Resolution-PC 99-45RESOLUTION NO. PC99-45
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATIQN OF PUBLIC CONVENIENCE OR NECESSITY NO. 93-04
FOR AN ALCOHOLIC SEVERAGE CONTROL LICENSE
AT 31 Q1 EAST LA PALMA AVENUE
WHEREAS, on July 11, 1995, the City Council adopted Resolutien No. 95R-134 establishing
procedures 2nd delegating ceriain responsibilities to the Planning Commissior.. relating to the determination of
"public convenience or necessity" on those certain applications requiring thai such determination be made by
the local governing body pursuant to applicable provisions of the California Business and Professions Code,
and prio~ to the issuance of a license by tFie Department of Alcoholic Beverage Control ("ABC"); and
inlHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shail
deny an applica~ion 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 that public convenience or necessity would be serv2d by the issuance of a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did recei~~e an application for
a Determination of Public Convenience or Necessity io on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCEL 1 A SHOWN ON A MAP FILED IN BOOK 43, PAGE 9 OF PARCEL
tv1APS IN THE 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 auly 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 controi license to investigate and make findfngs
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 aIl evidence and reports offered at said hearing, does find and
determine the following facts:
1. 7hat based on testim~ny by the Anaheim ~olice Department, an additional ABG license in the
underlying Ce;isus Tract No. 117.14 would create an undue over-concentration of licenses in this area (1
permitted; 2 currently issued), and further that subject property is located in a reporting district which has a
crime rate 22'3% above the City average.
2. That Conditional Use Permit No. 4104 (to convert an existing automotive repair/cashier
B;~ilding at an ex~sting service station into a convenience market with retail sale of beer and wine for off-
premise; consumption and to retain the gasoline sales and with waivers) was considered in conjunction with
this proposal and was denied.
3. That the Community Development recommended denial of this request based on
incompatibility with the goals of the Redevelopment Plan.
4. That the petitioner has not demonstrated that this request would serve to benefit the public in
terms of convenience or necessity.
5. That no one spoke in opposition at the public hearing, but that two letters were received in
opposition.
CR3584PK.DOC -1- , PC93-45
CALIFORNIA ENVIFtONfiAENTAL UALITI' ACT FiNDING: That the Anaheim City Planning
Commissier. has reviewed the propasal to determine whether the public convenience or necessity would be
served by the retail sale of beer and wine for off-premises consumption at a proposed convenience market on
a 0.51-acre rectangularly-shaped property located at the northeast corner of La Palma Avenue and Kraemer
Boulevard with rrontages of 125 feet on the north side of La Palma Avenue and 125 feet on the east side of
Kraemer Bouievard, and further described as 3101 East La Paima Avenue (Arco Service Station); and dces
hereby approve the Negative Declaration upon fnding that the declaration reflects the independent judgment
of the lead agency and that it has considered 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 commenQs
received that there is r.o substantial evidence that the project will have a significant effect on the environment.
I30W, THEREFORE, BE IT RESOI_VED that the Anaheim City Planning Commission does
hereby determine that the public convenience or necessity will not be served by the issuance of an alcoholic
beverage ~,4BC) license at this locakion.
THE FOREGOING RESOLUTION vy~~ a~~ d at~ he I nning Commission meeting of March
15, 1999. ( ~~ ,
ATTEST:
SECRETARY,~ C~~ NING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solori~, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that
the forec~oing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on March 15, 1999, by the following vate of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYO~TUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
IN WITNESS WHEREOF, i have hereunto set my hand this ~_ day of
_ ~~~~~ 1999.
a,e~ ~~v~ol~.'o'
SEC~R TARY NAHEIM CITY pLANNING COMMISSION
CR3584PK.DOC -2- PC99-45