Resolution-PC 98-144RESOLUTION Nb pC98 144
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-1~'4
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 2810 WEST BALL ROAD (MOBILE SERVICE STATION)
WHEREAS, on August 20, 1996, the City Council adopted Resoiution No. 96R-148 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applicaiions requiring that such determination be made by ~
the local governing body pursuant to applicable provisions of the California Business and Prafessions Code,
and prior to 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 shall
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 licenses, except when an applicant has
demonstrated that the public convenience or necessity would be served by the issuance oF a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for
a Determination of Public Convenience or Necessity to permit the retaii sale of beer and wine for off-premises
consumption in conjunction with a service station and convenience market, approved in connection with
Conditional Use Permit No. 3842, on certain real property consisting of 0.52-acre located at 2180 West Ball
Road (Mobil Service Station) in the City of Anaheim, County of Orange, State of Caiifornia; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 14, 1998, at 1:30 p.m., notice of said public hearing having been duly given as
required by Resolution No. 96R-148 and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed determination of public
convenience or necessity for an alcoholic beverage control license to investigate and make findings and
recommendations in connection therewith; and
in its behalf, a d after due conside atio'nsof all evide ce ande etports offered at said heartlng do sbfind and nd
determine the fotlowing facts:
1. That the Anaheim Police Department has stated that the subject property is located within Reporting
District 1920 which has a crime rate 23% above the City average; and that it is located immediately adjacent
to Reporting District Nos. 1819 and 1820 which have crime rates 20% and 35% above the City average.
2. That the petitioner has not demonstrated that this request would serve to benefit the public in terms of
convenience or necessity.
3. That no one spoke in opNosition at the pubiic hearing; and that no correspondence was received in
opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City °lanning
Commission has reviewed the the proposal and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 3841 under which a convenience market located at
2180 West Ball Road (Mobil Service Station) approved for this property and is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration reflects
the in~~pendent judgment of the lead agency and that it has considered the previously approved Negative
Declaration together with any comments received durir;a the public review process and further finding on the
basis of the ini!ial stud~ and any comments received during the public review process and further finding on
the basis ot the initial study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
CR3431 ok.Doc -1- PC98-144
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Cify Planning Commission does
hereby determine that the public convenience or necessity will r o e served by the issuance of a license for
2180 West Ball Road, based on the foregoing finding
THE FOREGOING RESOLUTIO as,ad~pted e lanning Commission meeting of
September 14, 1998.
~~
CHAIRPE N, AN HEIM CITY PLANNING COPAMISSION
AT i EST:
~p~L~tl'
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNI?, )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM j
I, Margarita Solorio, Secretary of the Anaheim City Planning Commissfon, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on September 14, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS; BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~~,/" / IN WITNESS WHEREOF, I have hereunto set my hand this GY"i~ day of
____7~2/t. , 1998.
~~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
PC98-144