Resolution-PC 97-58~ ~
RESOLUTION NO. PC97-58
A RESOLUTlON OF THE ANAH~IM CITY PLANNING COMMISSION
DENYING DETERMINATIC~N AF PUBLIC CONVENIENCE QR NECESSI7Y NO. 97-08
FOR AN ALCQHOUC BEVERAGE CONTROL LICENSE
AT 2930 WEST LINCOW AVENUE #1 (CHEERS MARKET)
WHEREAS, on July 11, 1995, the City Counci! adopted Resolu:fon No. 95R-134 establishing
procedures and delegating certain re~ponsibilitfes to the Flarining Commission relating to the determination
of "public convenience or necessity" on those certain applications requiring that such determination be made
by the local goveming body pursuant to applicable provisions of the Califomia Business and Profess(ons
Code, and pr(o~ to the (ssuance of a!icense by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and ProfASSions Code provides that the ABC shall
deny an applfcation far a license ff issuance of that Iicense would tend to create a law enforcement pro~lem,
or ff issuance would result in or add to an undue concerrtration of licenses, except when an appli~nt has
demonstrated that pub8c convenience or necessity would be served by the issuance of a lioense; and
WHERFJ~S, the City Planning Commission of the Ciry of Anahesim did receive an application
for a Determination oi Public Convenience or Necessity to permit the retail saies of general alcohol for off-
prem(ses consumption in conjunct(on wfth a proposed convenience market at 2930 West Lincoln Avenue
#1, cons(sting of certain real property sftuated (n the City of Anaheim, County of Orange, State of Califomia,
descrt~ed as:
TNE EAST 141.30 FEET OF LOT 1 OF TRACT N0. 5090, IN THE CI7Y AF
ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP
RECORDED IN BOOK 188, PAGE (S) 9 AND 10, MISCELLANEOUS MAPS, IN
TFIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Plann(ng Comm(ssion of the Ciry Of Anaheim dfd hold a publfc hearing
at the Civic Center In the City of Anahefm on May y2, 1997, at 1:30 p.m., notice o~ said public hearing
having been duly given as req~(red Resolution No. 95R-134 and in accordance with the provisfons of the
Anaheim Municlpal Code, Chapter 13.03, to he..ar and consider ev(dence for and against saf~ proposed
determination of publfc convenience or necessity for an alcohdic beverage contrd license to investigate
and make findings and ~ecommendations in connection therewith; arad
WHEREAS, ssid Commission, after due inspection, investigation and study m~,ade by itself
and fn fts behalf, and after due consfderatfon of all evidence and reports offered at said hearfng, dces firxl
and determine the following facts:
1. That another ABC Ifquor Iicense in the underlying Reporting Dfstrict 1716 would create an
undue over-concentration of licenses in thfs area (4 permitted; 5 issued);
2. That the petft(oner h2s not demonstrated that this rec~uest would serve to benefk the public
in terms of cornenience or necessity;
3. That an existing convenience market with retail sales of beer and wfne is located immed(ateiy
adjacent to subject property (to the west);
4. That ihere are eleven (11) business witF~ ABC Ifcense wfthin walking distance of subJect; and
CR2909PLWP -1- PC97-58
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5. That one person spoke in opposition at the p!~blic hearing and no correspondence was
re~s,~ed in opposition.
CALIFORNIA ENVIRONMENTAL C~UAUTY ~'~.~'T FINDING: That the Anaheim City Flanning
Commission has reviewed the proposal to determine the public conveniance or nscessity for a Type 21
(General Uquor) Alcohoiic Baverage Coni~ol (ABC) 1lcense to permit the retail Vales of yeneral alcohd for
off-premises con:.huamvpni~aifconta ue of 14W feet on he outh side of Li o~eAve ue,~a maximum depth of
shaped property 9 9
275 feet and being located 200 feet east of the centertfne cf Laxore Street (2930 West Uncol~ Avenue #1);
and does hereby approve the Negative Declarati~n upon flnding that the declaration reBects tha
independent Judgement of the lead agency and that R has considered the NegatNe Declaration together
w(th any comments receNed du~ing Yhe public review process and further flnding on the basis of the inftial
study ar~d any comments receNed 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 Ciry Planning Commission does
hereby determine that the public convenience or necessiry will not be served by the issuance of a license
for a Type 21 (General Uquor) FUCOhofic Beverage Control (ABC) license to permit the retail sales of
general alcohol for off-premises consumption in conJunction with a proposed convenience market at the
location.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 12, 1997.
CHAIRPERSON, ANAHEIM ITY PLANNING COMMISSION
ATTEST:
SECRETARY, AN HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on May 12, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have heret~nto set my hand this ~U~ day of ~,
~~~1
1997. ~
SECRETARY, AN EIM CITY PLANNING COMMISSION
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