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2002-193RESOLUTION NO. 2002R-193 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 650 NORTH EUCLID STREET, ANAHEIM, CALIFORNIA (APPLICATION NO. 2002-00006} 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 650 North 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, wine and spirits (Type 21 License) in conjunction with a proposed 54,087 square foot market 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, and did receive and consider evidence and testimony for and against the application, and, on June 17, 2002, following said public hearing adopted its Resolution No. PC2002-91 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, wine and spirits (Type 21 License) 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 August 20, 2002, 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 or necessity would be served by the issuance of a Type 21 License by the Department for the sale and off-premises consumption of beer, wine and spirits, as requested in the application, for the following reasons: 1. The proposed business is a 54,087 square ft. full service supermarket intended to offer a wide variety of grocery, produce and other products normally found in any supermarket of comparable size. 2. The proposed site of the supermarket is located in the CL Commercial, Limited) Zone of the City which Zone expressly permits markets as a primary use and, in markets of over 15,000 square feet, expressly allows the sale of alcoholic beverages for off-premises consumption as a permitted accessory use. 3. Alcoholic beverages for off-premises consumption are products customarily offered for sale in any supermarket of comparable size and character in California. 4. Sale of alcoholic beverages in supermarkets is a convenience to customers because it permits one stop shopping for food, grocery and beverage purchases. 5. The proposed application is for the accessory sale of alcoholic beverage products in a full service supermarket rather than an establishment catering solely to the sale of alcoholic beverages for either on-premise or off-premise consumption (such as a tavern or liquor store). 6. No evidence has been presented that permitting the sale of alcoholic beverages for off-premises consumption in a full service supermarket increases the crime rate in the reporting district of the supermarket. 7. The proposed site is located within Census Tract No. 866.02 which allows up to four off-sale licenses pursuant to regulations of the Alcoholic Beverage Control Board. While there are eight existing off-sale licenses in the census tract, five of such licenses are for markets; only three of the existing licenses are for liquor stores. 8. Approval of this application, subject to the conditions proposed, would not increase the number of licensed off-premises establishments in the City of Anaheim. 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 subject to compliance with each and all of the following conditions: 1. That the hours of operation shall be limited to 6 a.m. to 12 midnight daily. 2. 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. 3. 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). 4. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 5. That no alcoholic beverages shall be consumed on the premises. 3 6. That the areas of alcoholic beverages display shall not exceed twenty-five (25) percent of the total display area in the building. 7. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 8. That no person under 21 years of age shall be permitted to sell alcoholic beverages. 9. That no exterior vending machines shall be permitted. 10. That no video, electronic or other amusement devices or games shall be permitted on the premises. 11. That roof-mounted balloons or other inflated devices shall not be permitted. 12. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. 13. That no window signage shall be permitted. 14. 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. 15. 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. 16. 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. 17. That all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. 18. 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. 19. 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. 20. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3833 (to permit an outdoor garden center) to the Zoning Division. 21. That prior to commencement of activity authorized by this resolution or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 14, 15, 19, 20 and 21, above-mentioned shall be complied with. 22. That, in order to not increase the number of alcohol licenses within the City of Anaheim, the applicant shall obtain and transfer to the subject premises an existing alcohol license of the same type as to be operated on the subject premises (Type 20 or Type 21) which license shall be transferred from a location in the City of Anaheim. In the event the applicant first acquires and transfers a Type 20 License to the premises from another location in the City of Anaheim, the applicant may thereafter at any time acquire and transfer a Type 21 License to the premises from another location in the City of Anaheim without further action of the City. This resolution shall be deemed, and is intended by the City Council as, the determination of public convenience or necessity as may be required pursuant to Section 23958.4 of the Business and Professions Code of the State of California for either, or both, of such alcoholic beverage licenses. 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 this 20th day of August, 2002. ATTEST: ~--- ERK ~F THE-C71+f O~ ANAHEIM 4 6332.1 MAYOR^OF THE CITY OF ANAHEIM PRO TEM 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. 2002R-193 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait and Kring NOES: MAYOR/COUNCIL MEMBERS: Feldhaus ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Daly (SEAL)