Resolution-PC 97-43~; ~
RESOLUTION NO. PC97-43
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING DETERMINATION OF PUBLIC CONVENlENCE OR NECES~ITY NO. 97-05
FOR AN ALCOHOLIC BEVERAGE CONTROL UCEI~SE
AT 1112 NORTH BROOKHURST STREET, SUITE 1(CHEERS MARKEn
WHEREAS, on Juiy 11,1995, the Ciry Council adopted Resolution No. 95R-134 establishing
procedures and delegating certaln responsibflities to the Planning Commission relating to the determination
of °publi~c convenience or necessii~' on those certain applications requiring that such determination be made
by the local goveming body pursuant to appUcable provisions of the Business and Professions Code, and
prior to the issuance of a Ucense by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23956 of the Business and Professions Code provides ttu3t the ABC
shali deny an application for a license ff issuance of that Iicense would tend to create a law enforcement
problem, or ff issuance would result in or add to an undue concentratfo~ 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 Ctty Planning Commission of the C'rty of Anaheim did rece'r/e a~ appUcation
for a Determination of Public Convenience or Necessiry to permit the retail sales of alcohol for off-premises
cunsumption in conjunction with the proposed convenience market on certain real property situatec! in the
C'dy of Anahefm, Counry of Orange, State of Calffomia, described as:
THE WEST 317.00 FEET OF THE SOUTli 283.00 FEET OF THE SOUTHWEST
~UARTER OF THE SOUTHWEST ~UARTER OF SECTION 5, TnWNSHIP 4 SOUTH
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGES(S) 10, STATE OF CAUFORNIA, AS PER MAP REGORDED IN
BOOK 51, PAGE(S) 10, MISCEW+NEOUS MAPS, IN THE OFFICE OF Ti1E
COUPITY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH UNE OF T'riE SOUTH 53.00
FEET WITH THE EAST LINE OF THE WESTERLY 190.00 FEET OF SAID SECTION,
THENCE NORTH 0 DEG. 19' 44" WEST ALONG SAID EAST LINE 107.00 FEET TO
A POINT 40.00 FEET SOUTHERLY QF THE NORTHERLY LINC OF THE
SOUTHERLY 200.00 FEET; THENCE NORTH 45 DEG. 16' 14" WEST 56.63 FEET
TO A POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET, SAIQ
POINT BEING 40.00 FEET WESTERLY OF SAID EAST LINE OF SAID WESTERLY
190.00 FEET; THENCE SOUTH 89 DEG. 46' 26" WEST ALONG LAST MEN7ICNED
NORTHERLY IJNE 90.00 FEET TO A P01(YT IN THE EASTERLY LINE OF THE
WESTERLY 6Q.00 FEET OF SAID SECTION; THENCE SOUTH 0 DEG. 19' 4t"
EAST ALONG LAST MENTIONED EASTERLY LJNE 122.00 FEET ~4 POINT 25.W
FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTH 53.00 FEET OF SAID
SECTION; THENCE SOUTH 46 DEG. 23' 58" EAST 36.10 FEET TO A POINT IN
SAID NORTH LINE OF SAID SOUTH 53.00 FEET OF SAID SECTION, SAID POINT
BEING 26.00 FEET EASTERLY OF SAID EASTERLY LINE Cr THE WESTERLY
LAST MENT ONEDI NOR HI UNE H04.00 FEET O THE OINl' OF BEGINN NGG
OF CAUFORNIA RECORD DNN BOOK 11088, PAGE~1871, OFFICIAOL RECORDS.
1_ PC97-43
CR2881 PLWP
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WHEREAS, the Cfry Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 17, 1997, at 1:30 p.m., notica of said public hearfng having been ~iuly given
as requlred by Resotution No. 95R-134 and in accordance with the provisions of the Anaheim Municipai
Code, Chapter 18.03, to hear and c~nsider evklence for and against said proposed determination of pubiic
convenience or necessity for an alcoholfc beverage contrd Ilcense eo investigate and make findings and
recommendations in connection therewith; and said public hearing was continued to the March 31, and the
April 28, 1997 Plenning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and in fts behalf, and after due consideration of all evic+ence and reports offered at said hearing, does flnd
and determine the following facts:
That there ara no other liqu~r stores in close proximity to subject business premises; and
That no one indicated their presence at the public hearing in opposftion; and that no
correspondence was received in opposftion to the subject petition.
~ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City P{annfng
Commission has reviewed the requested, determination of publfc convenience or necessity to permft the
retail sales of alcohol, i.e. beverages, for off-premises consumption in conjunction with a proposed
convenience market on a 0.91 acre irregulady-shaped parcel of land located north aixl east of the northeast
corner of Brookhurst Street and La Palma Avenue with frontages of 83 feet on the east s(de of Brookhurst
Street and 127 feet on the north skie of La Palma Avenue (1112 North Brookhurst Street, Suite 1- Cheers
Markot); and does hereby approve the Negative Declaration upon flnding that the declaration reflects the
independent judgement of the lead agency and that (t has considered the Negative Declaration together with
any comments rec;eived during the public review pracess and further flnding on the basis of the initial study
and any comments received that there is no substantial evidence that the project will have a sfgn~icant effect
on the environment.
NOW THEREFORE BE IT RESOLVED that the Planning Comcnissfon does hereby determine
that the public conve~i(ence or necessity will be served by the issuance of a license to permft the retail sales
of alcohd ior off-premises consumpt(on in conjunctfon wfth the proposed convenfence market at 1112 North
Brookhurst Street, Sufte 1.
BE IT FURTHER RESOLVED that the Anahe(m Ciry Planning Commission does hereby ~nd
and determine that adcptior of thls Resolution is expressly predicated upon appl(canYs compliance wfth
each and all of the find(ngs hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commissfon meeting of
April 28, 1997.
CHAIRPERSON ANAHE CITY PLANNING COMMISSION
ATTEST•
SECRETARY, NAHEIM CITY PLANNING COMMISSION
-2- PC97-43
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim C'rty Planning Commission, do hereby certify
that the foregoing res~lution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 28, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, MESSE
NOES: COMMISSIONERS: BOSTWICK, PERAZA
ABSEPiT: COMMISSIONERS: MAYER
IN WITNESS WHEHEOF, I have hereunto set my hand this ~* day of ~,
1997.
SEC ETAR , ANAHEIM CITY PLANNING COMMISSION
.g- PC97-43