Resolution-PC 98-170RESOLUTION NO. PC98-170
A RESOLUTION OF THE ANAHEIM C(lY pLqNNING COMMISSION
DETE;~F~IINING PUBLIC CONVENIENCE OR NECESSITY N0. 98-08
FOR AN ALCOHOLIC BEVERAGE COf~TROL LICENSE
ON PROPERTY LOCATED AT 801 SOUTH HARBOR BOULEVARD AND 5'f 0 WEST SOUTH STREET
WHEREAS, on July 11, 1595, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on thosP certain applications requiring that such determination be made by
the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to
the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professionc 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 is~uance would result in or add to an undue concentration 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 City Planning Commission of the City of Anaheim did receive an appiica!ion
for a Determination of Public Convenience or Necessity No. 98-08 - to determine public convenience or
necessity to allow retail sales of beer and wine for off-premises consumptfon in conjunction with 2 new
convenience market (which will be established in connection with service station and car wash) at 801 South
Harbor Boulevard and 510 West South Street, located on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1:
THE NORTH 150.25 FEET OF THE EAST 210.25 FEET OF LOT -~ OF THE ORCHARD PARK
TRACT, IN THE CITY OF ANAHEIM, CGUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 7, PAGE 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTHERLY 5.25 FEET OF THE NORTH 150.25 FEET,
CONVEYED TO THE CITY OF ANANEIM FOR WIDENING SOUTH STREET, BY DEED
RECORDED DECEMBER 9, 1912, IN BOOK 224, PAGE 110. OF DEEDS.
ALSO EXCEPTING THEREFROM THE NORTH 150.25 FEET OF THE EAST 155.25 FEET OF
LOT 4 OF ORCHARD PARK TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, F'AGE 6 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PAR.^EL 2:
THE NORTH 150.25 FEET OF THE EAST 155.25 FEET OF LOT 4 OF THE ORCHARD PARK
'fRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE aF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 7, PAGE 6, OF MISCELLANEOUS MHPS, IN THE OFFICE OF THE
COUN i f RECORDER OF SAID COUNiY.
EXCEPT THE NOP,THEASTERLY 5.25 FEET OF SAID NORTH 150.25 FEE7, CONVEYED TrJ
THE CITY OF ANAHEIM FOR WIDENING SOUTH STREET, BY DEED RECORDED DECEMBER
9, 1912, IN BOOK 224, PAGE 110 OF DEEDS.
CR3465PK.DOC -1- PC98-170
PARCEL 3: _
THE EASTERLY 210.00 FEET OF LOT 4 OF THE ORCHARD PARK TRACT, AS SHOWN ON A
MAP THEREOF RECORDED IN BOOK 7, PAGE 6, OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNlY.
EXCEPT THEREFROM THE NORTHERLY 150.25 FEET THEREOF, ALSO EXCEPT PARCEL
NO. 036-183-33
WHEREAS, the City planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 26, 1998, at 1:30 p.m., notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.0~, to hear and consider evidence for and against said proposed determination of public
convenience or necessity for an alcohoiic beverage control license to invostigate and make findings and
recommendations in connection therewith; 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. That this request was considered in connection with Conditionai Use Permit No. 4064
which was granted to demolish an existing liquor store and construct a service station with a 1,925 sq.ft.
convenience market with retail sales ~f beer and wine for off-premises consumption and a 920 sq.ft. drive-
through self service car wash, and with waiver of maximum structural height abutting a residential zone.
2. That approvai for the off-premises sale of beer and wine shall terminate on
October 26, 1999, if the applicant has not purchased a sufficient number of existing active and operating
Alcoholic Beverage Control licenses withfn the same census tract prior to said date such that the total number
of licenses in the census tract is reduced to ten (10) licenses. The purchase agreements shall effectively
~equire that the previous owners of the permits and the owners of the properties where the permits were
previously located to refrain from applying for new Ifcenses or for the transfer of existing licenses within the
same reporting district for a period ~f ninety (90) days following the effective date of the transfer oF the permit
to the applicant. The purchase agreements shall provide that the City of Maheim is a third pa~ty beneficiary
for the purpose of enforcing the application restriction. A copy of the purchase agreement shall be provided to
the 2oning Division. No sale of beer and/or wine for off-premises consumpt(on shall be permitted on the
property unless and until the applicant has purchased an existing and active ABC license within the same
census tract no later lhan October 26, 1 ggg,
3. That one person indicated their presence at the public hearing in opposition; and that
correspondence in opposition to the proposal and a petition with approximately 200 signatures in opposition
was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to determine public convenience or necessity to demolish an existing
liquor store and construct a service station with a 1,925 sq.ft. conven(ence market witn retail sales of beer and
wine for off-premises consumption and a 920 sq.ft. drive-through self service car wash with walver of
maximum structural height abutting a residential zone on a rectangularly-shaped, 0.8-acre property located at
the southwest corner of South Street and Harbor Boulevard, having frontages of 190 feet on the south side of
South Street and 185 feet on the west slde of Harbor Boulevard (801 South Harbor Boulevard and 510 West
South Street); and does hereby approve the Negative Declarat(on upon finding that the declaration reflects
-l' PC98-170
the independent judgment of ihe lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and furthe: finding on the basis of the initial
study and any comments received that there is no substant(al evidence that the project will have a~(gnificant
effect on the environment.
BE IT FURTHER RESOLVED that #he Maheim City Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanPs compliance wi'' ~ each and
all of the findings hereinabove set fo~»h. Shauld any such condition, or any part thereof, bo declared lnvalid or
unenforceable by the fina! judgment of any court of competent jurisdiction~then this Resolution, and any
approvals herein conta(ned, shall be deemed null and void. _ _(
THE FOREGOING RESOLUTION yua~.~~t6p~~ I~ the P,Ia~~pfr~Commiss(on meeting of
October 2fs, 1998. ( X f~' ~
COMMISSION
ATTEST:
~'~ l~
SECRETARY, AN HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolulion was passed and adopted at a meeting of the Anaheim City Planning Commfssion held
on October 26, 1998, by the following vote of the members thereof:
AYES: COMMI5SIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~~~~ , 1998.
~ocOf~
SECRETA Y, A AHEINf CIIY PLANiJING COi1AMISSION
-3- pC98-170