2002-234RESOLUTION NO. 2002R-234
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 200'328 NORTH
BEACH BOULEVARD AND 2951-2961 WEST LINCOLN
AVENUE {DETERMINATION NO. 2002-00008)
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 the 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 a 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
200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue,
Anaheim, California (hereinafter the "premises") for a
determination of public convenience of necessity to permit the
sale and off-premises consumption of beer, wine and spirits
(Type 21 License) in conjunction with a proposed grocery store to
be located on the premises (hereinafter the "application"); and
WHEREAS, the Planning Commission of the City of Anaheim
did receive an application for a Determination of Public
Convenience or Necessity on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
esl
200 BEACH BOULEVARD
PARCEL 1: THAT PORTION OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP
4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CIT OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN
ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31'
45 EAST FROM A POINT ON THE WEST LINE OF SAID
SECTION WHICH IS NORTH 0' 12' 15" WEST 609.52
FEET FROM THE SOUTHWEST CORNER OF SAID
SECTION.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 290.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN THE FINAL ORDER OF CONDEMNATION IN FAVOR
OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER
8, 1999 AS INSTRUMENT NO. 19990777736,
OFFICIAL RECORDS.
PARCEL 2: THE SOUTH 290.00 FEET OF THE WEST
HALF OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON MAP THEREOF RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST
205.00 FEET THEREOF, AS MEASURED FROM THE
SECTION LINES.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN THE FINAL ORDER OF CONDEMNATION IN FAVOR
OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER
8, 1999 AS INSTRUMENT NO. 1999-77736,
OFFICIAL RECORDS.
220 BEACH BOULEVARD
PARCEL 1: THE NORTH 155.48 FEET OF THAT
PORTION OF THE WEST HALF OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF TE SOUTHWEST QUARTER
OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS
SOUTH 89' 31' 45" EAST FROM A POINT ON THE
WEST LINE OF SAID SECTION WHICH IS NORTH 0'
12' 15" WEST 765.00 FEET FROM THE SOUTHWEST
CORNER OF SAID SECTION. EXCEPT THAT PORTION
THEREOF DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093
PAGE 534 OFFICIAL RECORDS.
PARCEL 2: AN EASEMENT DRIVEWAY PURPOSED TO BE
USED IN COMMON WITH OTHERS OVER THE SOUTH 15
FEET OF THAT PORTION OF THE WEST HALF OF THE
WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SAID SECTION IS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, LYING
NORTHERLY OF A LINE WHICH BEARS SOUTH 89' 31'
45" EAST FROM A POINT OF THE WEST LINE OF
SAID SECTION WHICH IS NORTH 0' 12' 15" WEST
765.00 FEET FROM THE SOUTH WEST CORNER OF
SAID SECTION.
EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA RECORDED MAY 28,
1941 IN BOOK 1093 PAGE 534, OFFICIAL RECORDS.
222 BEACH BOULEVARD
PARCEL A:
PARCEL 1: THAT PORTION OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION; THENCE NORTH 0' 12' 15" WEST 765.00
FEET ALONG THE WEST LINE THEREOF; THENCE
SOUTH 89' 31' 45" EAST 226.91 FEET TO THE
WEST LINE OF THE EAST 105.00 FEET OF SAID
WEST HALF OF THE WEST HALF AND THE TRUE POINT
OF BEGINNING; THENCE NORTH 0' 11' 56"WEST
140.00 FEET ALONG SAID WEST LINE; THENCE
NORTH 89' 31' 45" WEST 188.52 FEET TO A POINT
ON A CURVE IN THE EAST LINE OF BEACH
BOULEVARD, AS DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA, RECORDED IN BOOK 1093,
PAGE 534 OF OFFICIAL RECORDS, SAID CURVE
BEING CONCAVE WESTERLY HAVING A RADIUS OF
2582.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 83' 17' 42" EAST; THENCE SOUTHERLY
140.68 FEET ALONG SAID CURVE AND SAID
EASTERLY LINE TO A POINT WHICH BEARS NORTH
89' 31' 45" WEST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89' 31' 45" EAST
176.40 FEET TO SAID TRUE POINT OF BEGINNING.
PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR
INGRESS, EGRESS AND DRIVEWAY PURPOSES OVER
AND ACROSS THAT PORTION OF THE WEST HALF OF
4
THE WEST HALF OC THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION; THENCE NORTH 0' 12' 15" WEST 765.00
FEET ALONG THE WEST LINE THEREOF THENCE SOUTH
8' 31' 45" EAST 226.91 FEET TO THE WESTLINE
OF THE EAST 105.00 FEET OF SAID WEST HALF OF
THE WEST HALF AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0'11' 56" EAST 15.00
FEET; THENCE NORTH 89' 31' 45" WEST 175.00
FEET TO A POINT ON A CURVE IN THE EASTERLY
LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED IN
BOOK 1093, PAGE 534, OFFICIAL RECORDS, SAID
CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS
OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 86' 45' 02 EAST; THENCE NORTHERLY 15.03
FEET ALONG SAID CURVE AND SAID EASTERLY LINE
TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST
FROM THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'31'45" EAST 176.40 FEET TO SAID TRUE
POINT OF BEGINNING.
300 BEACH BOULEVARD
THAT PORTION OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 11, MISCELLANEOUS NLAPS, RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW:
BEGINNING AT THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTH 0' 11' 30" EAST 358.36 FEET
ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER; OF THE SOUTHWEST QUARTER TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 89' 31' 00"
EAST 331.78 FEET; THENCE SOUTH 0' 11' 11"
EAST 80.01 FEET; THENCE NORTH 89' 31' 00"
WEST 105.00 FEET; THENCE NORTH 0' 11; 11"
WEST 15.01 FEET; TH4NCE NORTH 89' 31' 00"
WEST 226.92 FEET TO THE WESTLINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID WESTLINE NORTH 0' 11' 30"
WEST 65 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY
28, 1941, IN BOOK 1093, PAGE 534, OFFICIAL
RECORDS;
TO BE KNOWN AS PARCEL "C" OF PARCEL MAP 80,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA.
308 & 314 BEACH BLVD.
PARCEL 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42,
PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
RESERVING THEREFROM, A NON EXCLUSIVE EASEMENT
FOR VEHICULAR AND PEDESTRIAN RIGHT OF WAY,
ON, OVER AND ACROSS THAT PORTION THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
PARCEL B; THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL B, SOUTH 89' 31' 00" EAST 50.00
FEET; THENCE PARALLEL WITH THE WESTERLY LINE
OF SAID PARCEL B, NORTH 0' 11; 30 WEST 90.00
FEET TO THE NORTHERLY LINE OF SAID PARCEL B;
THENCE, ALONG SAID NORTHERLY LINE, NORTH 89'
31' 00" WEST 25.00 FEET; THENCE SOUTH 0'11'
30" EAST 60.00 FEET; THENCE NORTH 89' 31' 00"
WEST 25.00 FEET TO SAID WESTERLY LINE; THENCE
ALONG SAID WESTERLY LINE, SOUTH 0' 11' 30"
EAST 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS FOR INGRESS AND EGRESS TO
AND FROM THE HEREINABOVE DESCRIBED PARCEL 1,
ON, OVER AND ACROSS THAT PORTION OF PARCEL D
AS SHOWN ON A MAP FILED IN BOOK 34, PAGE 35
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID
PARCEL D; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH 0' 11' 11" WEST 70.00 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL D;
THENCE, ALONG THE NORTHERLY LINE THEREOF,
NORTH 89' 31' 00" WEST 39.42 FEET; THENCE
SOUTH 0' 29' 00" WEST 70.00 FEET TO A POINT
ON THE SOUTHERLY LINE OF SAID PARCEL D,
DISTANT THEREON 40.24 FEET FROM THE POINT OF
BEGINNING; THENCE, ALONG SAID SOUTHERLY LINE,
SOUTH 89' 31' 00" EAST 40.24 FEET TO THE
POINT OF BEGINNING.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO
AND FROM THE HEREINABOVE DESCRIBED PARCEL 1,
IN, OVER AND ACROSS THAT PORTION OF PARCEL C
AS SHOWN ON A MAP FILED IN BOOK 13, PAGE 37
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID
PARCEL C; THENCE ALONG THE NORTHERLY LINE
THEREOF, NORTH 89' 31' 00" WEST 40.24 FEET;
THENCE SOUTH 0' 29' 00" WEST 40.00 FEET;
THENCE, PARALLEL WITH THE NORTHERLY LINE OF
SAID PARCEL C, NORTH 89' 31' 00" WEST 255.75
FEET TO THE WESTERLY LINE OF SAID PARCEL 2;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE,
(BEING A CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 2582.00 FEET), AN ARC DISTANCE OF
25.21 FEET TO THE SOUTHWEST CORNER OF PARCEL
C: THENCE, ALONG THE SOUTHERLY LINE THEREOF,
SOUTH 89' 31' 00" EAST 165.52 FEET TO AN
ANGLE POINT IN THE BOUNDARY OF PARCEL C;
THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH
0 11' 11' EAST 15.01 FEET TO AN ANGLE POINT
THEREON, THENCE, CONTINUING ALONG SAID
BOUNDARY, SOUTH 89' 31' 00" EAST 105 FEET TO
THE SOUTHEAST CORNER OF SAID PARCEL C:
THENCE, ALONG THE EASTERLY LINE THEREOF,
NORTH 0' 11' 11" WEST 80.01 FEET TO THE POINT
OF BEGINNING.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO
AND FROM THE HEREINABOVE DESCRIBED PARCEL 1,
ON, OVER AND ACROSS THAT PORTION OF PARCEL A
AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID
PARCEL A: THENCE, ALONG THE NORTHERLY LINE
THEREOF, NORTH 89' 41' 20" EAST 50 FEET:
THENCE, PARALLEL WITH THE WESTERLY LINE OF
SAID PARCELS A AND B, SOUTH 0 11' 30" EAST
102.23 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL A; THENCE, ALONG SAID SOUTHERLY LINE,
NORTH 89' 31' 00" WEST 25.00 FEET; THENCE
NORTH 0' 11' 30" WEST 63.89 FEET; THENCE
SOUTH 89' 41' 20" WEST 25.00 FEET TO THE
WESTERLY LINE OF SAID PARCEL A; THENCE, ALONE
SAID WESTERLY LINE NORTH 0' 11' 30" WEST 38
FET TO THE POINT OF BEGINNING.
PARCEL 5:
AN EXCLUSIVE EASEMENT FOR AUTO PARKING, AND
THE VEHICULAR AND PEDESTRIAN USES INCIDENTAL
THERETO, ON, OVER AND ACROSS THAT PORTION OF
PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42,
PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID
PARCEL A; THENCE, ALONG THE EASTERLY LINE OF
SAID PARCEL A, NORTH 0' 11' 11" WEST 37.50
FEET; THENCE NORTH 89'31' 00" WEST 46.00
FEET; THENCE SOUTH 0' 11' 11" EAST 37.50 FEET
TO THE SOUTHERLY LINE OF SAID PARCEL A;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89'
31' 0" EAST 46.00 FEET TO THE POINT OF
BEGINNING.
320 BEACH BOULEVARD
PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY 2951-2961 LINCOLN AVENUE
LOTS 2 TO 17 INCLUSIVE OF TRACT NO. 11830, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 540, PAGES 14, 15, 16 AND 17 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
BRACA_MONTE PROPERTY
THE LAND REFERRED TO IN THIS POLICY IS
SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED
AS FOLLOWS:
PARCEL 1: THE EAST 165 FEET OF THE WEST 495
FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
M~APS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
SAID EAST HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 12
BEING DESCRIBED AS COMMENCING AT A POINT IN
THE SOUTH LINE OF SAID SECTION, NORTH 89'41'
EAST 662.75 FEET FROM THE SOUTHWEST CORNER
THEREOF; THENCE NORTH 0' 13' WEST 1328.09
FEET TO A POINT, THENCE NORTH 89' 41' 10"
EAST 663.44 FEET TO A POINT; THENCE, SOUTH 0'
14' 45" EAST 1328.00 FEET TO A POINT; THENCE
SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE
OF BEGINNING.
THAT PORTION OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGEll WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE SOUTHLINE OF SAID
SECTION, NORTH 89' 41' EAST 662.75 FEET FROM
THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'
13' EAST 1328.09 FEET TO A POINT; THENCE
NORTH 89' 41' 10" EAST 663.44 FEET TO A
POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05
FEET TO A POINT; THENCE SOUTH 89' 41' WEST
662.75 FEET TO THE PLACE OF BEGINNING.
EXCEPT THE WEST 495.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF
THE SOUTH 155 FEET OF THE EAST 29 FEET.
ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET.
PARCEL 3:
THE NORTH 726.00 FEET OF THAT PORTION OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
COMMENCING AT A POINT IN THE SOUTH LINE OF
SAID SECTION, NORTH 89' 41' EAST 652.75 FEET
FROM THE SOUTHWEST CORNER THEREOF; THENCE
NORTH 0'13' WEST 1328.09 FEET TO A POINT;
THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO
A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05
FEET TO A POINT, THENCE SOUTH 89' 41' WEST
662.75 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE WEST 495 FEET.
PARCEL AN UNDIVIDED ~ INTEREST IN THE NORTH
50 FEET OF THE SOUTH 155 FEET OF THE EAST 28
FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE
SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH A LIKE INTEREST IN
THE WATER WELLS, PUMPING PLANT AND EQUIPMENT
SITUATED THEREON.
ALSO EXCEPTING ALL SUBSURFACE WATER RIGHTS,
AS DEDICATED TO THE CITY OF HUNTINGTON BEACH
ON THE MAP OF SAID TRACT; and
WHEREAS, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on September
9, 2002, at 1:30 p.m., 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 18.03, 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, following the completion of said public
hearing, the Planing Commission did adopt its Resolution No.
PC2002-139 finding and determining that the public convenience
and necessity would be served by the issuance of a Type 21
License by the Department for the premises herein described; and
WHEREAS, within the time permitted by law, the decision
of the Planning Commission was appealed to, or caused to be
reviewed by, the City Council pursuant to the procedures set
forth in City Council Resolution No. 95R-134; and
WHEREAS, the City Council did hold a duly noticed
public hearing on November 5, 2002, to hear and consider evidence
for and against said proposed determination of public convenience
or necessity and to make certain determinations and findings in
connection therewith.
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 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 and 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 sales of alcoholic beverages shall not exceed
thirty five percent (35%) of the gross sales of all retail sales
during any three (3) month period. The applicant shall maintain
records on a quarterly basis showing the separate amounts of
12
sales of alcoholic beverages and other items. These records
shall be subject to audit, and made available, when requested by
any City of Anaheim official during reasonable business hours.
2. That no advertising of beer or wine shall be located, placed
or attached to any location outside the building; and that any
such advertising shall not be audible (interior or exterior).
3. That no alcoholic beverages shall be consumed on the
premises.
4. That the applicant shall be responsible for maintaining the
premises free of litter at all times.
5. That no display of beer or wine shall be located outside the
building or within five (5) feet of any public entrance to the
building. Said information shall be specifically shown on plans
submitted for building permits.
6. That the areas of beer or wine displays shall not exceed
twenty five percent (25%) 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 twenty one (21) years of age shall sell
or be permitted to sell any beer or wine.
9. 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.
10. 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 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 Planning Commission 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
13
licenses.
11. That prior to the issuance of a building permit, or within a
period of two (2) years from the date of this resolution,
whichever occurs first, Condition Nos. 5 and 10, above-mentioned,
shall be complied with.
12. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning
Commission does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance
with each and all of the findings hereinabove set forth.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of November,
2002.
MAYOR OF THE
ATTEST:
CiTY CL~RK O~ THE CITY OF ANAHEIM
47314.1
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. 2002R-234 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 5th day of November, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
~ITY CLEI~'K OF HE CITY OF ANAHEIM
(SEAL)