-30~ RESOLUTION NO. PC2004-30 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00014 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT 1523 WEST KATELLAAVENUE (LA ESTRELLA MARKET) WHEREAS, on July 11, 1995, the Anaheim 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 locai governing body pursuant to applicable provisions of the California Business and Professions Code 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 to permit the retail sale of beer and wine at an existing convenience market at 1523 West Katella Avenue (La Estrella Market) for off-premises consumption and for on-premises consumption in the take-out restaurant service deli portion of the convenience market; and WHEREAS, said application for a Determination of Public Convenience or Necessity was submitted concurrently with a request to amend Conditional Use Fermit No. 3420 which was granted in 1991 under Resolution No. PC91-87 to permit a convenience market at 1523 West Katella Avenue subject to certain conditions of approval; and that Condition No. 4 of said resolution specifies "That no alcoholic beverages shall be sold on the subject property ; and that the request to amend said conditional use permit was to delete Condition No. 4 in order to permit the retail sale of beer and wine for off-premises consumption in the existing convenience market (La Estrella) and to also permit the retail sale of beer and wine for on-premises consumption in the take-out restaurant service deli portion of the convenience market; and WHEREAS, on March 22, 2004, the Planning Commission did, by its Resolution No. PC2004-029, deny the request to amend Conditional Use Permit No. 3420 to delete the above-mentioned Condition No. 4 which specifies "That no alcoholic beverages shall be sold on the subject propertY` and, therefore, said Condition No. 4 remains in full force and effect; and 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 March 22, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and 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 application for a Determination of Public Convenience or Necessity is hereby denied because the off-premises and/or on-premises sale of alcoholic beverages is not a permitted use in a convenience market with a take-out restaurant service deli in the CL (Commercial, Limited) zone unless a conditional use permit has first been approved permitting such use; and, furthermore, that a request to cr\PC2004-030.doc -1- PC2004-30 ~ • amend Conditional Use Permit No. 3420 to permit such use at the subject convenience market has been denied as of this date. 2. That the applicant has not demonstrated that the pubiic convenience or necessity would be served by the issuance of an ABC license; and that there are currently similar establishments in the immediate vicinity that provide convenience for customers to purchase beer and wine. 3. That this convenience market is located within an area having a below average crime rate (30% below the City average) but this property has had 14 calls for Police service during the most recent reporting period with three (3) reports taken over a period of one (1) year; that approval of this request for the retail sale of beer and wine could increase the crime rate for the reporting district and/or increase the calls for service at this location; and that the proximity of Stoddard Elementary School, including the School DistricYs opposition to the request, outweigh any convenience resulting from granting the request. 4. That e-mail correspondence was received from the Superintendent of the Anaheim City School District opposing the proposal and requesting that it be denied; that three people indicated their presence at the public hearing in opposition to the request; that a petition was submitted with 71 signatures in opposition; and that an e-mail correspondence in opposition was received from an area resident. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed (a) the proposal to amend or delete certain conditions of approval adopted in connection with Conditional Use Permit No. 3420 to permit the retail sale of beer and wine for both off-premises and on-premises consumption in an existing convenience market having a take-out restaurant service deli area with 26 seats and (b) a Determination of Public Convenience or Necessity for an alcoholic beverage control license at 1523 West Katella Avenue (La Estrella Market); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No 3420 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 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 1523 West Katella Avenue (La Estrella Market) based on the above-stated findings, and that Determination of Public Convenience or Necessity No. 2004-00014 is, therefore, denied. THE FOREGOING RESOLUTION was adopted a the Plan ing mmission meeting of March 22, 2004. - , (/-'~oCll9~ HAIRPERSON, ANAHEIM CITY PLANNI G COMMISSION ATT,E,ST: RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) cr\PC2004-030.doc -2- PC2004-30 ~ ~ I, Pat Chandler, 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 March 22, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, VANDERBILT-LINARES NOES: COMMISSIONERS: FLORES, O'CONNELL ABSENT: COMMISSIONERS: ROMERO • IN WITNESS WHEREOF, I have hereunto set my hand this _~~~`~'day of , 2004. ~./~ n_ /D~ _ n ~. . IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION cr\PC2004-030.doc -3- PC2004-30