2003-182RESOLUTION NO. 2003R -182
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 1056 NORTH STATE COLLEGE BOULEVARD,
ANAHEIM, CALIFORNIA (APPLICATION NO. 2003 - 00012)
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
1056 North State College Boulevard, Anaheim, California (hereinafter the "premises ") for a
determination of public convenience or necessity to permit the sale and off - premises
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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 July 28, 2003, and did receive and consider evidence and testimony
for and against the application, and following said public hearing adopted its Resolution No. PC
2003 -115 approving 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, members of the City Council did
appeal the decision of the Planning Commission to the City Council; and
WHEREAS, on September 23, 2003, 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. Property is approximately 6.9 acres, located north and east of the northeast corner
of State College Boulevard and La Palma Avenue with frontages of 460 feet on the east side of
State College Boulevard and 540 feet on the north side of La Palma Avenue (1056 North State
College Boulevard - Camiceria El Palmar); and
2. The owner or operator of the premises has applied for a license from the
Department to sell beer and wine for off - premises consumption within the convenience market
operated on the premises. This property is developed with an existing 89,450 square foot
commercial retail center with 30 tenant spaces and is zoned CL (Commercial, Limited). The
Land Use Element Map of the Anaheim General Plan designates this property for General
Commercial land uses; and
3. Conditional Use Permit No. 2001 -04433 (to establish land use conformity with
existing Zoning Code land use requirements for an existing commercial retail center, laundromat
and liquor store and to permit a convenience market) was approved by the Commission on
September 24, 2001; and
4. The premises is located in a geographical area which would allow up to four off -
sale retail licenses pursuant to the provisions of Section 23958.4 of the Business and Professions
Code of the State of California; and
5. That three off -sale retail licenses currently exist in the geographical area in which
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the premises is located; and
6. That the premises is located within Reporting District No. 1428 which has a crime
rate 30% above the City average; and
7. Convenience markets at gasoline service stations offer an alternative to
supermarkets for customers desiring to make quick purchases of grocery and related items; and
8. 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
9. 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.
10. 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 Ci Council of the City of Anaheim is
adopted and approved this 23rd day of September, 2003.
MAY OF TH OF ANAHEIM
ATTEST: '
QITY CLE K OF THE CITY OF ANAHEIM
51409.1
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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. 2003R -182 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 23rd day of September, 2003, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS:
NOES: MAYOR /COUNCIL MEMBERS
ABSTAINED: MAYOR /COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS
Pringle, Tait, Chavez, Hernandez, McCracken
None
None
None
ITY CLEFtk OF E CITY OF ANAHEIM
(SEAL)