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Resolution-PC 2010-094RESOLUTION NO. PC2010 -094 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00071 (2162 WEST LINCOLN AVENUE) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing 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 local governing body pursuant 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 ABC shall deny an application 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 served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit the expansion of a Type 48 Alcoholic Beverage Control license to permit the sales of alcoholic beverages for on- premises consumption in conjunction with an existing bar on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 27, 2010, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", 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 following facts: 1 PC2010 -094 1. That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district that has a crime rate above the average and has an over - concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Census Tract No. with a population of 4,890 that allows for three off sale ABC licenses and there are presently six licenses in the tract; and, nine on -sale licenses and there are presently nine in the tract. Police Reporting District No. 1720 has a crime rate that is 128% above the city average based on reported calls of service, thereby necessitating subject determination of pubic convenience or necessity. The crime rate within a VI mile radius of this site is 235% above the citywide average. The high crime rate and overconcentration of alcohol licenses in this area was one of the principal reasons that led td the creation of the Brookhurst Commercial Corridor Overlay Redevelopment Project Area. 4. That the expansion of the existing legal nonconforming bar with on- premises alcohol sales would have an adverse affect on the single - family residential land uses, located south of and directly adjacent to the bar, as the result of increased traffic and noise associated with the expansion of the existing premises from about 1,460 square feet to about 2,695 square feet. 5. That the traffic generated by the expanded bar will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the site does not have sufficient parking on -site and in order to meet code required parking the applicant proposes to enter into shared parking agreements with surrounding property owners, including use of the parking lot to the west of subject property to the detriment of the adjacent single - family residences. 6. That the location of the parking for the expanded bar may be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim due to this location's proximity to residential property to the south. The expanded bar is proposing to use adjoining parking for a portion of the code required parking with a number of parking spaces that are located directly adjacent to or in close proximity to the sides and rear of several single - family residences to the south. The adjacency of the proposed parking area to theses residences would create a significant negative impact on these properties due to the noise created by voices, car stereos and alarms, and engine noise. - 2 - PC2010 -094 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will not be served by the license for the expanded bar for the on -sale of alcoholic beverages at this location. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in tV event of an appeal. A'I'1EST: SENIOR SE RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 held on September 27, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, KARAKI, RAMIREZ NOES: COMMISSIONERS: PERSAUD, SEYMOUR ABSENT: COMMISSIONERS: AMENT, FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 27` day of September, 2010. CHAIRMAN PRO- FEMPORE ANAHEIM CITY PLANNING COMMISSION SENIOR SECI TARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010 -094 I I APN: 128- 011 -031 N So 100 l CHCRR'•WOOD LN EXHIBIT "A" DEV2010 -00128 W LINCOLN AVE 115' 0 0 tn 115' W LINDSAY RD j ri W CHERRYWODD LN 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11009 - 4 - PC2010 -094