Resolution-PC 97-136~
RESOLT `TI~N NO PC97-136
A RESOLUTION OF TI3E ANAHEIM CiTY PLANNING ~COMMISSION
DET'ERMININ~ PUBLIC CONVENIENCE OR N~CESSITY NO. 97-11
FOR AN ALCOHOL,IC BEVERAGE CON'I'IZOL LICENSE
AT 1440 SOUTi-I ANAH(EIM BOULEVARD
ANAHEIM INDOOR MARKETPi.ACE
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-
134 establishing procedures and delegating certain responsibilities to the Planning
Commission relating tr, the ~letermination ~f "public convenience or necessity" on those
certain applications requiring that such deter~nination be made by the iocal governing body
pursuant to applicable provisions of the 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 af that license would tend to
create a law enforcement problem, or if issuance would result in or add to an nndue
concentration of licenses, except when an applicant has demonstrated that pu.blic
convenience or necessity would he served by the issuance of a license; and
WHEREAS, the City Planning Ccimmission of the City of Anaheim did receive
an application for a Determination of Public Convenience or Necessity to construct a 6,809
square foot addition for a television studio ar~d entertainrnent area with sales of beer for
on-premises consumption and a second level, 1,209 square #'oot office area in conjunction
with an existing indoor swap meet on certain real property situateci in the City of Anaheim,
County of Orange, Scate of California, descfibed as:
THAT PORTION OF THE SOUT!-IWEST QUARTER OF TH~C NORTHWE£iT
QLJARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
FtANCHO SAN JUAN CAJON DE SANTA ANA,1N THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CAL~FORNIA, AS SHOWN UN A MAP
OFFICE OF THE COUNTY R CORBER ~`SAID OUNTYS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION ~F THE NORTHEAST.CRLY RIGH'~'
OF WAY L[NE OF 60 FOOT STATE FiIGHWAY, AS I~ESCRIBED IN A DEED
RECORDL-D ,1TJLY 10, 1914 IN BOOK 258 PAGE 6Ci ~P DEEDS, WITH THG
NORTHERLY RIGHT OF WAY LiNE OF CERRITOS AVENUE 40.00 FEET IN
WIDTH, SAID POINT BEING ON A CURVE IN SAID NORT[~EASTERLY
RIGHT OF WAY LINE CONCAVE SOUTHWEST~RLY HAVING A RADIUS
OF G30.00 FEET, A RADIAL LINE THRO[T~H SAID POINT BEARS NORTH
82 DEGREES SA' 4:" EAST; TFiENCE NORTHERLY ALONG SAID CURVE
iHROUGH A CENTRAL ANGLE OF 4 DEGR~ES 37' 14" A DISTANCE OF
50.81 FEET; THENCE idORTH 6 DEGREY~ 55' 00" WEST ALONG THE
EASTERLY LIAiE OF LAND DESCRIBED IN A DEED
1 PC97-13G
CR3057PL.WP
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T~ 't HE STATE OF CALIFURNIA RECORDE!~ APRIL 13, 1929 iN BOOK 257
PAGE 4G2 OF OFFICIAL RECORDS TO THE SOUTHWE5T CORNER OF
TRACT NO. 3313 AS SHOWN ON A MAP REC~ORDED li~i BOOiC 1U7 PAGES
34 TU 37 iNCLIiSiVE OF MISCELLANEOUS ]ut~.PS, RECORDS UF ORANGE
COYJNTY, CALIFORNIA; THENCE NORTH 89 DEGREES 56' 31" EAST 11G191
FEET ALONG THE SOUTHERLY LINE OF SAIll TRACT ~`10. 3313 TO THE
WESTERLY LINE OF THE SOUTH£RN PACIFIC itA1LROAD RIGHT OF
WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18, 1899 IN BOOK
44 PAGE 22b OF DEEDS; THENC~ SOUTH 7S DEGRF.ES ti' 43" EAST 78.85
FEET ALONG SAID WESTERLY LINE TO THE EASTtiRLY LINE OF TEIE
SOUTHWEST QIJARTER OF THE NORTIiWEST Ql1ARTER ~F SAID
SEC7'ION 23; THCNCG SOUTH 0 DEC;REES l0' 18" EAST W0.48 FEET ~LONG
SAI'U EASTERLY LINE TO THE SOUTHERLY LINE OF 7HE NORTHWEST
QUARTER TO SA1D SECTION 23; THENC~ W~T ALONG SAID
SOUTHERLY LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
SAID fi0.00 FOOT STATE HIGHWAY; THEIYCF. NOR'i'[-IERLY ALONG SAID
NORTHEASTERLY LINE TO THE POISJT O'F BEGINiu1NG.
EXCEPTING THEREFROM THE EAST 144.51 FEEi ?F S•A1D LAND•
AlSO EXCEPTING THEREFROM ALL THAT PORTiON OF SAiD LAND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE 1NTERSECTION OF A LINE WNit;H IS YARALLEL
WITH THE SOUTHEE2LY LINE OF THE NORTFiWEST QUARTER OF SA1D
SECTION 23 "CENTER LINE OF CERRITOS ST'REET" AND DISTANCE
NORTH 2?A.00 FE6T, MEASURED AT R1GHT ANGI.ES FROM SAID
N A DEED TO THE STATE OFF CAL FORrIA RECOR ED APRISLCRIB9 D
IN BOOT:257 PAGE 4G2 OF OFFICIAL RECORDS "EASTERLY I.INE OF LOS
ANGELES STREET"; TNENCE SOUTH G DEGREES 55' 00"EAST ALONG SAID
EASTERLY LINE A DISTANCE OF 150.99 FEET TO A POINT ON A CURVE
CONCAVE SOUTHWESTERLY, HAVING A F.ADIUS OF G30.00 FEE'T, SAID
POINT BEING IN THE NU[tTHEASTERLY RIGHT OF WAY LINE GF A 60.00
FOOT STATE HIGHWAY, A5 DESCRIBED IN A DEED RECORDED JULY
10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 78 DEGREES 17' 27" EAS1; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE QF 6
DEGREES 2G' S9" AND AN ARC DISTANCE OF 70.92 FEET TQ A POINT IN
THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SA1D
SEGTION 23, A RADIAL LINF, THROUGH SAID POINT BEARS NORTH &:
DEGREES 44' 2G" EAST; THENCE EAST ALONG SAID SUUTHERLY LINE A
DISTANCE OF 221.3G FEET; THENCE NORTH AND AT RIGHT ANGLES TO
ppIRA O EL WITH SAfD SOUTHERLYELOINE A DI TANCE OF250.00 EETTO
THE POINT OF BEGINNING.
_2 PC97-13fi
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~N~![£RLAS, tha City Planning Commission ciid hc~ld ~ public hearing at the
C~vic Center in fl~e City of Anaheim on July 21, 1997, at 1:30 p.m., notice of said public
hearing h~aving beEn duly gsven a.s require~ by I~esolut~on No. 'g5R-134 anu~ ;an accordance
with the provisians of the ~.naheitt~ Mun~cipal Cnde, Chapte.r i~3.Q3, to hear and consider
~evidence for ancl ~~ainst said prnposrd ~etermination bf public r,onvenience ~r necessity for
an alcbholic beverage contr~l 1~cense to investigate and make findings an~d recommendations
in connection tnere~vith; stc.,i that said public hearing was continued t~ the August 18,
September 3, S~eptember 1:i and September 29, 1997 Planning Commission ~neeting; and
WlE-IEREAS, said Comrnission, •after due i~ispectian, investigation and st~dy
made 'by itself antl in its behalf, and after tlu~: consideratit~x- of all evidence and cepores
offered at said l~earing, does ~nd and determine the fQllowing .facts:
1. That the petitianer originatly requested on-pr~mises sale of beer and
wine b~.~t tt~e r~equest is for sale of beer only;
2. That the petitioner agreed at the publi+c hearing that the permission to
seil beer sha~l expire in on year and that beer shall only be served during weekends and
holiday events, and on a maximum of two evenings per week, between 7:00 and 11:00 p:m.;
and
3. That two pe4ple spolce with concerns at the public hearing; and that
no corres;~onclence was received in opposition to the subject petition.
ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIN+G: That the
Anat;etm City Planning Commission has reviewed the proposal to determine public
conver..ience or necessity to permit a 6,809 square foot adclition for a television stuc~io and
entertainment area and determination of public convenience or necessity to a television
studio and entertaincnent area with sales of beer for on-premises consumption, and a second
Ieve1,1,209 sq. ft. office area in conjunction with an existing indoor swap meet, on an 14.74-
acre ]ocated north and east of the northeast corner of Cerritos Avenue and Anaheim
Boulevard with a frontage of 725 feet nn the north side of Cerritos Avenue and 485 feet
on the east side of Anaheim Boulevard (1440 South Anaheim - Anaheim Indoor
Marketplace); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgement of the lead agency and that it ha.s 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 r~ceived that
there is no substantial evidence that tl;e project will have a significant effect on the
environment.
-3- PC97-13G
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NOW THEREFORE BE IT RESOLVE~ that the Planning Commission does
hereby determine that the public convenience or necessity wiil be served by the issuance of a
license for 1440 South Anaheinn Boulevard - Anaheim Indoor Marketplace, at this location
subject to th~e followiaag conditions:
1. That be:.r s17a11 onlp be sen'ed in coniunction with family-oriented type entertainment and
is hereby appro~red Cor a period of one (1) year from the date of the issuance of an
occupan~y permit.
2. Th~t beer shalt only 'be served during weeksnd an@ holiday events, 1nd on a maximum
of two evenings per week, l~el~veen 7 and 11 p.rn.
BE dT FUR.THER RESULVED tha. the Anaheim City Planning Commission does
hereby tind and detennine that adoption of this P.esoaution is expressly predicated upo~
applicant's com~liance with each and all of the findinZ;s hereinabove set forth.
THE F~JREGOING I'.ESOLUTIUN. w opt the Planning Co~n~iission
meeting of September 29, 1~397. ~~-
CHA SO O TEMPOI~E
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~ I~~UI~/~L~'dJ S
SECRETAR'1~ ANAHEIM C1TY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ; ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do
hereby; certify that the foregoing resolution was passed and adopted at a rr.eeting of the Anaheim
City Plani~ing Commission held on September 29, 19~17, by the following vote of the members
thereof:
AYES: COMMISSfONERS: EiOYDSTUN, BRISTOL, HLNA`INGER, MAYER, MESSE
NOES: COMM:SSIONERS: PERA.ZA
AIISENT: CUMMISS[ONERS: E30STWICK
IN WITNESS WHERLOF, I have hereunto set my hand this ~-3~ day of
~ , 1997.
_~' `j0/I ;CrJ't.(.~CJ ~wlf.CGJ
SECRETARY~ANAHEIM CITY PLA.NNING COMMISSION
4_ PC97-13G