Resolution-PC 97-3.~ ~
RESOUl710N N~. PC97•3
A RF~OLUTION OF THE AMAF~EIM (,ITY PLANNING COMMISS(EJN
DENYING DEiERMINATiON Ci~ PUBUC: CONVENIERlCE aR NECESSI7'Y N0. 97-01
FOR AN ALC~HUi.lC BE~~ERAGE CONTROL l.1CENSF
AT 318 NORThi gR00f~l~UP,ST STREEf (CAUMEX MARKET)
WHEREAS, on July 11, ?Q~S, tiie C'rty C.~uncil adopied Resolutic,~ No. 95R-134 establishing
procedures and delegating ~ertain responsibilfties to the Planning •Commission relating to tha determination
of'"pubiic convenience or necessity' on those certain applicaticns requiring that such cstermination be made
by the locai governing body pursuant to applicable provis~ons ryf the California Business and Professions
Code, and prl~r to the issuance of a Jicense by the Department of ~^oholic F3ev~erage Controi (ABC); and
INHEREAS, Section 23958 of the Business and Professior~s Cade provides that the ABC sh311
deny an application for a Iice~nse if issuancs of that Iicense wou~d 8end to creat~e a~aw enforcement problem,
or ff issuance would rosult Sn or add to ,an undua concentrat~on of Ifcenses, excepi when an appiicant has
demonstrated tt~t pubiic convenienae or necessity would be senied by tha issuance of a license; and
WHEREAS, the City Planniny Corramission of th~e Ciry ofi Rnaheim did receive an application
for a Determination of Public Gonvenience cr iVecessity io upgrade a~n ~xisting Type 20 (beer and wine)
Alcoholic Bevera~e Contrc~ Ifcesise to a Type 21 (general liquorj license to permit retail sales of alcoholic
beverages for off-premises consumptlon in conjunction with an existing convenience market.
7HA~ PORTION OF "fHE SOUTHWEST QUARTER OF THE SOUf'HWEST
QUARTER OF SECTIOtJ 8, TOWNSHIP 4 SOUTH, RANGE 1A WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY' OF ORAfVGE,
STATE OF CALIFORNIA, AS S~10WN ON A MAP RECORDED IN SOOK 51,
PAGE 10 OF MISCELLANEOi1S MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT TH~E NORTHWEST CORNER OF SAIQ SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8; THENCE SOUTH
39° 31' GO" EAST ALONG THE NORTHERLY UNE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTEA OF SECTI0~2 8, A DISTANCE OF
30.00 FEET TO THE THUE PCINT OF DEGINMING; THENCE CONTINUING
SOUTH 89° 31' 00' EAST RLONG SAID NORTHER~Y UNE 146.00 FEET;
THENCE SOUTH 0° 16' 10` EAST 85.10 FEET; THENCE NORTH 89~ 3'!' 00"
WEST 29.00 FEET; THENCE SOU7H 0° 16' 10" EAST 2.90 FEET TO A POINT
IN THE EAS'fERLY PAOLONGATION OF THE NORTHERLY LINE OF THE
LAND DESCRIB~D IN DEED TO THE DEPARTMENT OF VETERANS AFFAIRS
OF THE STATE OF C~LiFO'RNIA, RECORDED JUNE 24, 1953 IN 800K 2527,
PAGE E2 QF 4FFICIAL RECORDS; THENCE NORTH 89° 31' 00" WEST
ALONG SAID NORTH LINE OF SAID LAND OF THE DEPARTMENT OF
VETERANS AFf~AIRS P.ND ALONG SAID PROLONGATIQN 117.00 FEET TO A
POINT IN A LI~JE'tHAI' 1S PARAL.LEL WITH AND DISTANT WESTERLY 30.00
FEET FR~M THE WESTERLY LINE OF SAID SECTION 8; 7HENCE NORTH 0°
16' 10' WES7 a~\LONG S~41D PARALLEL UNE 88.00 FEET'f0 THE ~OINT OF
BEGINNING.
WHEREAS, the +City Piannfng Commission of the City Of Anaheim did hoid a pubNc hearing
at the Civic Center in ihe Cit~~ of AnaheEm on January S, 1997, at 1:30 p.m., n~~tice of said public hearing
having been duly given as required R~solution No. 95R-134 and in accordanc.e with the provisions of the
Anaheim Municipal Cade, Chapter ~8.03, to hear and consider evidence for and against said pro,posed
determinatior, of public convenience or necessiry for an alcoholic beverage control license to investigate
and make tindings and recommendations In connection there•.vith; and
CR2804DM -i - PC97-3
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WHEREAS, said Commission, after due inspet:tion, investigation and study made by ftself
and in its behalf, and after due conslderation of all evidence and reports offered at said hearing, dos's (Ind
and deiermine the following facts:
1, Tha: subject property is devetoped with a 2,893 sq.ft. convenlence market in the RS-A-43,000
(Fiesidential/Agricultural) zone;
2, That the convenience market fs a legal nonconforming use i~~~ the undertying RS-A113,OQ0
zone because it was estabtished in 1965 prior to annexation of the property to the Ciry of An2heim in
1972;
3. That the Anaheim General Plan designates subject property for ~eneral Professional land
uses;
4. That the property is Iocated in the Brookhurst Commercial Corridor RecJevelopment Area;
5, Tha: one person spoke (n favor of subject proposal at the public hearing and the applicant
submitted a petitfon suppo+ting ihe request; and
g. That no one spake in opposition at the publfc hearing and no correspondence was receNed
in opposition.
CALIFORNIA ENVIRaNMENTAL QUALITY AC7 FiNDING: That the AnahPim City Plann!ng
exempt from he equi emet bo prepa e naerv ironn ental Smpact report1(EIR) anhdef n~ u~ herState of
Califomia EIR Guidelines.
t~OW, THEREFORE, 8E IT RESOLVEG that the Anaheim City Planning Comrnission does
hereby determine that the public aonvenience or necessiry wilf not be served by the issuance of a Ifcense
for the s21e of beer, wine and general Iiqu~rs for o'H-premises consumption at the location based on the
following:
t. That the Police Department testified 'the reporting district in which subJect property is located has
a ccime rate which is 9296 above the average for the City of Anaheim;
2. That the Commun'rty Develupment D2partment testiFied the project gaals for the Brookhu~st
Commercial Corridor Redevelopment Area include the reduction o4 alcoholic beverage licenses for
this area, and that the.y dc~ not support the intensification of the existing Type 26 (off-sale beer and
wine) Iicense to a Type 21 (ger~eral iiquor) license for subject business;
3. That the current number of Iiquor iicenses for the underlying census tract exceeds the number
allowed for the population of safd census tract (a .allow~; 6 existing);
4. That subJect property is immediately adjace.nt te a residential neighborhood, lncluding a pre-school
for up to 70 chiidren across Brookhurst StrElet, and the requested upgrade to permit sales of general
liquor may be detrimental to the surrounding land uses; and
5. That approval of this request would lntensify subject legal lion•conforming use.
-~- PC97-3
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THE FORECOING RESOLUfiON was aclapted at ihe Planning Commission meeting of
January 6, ~997. i
~ ~LA
CHAIRPERSON, ANAHEI CIT( PLANNING COMMISSION
A7TFST; ~~~
SECRcT R, A AHEIM~CITY PI~4r1NING COMMIS5IGN
STATE C~P C.4LIFG~RNIA )
~I~UNTY O~ ORANGE ) ss.
f CITY OF OANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planr.ing Commission, do hereby certify
that the foregoing resolution was passed arxi adopted at a meetin~g of the Anaheim Ciry Planning
Commission held on January 6, 1997, by the following vote of the merrsbers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTIiiV, IBRIST~L, HENNIIVGER, MA'YER, MESSE, PERA7.~1
NOES: COMMISSI~ONERS: NONE
ABSENT: COMMISSIONERS: NONE ~1
IN WITNE9S WHEREOF, I have h~reunto set my hand this ~ da.y of l.1;~~
1997. ~ ~ f
SECRET FY, AHEIM CITY PLA~INING COMMISSION
-3- PC97-3