Resolution-PC 98-28RESOLUTION NO. PC98-28
A RESOLUTIOR: '.1F THE ANAHEIM CITY PLANNING COMMISSION
DENYING THE DETERMINATION OF PUBLIC CONUENIENCE OR NECESSITY NO. 98-02
FOR AN ALCOHOLIC BEVERAGE CONTROi. LICENSE
AT 511 ~VEST CHHPMAN AVENUE (NEAR MARKET)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 estabiishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessily" on those certain applications requiring that such determination be made by
the local governing body pursuant to applicab~e provisions of the California Business and Professions Code,
and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC):
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 wouid 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 public convenience or necessiry would be sarved by the issuance of a license.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for
a Determination of Public Convenience or Necessity for a'fype 21 (Off-Sale General) ABC license at 511
West Chapman Avenue (Near Market) on certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL NO. 2 AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 44 AND
45 OF PARCEl. MAPS, RECG>~2DS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the petitioner submitted a concurrent request to amend Conditional Use Permit
No. 3055 (permitting a 1,436 sq. ft. convenience market uvith waiver of minimum number of parking spaces,
with 4ake-out food service and with retail sales of beer and wine) to permit retail sales of alcoholic beverages
for off-premises consumption;
WHEREAS, the City Planning Commission of the City Of Anaheim did hold a public hearing at
the Civic Center in the City of Anaheim on March 2, 9998, at 130 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
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
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 foilowing facts:
1. That this request for approval of a determination of Public Convenience and Necessity was
incorrectly advertised as PCN No. 97-02 but that the public notification was otherwise correct;
2. That this property is developed with a 10-unit, 19,504 sq. ft. commercial retail center, including
subject business at 511 West Chapman Avenue (Near Market), in the CG (Commercial, General) "Lone;
3. That Sections 18.45.050.193 and 18.45.050.195 of the Anaheim Municipal Code permit retail
sale of alcoholic beverages for off-premises consumption in convenience markets fn connection with approval
of a conditional use permit; and that the proposed amendment to Conditional Use Permit No. 3055 to upgrade
the ABC license from retail sales of beer and wine to retail sales of alcoholic beverages for off premises
consumption was denied by the Planning Commission on March 2, 1998 under Resolution No. PC98-27;
CR3197PL.DOC -1- PC98-28
4. That, based on infarmafion provided by the Anaheim Police Department, the crime rate for the
underlying reporting area for this location is 134% above the average for the City of Anaheim;
5. That, based on information arovided by the Anaheim Police Department, there is an over-
concentrati~n of off-sale ABC licenses in the underlying reporting area (4 permitted, 5 existing); and
6. That no one spoke in opposition to the proposal at the public hear 1d ~~o correspondence
was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning
Commission has reviewed the request for amendment of Conditiona! Use Permit No. 3055 and approval of a
determination of public convenience or necessity to permit retail sales of alcoholic beverages for off premises
consumption in connection with a convenience market at 511 West Chapman Avenue (Near Market); and
does hereby determine that the previously approved Negative Declaration is not adequate to serve as the
required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED ihat the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by issuance of a I(cense for 511
West Chapman Avenue, because this property is Iocated in a reporting district with a crime rate 134% above
the average for the City of A~aheim and, further, that the property is located within a census tract having an
over-concentration of ABC licenses for off-premises consumption (4 allowed, 5 existing).
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March
2,1998.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A'f-fEST:
I -'~O~,rt.a.on~ta.~ So~oru.~
SECRETARY, AN. EIM CITY PLANNING COMMISSION
STATE OF GALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on March 2, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSIINICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ~~.! ,
1998.
~
SECRETARY, A HEIM CITY PLANNING COMMISSION
-2- PC98-28