Resolution-PC 99-41RE50LUTION NO. PC99-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENGE OR NECESSITY NO. 99-01
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 300 SOUTH BROOKHURST STREET
WHEREAS, on Juiy 11, 1995, the Ciry Council adopted Resolution No. 95R-134 establishing
procedures and deleya;ing ~ertain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain appl;catior~s requiring that such determination be made by
the local governing body nursuant to applicabie provisions oF the California Business and Professions Code,
and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"); and
WHEREAS, Section 7_3958 of the Business and Professions Code provides that the ABC shall
deny an application for a Iicense if issuance of that license would tend to creato a Iaw enforcement problem, or
if issuance would result (n 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 rer,eive an application for
a Determinatio~ ~ of Pubiic Convenience or Necessity for retail sales of beer and wine for off-premises
consumption within the proposed convenience market on ce~tain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
THE WEST 210.00 FEET OF THE NORTH 195.00 FEET OF LOT 4 IN BLOCK B OF
TRA~T NO. 13, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12 OF
MISCELLANEOUS NiAPS, RFCORDS OF ORANGE COUNTY, CALIFORNIA.
SAID MEASUREMENTS BEING FROM THE CENTER LINE OF BROOKHURST
STREET OhJ THE WEST AND FROM THE CENTER LINE OF BROADWAY (OLD
COUNTRY ROAD) ON THE NORTH AS SHO~VN ON SAID MAP.
WHEREAS, the City Plannfng Commission of the C(ly Of Anaheim did hold a public hearing at
the Civic Center in the City of Anaheim on March 15, 1999, at 1:30 p.m., notice of said public hearing having
been duly given as required Resnlution 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 lherewilh; and that said hearing was continued from the Ma~ch 1, 1999
Planning Commission meeting; and
WNEREAS, said Commission, aker due inspection, investigation and study made by itsel( and
in its behalf, and after due consideration c,F all evidence and reporls offered at said hearing, does find and
determine the following facts:
1. That based on testimony by the Anahnim Poiice Department, an additional ABC license in the
underlying Census Tract No. 871.03 would create an undue over-concentration of licenses in this area (5
permitted, 9 currently issued); and, further, that the cubject property is located in Reporting Distric! No. 1720
which has a crime rate 28% above the City average.
2. That the Community Development Department recommends denial of this request based on
incompatibility wi:h the goals of the Redevelopment Plan.
3. That Condilional Use Permit No. 4101 (to convert an existing automotive repair/cashier building
at an existing se~vice station into a convenience market with retail sale of beer and wine for off-premises
consumption, and to retain the gasoline sale, and with waivers) was considered in conjuncUon with this
proposal and was denied.
CR3580PK.DOC -1- PC99-41
4. That the petitioner has not demonsVated tha; this request would serve to benefit the public in
terms of convenience or necessity.
5. That two (2) people spoke in opposition to tiie proposal at the public hearing and that
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUA±.ITY ACT FINDING; That lhe Anaheim City Planning
Commission has reviewed the proposai to determi~ ~ ~~ :~hether the p~~blic convenience or necessity wauid be
served by :he retail sale of beer anC wine for off-p~ c ~ iises consumption at a proposed convenience market on
a 0.51-acre rectangularly-shaped property locatec! r,t'he southeast comer of Braadway and Brookhurst Stree±,
with fror~tages of 135 feet on the south side of Br~adway and 135 feet on the east side of Brookiwrst Street,
and further described as 300 South Brookhurst Street (Thrifty Oil); and does hereby approve the Negative
Deciaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the Negative Deciaration together with any comments received during the public review
process and further finding on the bas(s 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 Anaheim City Planning Commission does
hereby cetermine that the public convenience or necessity will ~ot be served by the issuance uf ar. alcoholic
beverage ("ABC") license at this location. ~-~
THE FOREGOING RESOLUTION ad pte8 at the P niy~g Commission meeting of March
15, 1999. ~ /
.~ ,; (~~~ ,
ATTEST:
~~ R~c.6'
SECRETARY, A 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 he~eby certify that
the foregoing resoiution was passed and adopted at a meoting ot~ the :4naheim Ciry Planning Commission held
on March 15, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWlCK, BOYDSTUN, BRISTOL, ESPING, KUOS, NAPOI,ES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
• IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~, 1999. ,
~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
CR3i80PK.DOC -Z- PC99•41