Resolution-PC 99-43RESOLUTION NO. PC99-43
A RESOLUTION OF TFiE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-02
FCR AN ALCOHOLIC BEVERAGE CO~TROL LICENSE
AT 2800 WEST BALL ROAD
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 es!ablishinc~
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such determination be made by
the locai governing body pursuant to applicable provisions of tre California 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 apptication for a license if issuance of that license ~•ould 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 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 P7ecessity to on certain real property situated in the City of
Anaheim, County of Orange, State of California, describ~d as:
THE EAST 195.00 FEET OF TNE NORTH 193.00 FEF_T ON THE NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHI;'V!: ST QUARTER OF
SECTION 24, TOWNSHIP 4 SOUTH, RANCE 11 WEST, IN TME RANCHO LOS
COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEOUS MAPS, IN TFiE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
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 15, 1999, at 1:30 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 that said hearing was cuntinued from the
March 1, 1999 Planning Cornrnission meeting; 2nd
WHERE ~S, said Cc,mmission, aker due inspection, investigation and study made by itself and
in its behalf, and after ~9ue consideration of all evidence and reports offered at said hearing, does find and
determine the followin~ facts:
1. That bae,ed on testimony by the Anaheim Police Department, subject property is located within
a reporting district which has a crime rate 71 % above the Ciry average and within a census tract with an over-
concentration of licenses (5 existing, 4 allowed).
2. That Conditional Use Permit No. 4102 (to convert an existing accessory automotive
repair/cashier building at an existing service station into a convenience market with retai~ sale of beer and
wine for off-premises consumption and to retain the gasoline sales and with waivers) was considered in
conjunction with this proposal and was denied.
3. That the petitioner has not demonstrated that this request would serve to benefit the public in
terms of convenience or necessity.
4. That three (3) people spoke in opposition at the public hearing and correspondence was
received ir opposition.
CR3582PK.DOC -1- PC99-43
CALIFORNIA ENVIRONMENTAi. QUALITY ACT FiNDING: That the Anaheim City Planning
Commission has reviewe~ the proposal to determine whether the public convenience or necessiry would be
served by the retail sale of beer and wine for off-premises consumption at a proposed convenience market on
a rectangularly-shaped 0~8-acre parcel iocated at the southwest corner of Ball Road and Dale Avenue with
frontages of 135 feet on the south side of Ball Road and 125 feet on the west side of Dale Avenue, and further
described as 2800 West Ball Road ( i hrifty Oil); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the i~dependentjudgment of the lead agency and that it has cons~dered
the Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence lhat
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVEG that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be s ed by the issuance of an alcoholic
beverage ("ABC") license at this location. • ,
THE FOREGOING RESOLUTION ~v,3 1 dy ~pted at the I~ ing Commission meeting of March
15, 1999. ( ~ / , ~
ATTEST:
~ ~~
SECRETARY, A HEIiN CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heid
on March 15, 1999, by the follou~ing vote of the members fhereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~, 1999. _
'~(~J ~I`~
~ SECRETAR , ANAHEIM CITY PLANNING COMMISSION
CR3582PK.DOC -2- PC99-43