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Resolution-PC 97-73~ ~ RESOLUTION NO. PC97-73 A RESOL'JTION OF THE AhAHEIM CITY PLANNING COMMISSION DEfERMINING PUBLJC CONVENIENCE OR NECESSlTY NO. 97-09 FOR AN ALCOHOUC BEVERAGE CONTROL LJCENSE AT 301 SOUTH ANAHEIM BOULEVARO WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilkfes to the Planning Commfssior, relating to the detr>rmination of `publfc convenienco or necessity on those certain appl~cations requiring that such determination oe made by the local govem(ng body pursuant to applicable provisions of the Suslness and Profess(ons Code, and prior to the issuance of a Iicense by the DepartmeM of Alcohdic Beverage Contrd (ABC); and WHEREAS, Section 23958 uf the Business and Profe.ssfons Code provfdes that the ABC shall deny an appltcation for a Iicense ff issuance of that Iicense w~uld tend te create a law enfc+rcemerrt problem, or if (s~uance would result 1~ or add to an undue concentration of Ifcenses, except when an applfcant has demonstrated that publtc cornenience or necessity would be served by the issuance of a Iicense; and WHEREAS, the Ciry Planning Commission of the Ctry of Anaheim d(d receive an applicaticn for a Uetermination of Public Convenience or Necessfty for a Type 20 (Beer and Wine) Alcoholfc Beverage Contrd (AE3C) Iicense to permit the retail sales af beer anr' wine for off-premises consumption in conjunction wfth the praposed cornenlence market on certaln real property sftuated in the Ciry of Anaheim, Counry of Orange, State of Califomia, desc~ibed as: LOT 49, OF THE ORIGINAL TOWN OF ANAHEIM, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGES 629 ANO 630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CAUFORNIA, EXCEPTING THEREFROM THAT PORTION WITHIN THE FOLLOWING DESCRIBED LANa: COMMENCING AT THE INTERSECTION 0!= THE CENTERLINE WITH THE CENTERUNE OF ANAHEIM BOULEVARD (NEV1~ AS SHOWN ON °ARCEL MAP NO. 90-224 FILED IN BOOK 256, PAGES 3 7HROUGH 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY FiECOROER OF SAID ORANGE COUNTY, THENCE SOUTH 75 DEGREES 26' 31' WEST 24215 FEE7 ALONG SAID CENTERUNE OF BROAQWAY; THENCE SOUTH 14 DEGREES 33' 29' EAST 21.75 FEET TO THE TRUE POINT OF BEGINNING, SAID POtNT BEING ON THE SOUTHERLY LINt OF SAID BROADWAY, FORMERLY. BROADWAY STREET, AS DE~CRIBED IN THE DEED TO THE CITY OF ANAHEINi, RECARDEU MAY 28, 1907, IN DOOK 149, PAGE 32 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, THENCE NORTH 75 DEGREES 26' 3t' EAST 154.88 FEET ALONG SAID SOUTHERLY UNE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTER~Y HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY AND SOUTHERLY 39.30 FEET ALONG SA1G CURV~ THROUGH A CEM'RAL ANGLE OF 90 DEGHEES J3' 55' TO A LINE PARALLELVVITH AND WESTERLY 40.00 FEET FROM THE SOUTHERLY PROLONGATION OF THE CENTERUNE OF ANAHEIM BOULEI~'ARD (OlD) AS SHQWN ON SAID PA'iCEL MAP NO. 90-224; THENCE CA2930PLWP -1- PC97-73 ~ ~' SOUTH 14 DEGFiEES 29' a4" FJ\ST 3.40 FEET ALONG SAID PARALLEI. LINE; THENCE NORTH 59 DEGREES 31' 31" WEST 23.22 FEET TO A UN~ PARALLEL WITH AND SOUTHERLY 12.00 FEET FROlu9 SAIp SOUTHERLY UNE OF BROADWAY; THENCE SOUTH 75 DEGREES 26' 31' WEST 103.43 FEET ALONG SAID IAST MENTlO~iED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 85.00 FEEf; THENCE WESTERLY 28.08 FEET ALONG SAID CURVE THRQUGH A CEMRAL ANGLE OF 18 DEGREES 55' 29"; THENCE NORTH 85 DEGREES 38' 00" WEST 12.00 FEET TO 7HE BEGINNING OF A TANGENT CJRVE CONCAVE SOUTHERLY HAVING A RADIUS OF 65.OU FEET; THENCE WESTERLY 21.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 DEGREES 55' 29" TO THE TRUE POINT OF BEGINNING. WHEREAS, the C'tty Planning Commfssion did hold a public hearing at the CNir. Center ir~ the Cfty af Anaheim on June J, 1997, at 1:30 p.m., notice of sakl public hearing having been duly given as ~equired by Resolution No. S~R-134 and in accordance wfth the provislons of the Anaheim Municfpal Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of public convenfence or necessity for an alcoholic bevPrage contral Iicense to investfgate and make findfngs and recommendations in connection therewith; and `NHEREAS, sa(d Commission, after ciue inspection, investigatfon and study made by itself and in fts behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find and determine the following facts: t. That the petftloner requests a Determination of Public Convenience or Necessiry for a Type 20 (Beer and Wine) AlcohoUc Be~erage Contrd (ABC) license to permit the retail sales of beer and wine for off-premises consumption in conjunction wfth the proposed convenience market. 2. That the Anaheim Police Department recommended approval subJect to certain conditions of approval which were made part of Resolution No. PC97-72 adopted in connection with Conditional Use Permft No. 3939 (to construct 3,750 sq.ft. se~vice station, includin~ a convenience market with retail sales of beer and wine for off-premises consumption, a drive-through car wash, and two fast food restaurants) granted in conjunction with this request. 3: Tha: one person spoke in favor of subject proposal at the publfc hearing; and that corcespondenco was received in favor of the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim Ciry Planning Com.missfon has reviewed fhe proposal to permft the retail sales of beer arrl wine for off-premises consumption in conJunction with the proposed convenience market on a 0.93-acre irregularly-shap2d parcel af land located at the southwest comer ~f Broadway and Anaheim Boulevard and having frontages of 175 feet on the sovth sfde of Broadway and 150 feei on the west side of Anaheim Boulevard (301 South Anaheim Boulevard); ar~d does hereby approve a Mitfgat~cl Negative Declaratfon and adoQt the Mitigztion Monitoring F:~,ram pursuant to Section 21081.6 of the Public Resour~es Code on the basis that the declaratian reflects the independent judgement of the lead agency and that the Planning Commission has considered the proposal with the Mitigated Negative Declaratiun ar-d Monfto~ing Program, together wfth t:~ny comments receN~ed du~ing the public review proc;ess and further flndfng, on the basis of the Inrtial 5tudy, that there is no substantial evkJencs that tne ~iro~sct will have a signfficant effect on the arnironment. -2- PC97-73 ~ ~ NOW THEREFORE BE IT RESOLVECI that the Plannfng Commission does hereby determino that the public carnenience or necessity w111 be served by the fssuance of a Iicense to permft the reta(i sales of beer arxi wine for off-premises consumption fn conjunction wfth the proposed convenience n~arket at 301 South Anaheim Boulevard. BE IT FURTHER RESOi~VED that the Anaheim City Planning Commission does hereby flnd and determ(n~ that adoption of this Resolutfon is expressly predicated upon applicant's compliance wfth each and all of the findings herelnat~ove set forth. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 9, 1997. t~~ ~ `~a~.~.~- ~ CHAIRP~ ANAHEIM CITY PLANNING COMMISSION ATTEST: SEC~Y, NAHEIM CIN PLANNING COMMISSION STATE OF CALIFORIvIA ) COUNTY OF ORANGE ) ss. ClTY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that tFe foregoing resolution was passed arxi adapted at a meeting of the Anaheim City Planning Commission held on June 9, 1997, by the fdlowing vote ot the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, PERAZA NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: MESSE hBSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereuntc set my hand this ~~ day of (~~~_. 1997. • SECREfARY, NAHEIM CITY PLANNING COMMISSION ~- PC97-73