Resolution-PC 99-150RESOLUTION NO. PC99-15U
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 99-05
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 905-985 NORTH V1~'EIR CANYON ROAD
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. S5R-134
estabiishing procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "pubiic convenience or necessity" on those certain applications requiring that such
determination be made by the local governing body purs~ant 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 Professions Code provides that the ABC
shall deny an appiication 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 th~t public convenience or necessity would be served by the issuance of a
license; and
WHEREAS, the City Pianning Commission of the City of Anaheim did receive
an appiication for a Determination of Public Convenience or Necessity'o on certain real
property situated in the City of Anaheim, County of Orange, State of California, described as:
PARCEL 1 OF PARCEL MAP N0. 87-416, AS SHOWN ON A MAP FILtD IN
BOOK 242, PAGES 1 THROUGH 4 INCLUSIVE OF PA;~2ACEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearin~ at the Civic Center fn
the City of Anaheim on August 16, 1999, 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 Anahefm Municipal
Code, Chapter 18.03, to hear and consider avidence for and against said proposed determfnation of public
convenience or necessity for an alcoholic beverage control license to investigate and make findings and
recommendations in connection therewith; and that said hearing was continued from the July 7 and August
2, 1999, Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behaif, and after due consideration of ail evidence and reports offered at said hea~ing, does ftnd
and determine the following facts:
1. That the Anaheim Police Department testified that this property is located within
Reporting District 1144 where the crime rate is 25 percent above the City of Anaheim average.
2. That the Department of Aicohol Beverage Control reports that tfiere are currontly
three licenses with retail sales of aicoholic beverages for off-premises consumption in this census tract and
a maximum of four off-sale licenses are permitted; and that this proposal will, therefore, not create an over
concentration of licenses and one additional ABC license is allowed in this census tract.
3. That the sale of beer and wine for off-premises consumption wil! be an accessory
use to the primary retail sales of the convenfence market and service station.
4. That based on the petitioner's letter of operation the proposed use would serve a
public convenience, which is currently not available in this census tract.
CR3719PK.DOC -l- PC99-150
5. That Conditional Use Permit No. 4100 !ta construct a service station and auto care
complex consisting of four buildings 3ncluding auto rental, lube ~dcility, automated car wash, service
station/convenience market with fast food and retail saie of beer and wine tor off premises co~sumption,
mof-mounted equipment, and with waivers was considered by the ?lanning Commission in conjunction with
this proposal and was approved, in part (roof-maunted equipment was denied and two waivers were
approved, in part).
6. That one person spoke in opposition to the proposal at the public hearing; and that
conespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIN~: That the Anaheim City
Planning Commission has reviewed the proposal to deter-nine public convenience or necessity woutd be
served by the retail sale of beer and wine for off-pramises consumption in conjunc~ion with a service statlon
and convenience market on a 3.3-acre irregularly-shaped property is located at the southwest comer of Old
Canal Road and Weir Canyon Road with frontages of 385 feet on the south side of Old Canal Road and 210
feet on the west side of Weir Canyon Road (905-985 North Weir Canyon Road); and does hereby approve
the Negative Declaration upon finding that the declaratlon reflects the indepsndent Judgment of the Iead
agency and that it has considered the Negative Declaration together with any comments received during the
public review process and further finding en the basis of the initial study and any comments received that
there is no substantial evidence that the project will have a significant effect on the environment
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby
determ(ne that the public convenience or necessity will be served by the issuance of an alcoholic beverage
("ABC") license at this location.
BE IT FURTHER RESOLVED that the Anaheim City Piann(ng Commission does hereby
find and determine trat adoption of this Resolution is expressly predicated upon applicanYs compliance with
e~ch and all of the findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meetfng of
August 16, 1993.
c~~~~.~, ~r'~'~.,
C AIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~ Cad1/UF'(.d~
SECRtTARY, A HEIM CITY PLANNING COMMISSION
CR3719PK.OOC -2- PC99-150
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 resolutlon was passed and adopted at a meeting of the Maheim City Planning
Commission heid on August 16, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: ESPING
ry~~jWITNESS WHEREOF, I have hereunto set my hand this a~ day of
_~~~~~~i n~v-~, 1999. . -
~~
SECRETARY NAHEIM CITY PLANNING COMMISSION
CR3719PKDOC -3- PC99-150