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2001-282RESOLUTION NO. 2001R-282 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 620 N. EUCLID STREET, ANAHEIM, CALIFORNIA (APPLICATION NO. 2001-00001) 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 Cod~, 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 620 N. Euclid Street, 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 proposed to be located on the premises (hereinafter the "application"); and WHEREAS, the Planning Commission did hold a duly noticed public hearing to consider said application on June 10, 1996, and did receive and consider evidence and testimony for and against the application, and following said public hearing adopted its Resolution No. PC2001-0148 denying said application and determining that the public convenience or necessity would 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 City Council, on it own action, did appeal the decision of the Planning Commission to the City Council; and WHEREAS, on November 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 t 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 an 8.82 acre, rectangularly- shaped property is located at the northeast corner of Euclid Street and Crescent Avenue with frontages of 635 feet on the east side of Euclid Street and 621 feet on the north side of Crescent Avenue (620 North Euclid Street - Smart and Final Stores). 2. The property is zoned CL (Commercial, Limited) and the Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. The property is also located within the Plaza Project Redevelopment Area. 3. Smart and Final stores cater to a wholesale clientele and offer bulk sales of products and goods to the general public. The sale of alcoholic beverages is a normal part of the Smart and Final store operation and comprises less than 10 percent of gross sales. 4. The property is located within Census Tract 866.02 which allows 3 licenses with 7 existing. This census tract lies within a large retail corridor. Due to the retail verses residential nature of this tract, 'off-premise licenses exceed the allowable number established by ABC through population densities. Other census tracts with higher population densities are afforded a higher allowance of off-premise liquor licenses but often have few large retail opportunities. Due to the unique wholesale nature of this market and the unique commercial corridor setting, staff feels that the sales of alcoholic beverages at this location does offers a public convenience or necessity and therefore, recommends approval of this request. 5. Due to the unique nature of this wholesale and bulk sales market the sales of alcoholic beverages does offer public convenience or necessity. 6. The large retail area of this census tract creates a higher need for sales of alcoholic beverages for off-premise consumption not reflected in population densities that establish the allowable number of off-premise ABC licenses. Further, that an existing Type 21 license would be transferred to the new location thereby not impacting or increasing the overall number of ABC licenses for the city. 7. The petitioner has demonstrated that this request would serve to benefit the public in terms of convenience or necessity by providing an additional convenient shopping amenity at one location as is normal and customary in the operation of this business. 8. Other equally convenient alternatives for the purchase of alcoholic beverages for off-premises consumption are not currently available in the area of the premises. BE IT FURTHER RESOLVED that, for the reasons hereinab0ve set forth, said application to determine that the public convenience or- necessity would be served by the approval of said license is hereby approved subject to the following conditions: 1. That the hours of operation shall be limited to 7 a.m. to 10 p.m. daily. 2. That the existing Type 21 liquor license for 1751 West Lincoln Avenue shall be transferred to 620 North Euclid Street. 3. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 4. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building and that any such advertising shall not be audible (interior or exterior) . 5. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 6. That no alcoholic beverages shall be consumed on the premises. 7. That the areas of alcoholic beverages display shall not exceed twenty-five (25) percent of the total display area in the building. 8. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 9. Deleted. 10. That no exterior vending machines shall be permitted. 11. That no video, electronic or other amusement devices or games shall be permitted on the premises. 12. That roof-mounted balloons or other inflated devices shall not be permitted. 13. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. 14. That no window signage shall be permitted. 15. That the parking lot servicing the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate adjacent properties. 16. That there shall be no public telephones maintained on the property that are located outside of the building and within the control of the applicant. 17. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of "graffiti" within twenty-four (24) hours from time of occurrence. 18. That all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. 19. That 3-foot high address numbers shall be displayed on the "roofs" in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. 20. That prior to the operation of this business, a valid "business license" shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 21. That a letter requesting termination of Conditional Use Permit No. 3723 (to permit a temporary bank and office building with waiver of minimum landscape requirements, minimum parking lot landscaping, and required landscaped setback abutting a residential zone boundary) shall be submitted to the Zoning Division. 22. That prior to commencement of activity authorized by this resolution or within one (1) year from the date of this resolution, Condition Nos. 2, 19, 20 and 21, above-mentioned shall be complied with. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION of the City Council of the City of Anaheim is adopted and approved t~~43 er, 2001. OF OF A~ LiM ATTEST: ~ C%TY CLERK OF THE CITY OF ANAHEIM 42509.1 5 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. 2001 R-282 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of November, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)