2001-046RESOLUTION NO. 2001R-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PREMISES
LOCATED AT 3085 EAST LA PALMA AVENUE,
ANAHEIM, CALIFORNIA (APPLICATION NO. 2000-
00003)
WHEREAS, pursuant to applicable provisions of the Business
and Professions Code, the Department of Alcoholic Beverage
Control (the "Department") is charged with the responsibility of
reviewing applications and issuance of licenses ("licenses") for
the sale and/or manufacture of alcoholic beverages in the State
of California; and
WHEREAS, Section 23958 of the Business and Professions Code
provides that the Department 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 as provided in Section
23958.4 of said Business and Professions Code; and
WHEREAS, Section 23958.4 of the Business and Professions
Code provides that, notwithstanding the limitations of Section
23958, the Department shall issue a license if the applicant
shows that public convenience or necessity would be served by the
issuance of such license; and
WHEREAS, said Section 23958.4 further provides that the
determination of "public convenience or necessity" shall be made
by the Department with regard to certain applications, and shall
be made by the local governing body of the area in which the
applicant premises are located with regard to certain other
applications; and
WHEREAS, as a local governing body within the meaning of
said Section 23958.4 of the Business and Professions Code, the
City Council of the City of Anaheim (hereinafter the "City
Council") has heretofore adopted Anaheim City Council Resolution
No. 95R-134 delegating determinations regarding "public
convenience or necessity" which determinations are otherwise
within the authority of the City Council to the Planning
Commission of the City of Anaheim, and establishing procedures
for the processing of such determinations, including the appeal
of such determinations to the City Council, and providing for
certain other procedural matters concerning the review and
issuance of such licenses by the Department; and
WHEREAS, the Anaheim City Planning Commission (hereinafter
the "Planning Commission") did receive an application from the
owner or operator of the premises located at 3085 East La Palma
Avenue, Anaheim, California (hereinafter the "premises") for a
determination of public convenience or necessity to permit the
sale and off-premises consumption of beer and wine in conjunction
with a gasoline service station and accessory convenience market
located on the premises (hereinafter the "application"); and
WHEREAS, the Planning Commission did hold a duly noticed
public hearing to consider said application on November 6, 2000,
and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC2000-24 denying said application and
determining that the public convenience or necessity would not be
served by the proposed sale and off-premises consumption of beer
and wine on the premises; and
WHEREAS, within the time prescribed by law, the owner or
operator of the premises did appeal the decision of the Planning
Commission to the City Council; and
WHEREAS, on February 13, 2001, the City Council did hold a
duly noticed public hearing to consider said application and did
receive and consider evidence and testimony for and against the
application, and based thereon does hereby make the findings and
determinations hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the public convenience and necessity would
be served by the issuance of a license by the Department as
requested in the application for the following reasons:
1. The premises consists of approximately 0.52 acres of
land located at the northwest corner of La Palma Avenue and
Kraemer Boulevard, in the City of Anaheim, California, and is
located in the SP94-1, DA-5 (Northwest Area Specific Plan,
Commercial Area) Zone of the City of Anaheim; and
2. The owner or operator of the premises proposes to
operate a gasoline service station and convenience market on the
premises and seeks a license from the Department to sell beer and
wine for off-premises consumption within the convenience market
proposed to be operated on the premises; and
3. The premises is located in a geographical area which
would allow only one off-sale retail license pursuant to the
provisions of Section 23958.4 of the Business and Professions
Code of the State of California due to the fact the geographical
area is primarily an industrial area with only 246 current
residents; and
4. That four off-sale retail licenses currently exist or
are pending in the geographical area in which the premises is
located; and
5. Convenience markets at gasoline service stations offer
an alternative to supermarkets for customers desiring to make
quick purchases of grocery and related items; and
6. The public convenience would be served by allowing
customers to make only one stop for grocery and related items and
to be able to purchase beer and wine items on the premises for
off-premises consumption; and
7. Sale of beer will be limited to quantities of six packs
or greater and the sale of wine coolers will be limited to
quantities of four packs or greater.
8. Other equally convenient alternatives for the purchase
of beer and wine for off-premises consumption are not currently
available in the area of the premises.
BE IT FURTHER RESOLVED that, for the reasons hereinabove set
forth, said application to determine that the public convenience
or necessity would be served by the approval of said license is
hereby approved.
THE FOREGOING RESOLUTION of the City Council of the City of
Anaheim is adopted and approved this 13th day of February, 2001.
ATTEST:
CI THE CITY OF ANAHEIM
~[AYOR OF THE CITY OF ANAHEIM
/
39024.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-46 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 13th day of February, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken,
NOES:
MAYOR/COUNCIL MEMBERS: Daly
ABSENT:
MAYOR/COUNCIL MEMBERS: None
Cl'fY CLEI:~: OF THE CITY OF ANAHEIM
(SEAL)