Resolution-PC 98-136RESOLUTION NO. PC98-136
A RESOLUTION OF THE ANAHEIM CI1Y PLANNIMG COMMISSION
DENYING DETERIvIINATION OF PU~LIC CONVENIENCE OR NECESSITY NO. 98-04
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 1000 WEST LINCOLN AVENUE
WHEREAS, on July 11, 1995, the City Councii adopted Resolution No. 95R-134 esta~lishing
procedures and deiegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such determination be m~de by
the Iocai governing body pursuant to applicable provisions of the California Business and Professions Ccde,
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 shail
deny an application for a license if issuance of that license would tend to create a law enforcement problem,
or if issuance would result in or add to an undue concentration of !?censes, except when an applicant has
demonstrated that public convenience or necessity would be served by the issuance of a license; and
WHEREAS, the City Planninc~ Commission of the Clty of Anaheim did receive an applicatior. for
a Daterminatian of Pubiic Convenience or Necessity to upgrade an existing Type 20 (Off-Sale Beer and Wine)
to a Type 2? (Off-Sale General Alcohol) alcoholic beverage license to permit the retail sales of alcoholic
beverages for off-premises consumption in conjunction with a convenience market Iocated on certain real
properly situated in the City of Anaheim, County of Orange, State of California, described as:
THE NORTHERLY 102.25 FEET OF LOTS 5 AND 6 IN BLOCK "B" OF
ANAHEIM VILLA TRACI', IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDEU IN BOOK 14, PAGE 44
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
WHEQEAS, the City Planning Commission of ihe City Of Anaheim did hold a public hearing at
the Civic Center in the City of Anaheim on August 3, 1998, at 1:30 p.m., notice of said public hearing having
been duly given as required Resolution No. 95R-134 and in accordance with the provisions of the Anaheim
Mun(cipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of
pubiic convenience or necessity for an alcoholic beverage controi license to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the August ~1,
1998 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. Thal subject property is located within Reporting District 1723 wh(ch has a crime rate 30%
above the City average, and immediately adjacent to Reporting District No. 1724 which has a crime rate 203%
above the City average.
2. That a liquor store currently exists approximately 500 feet to lhe west of lhis property and that
Anaheim High School is located about 250 feet to the north.
3. That lhe petitioner did not demonstrated that this request would serve to benefit the pubiic in
terms of convenience or necessity.
4. That one (1) person spoke in opposition to lhe proposal at the publ(c hearing and no
correspondence was received in opposition.
CR3421 MS.DOC -1 PC98-136
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the request for a determination of public convenience or necessity to upgrade an
existing Type 20 (Off-Sale Beer and Wine) to a 7ype 21 (Off-Sale General Alcohol) alcoholic beverage ficense
to permit the retail sale of alcoholic beverages for off-premises consumption in conjunction with an existing
convenience market located on a 0.37-acre property located at the southwest corner of Lincoln Avenue and
Illinois Street, and having frontages of 110 feet on the south side of Lincoin Avenue and 145 feet on the w~st
side of Iliinois Street (?000 West Lincoin Avenue - Thomas Liquor); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and tnat it
has considered the Negative Declaration together with any comments received during the public review
process and further fi~;ding on the basis of the initiai study and any comments received that there is no
sub~tantial evidence that the project will have a significant effect on the environment.
NOW, i HEREFORE, BE IT RESOLVEd that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by issuance of a Type 21 (Off-
Sale General Alcohol) alcoholic beveragE (ABC) license at the location. ~
THE FOREGOING RESOLUTIO y~as adop a~th~ Planning Commission meeting of
August 31, 1998. / _
PLANNING COMMISSION
ATi'EST:
~ ~2.oFt1.e'
SECRETARY, NAHEIM CI7Y PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on August 31, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPlNG, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~~?~~~~' ~
1998.
~J~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
-2- PC98-136