Resolution-PC 2002-139~ ~
RESOLUTION NO. PC2002-139
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00008
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
WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the
Department of Alcoholic Beverage Control (the "DepartmenY') 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
necessit~' 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
W HEREAS, 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 Ciry 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 Ana!?eim did rsceive ar applica#~on €or a
Determination of Public Convenience or Necessity on certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
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 SOTHERLY OF A LINE WHICH BEARS SOUTH
CR5461 DM -1- PC2002-139
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89° 31' 45 EAST FROM A POINT ON THE WES7 LINE OF SAID SECTION WHlCH 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 CONTY
RECORDER OFSAID 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
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C~N€Mf~tATl"ON IN FAVOR OF THE STATE OF ~ALIFORNIA, 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 SHWON 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 0~1El~ THE SQUT!-~ ~5 FEET OF Tl~AT'POP.TlO~f Or T~-OE WEST FiALF OF TiiE 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 SEARS 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.
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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° 34' 45" EAST 176.40 FEET TO SAID
TRUE POINT OF BEGINNING.
PARCEL 2: A NON-EXCLUSIVE _EASEMENT_, FQR INGBESS, EG.RESS AND. D-RIV~WAY -
PURPOSES OVER AND ACROSS THAT PORTION OF THE WEST HALF OF 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 EASTERLYLINE 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; TNENCE NORTHERLY 'l5.03 FEET ALONG SAID CURVE AND SAID EASTERLY
LINE TO A POINT WHICH BEARS ORTH 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
YTHE 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 MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW:
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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 WEST LINE
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 ANAHEM, 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 WESTERY 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
NORH 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 iVON-EXCLUSiVE EASENfENT, TO ~~ 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 NORTHERLYLINE THEREOF, NORTH 89° 31' 00"
WEST 39.42 FEET; THENCE SOUTH 0° 29' 00" WEST 70.00 FEET TO A POINT ON THE
SOUTHELY LINE OF SAID PARCEL D, DISTANT THEREON 40.24 FEET FROM THE POINT OF
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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 HERINABOVE 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° '44' 11" WEST 80.01 FEET TO THE PQINT OF
BEGINNING.
PARCEL 4: _ _
A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMOM WITH OHTERS, 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 WESTEftLY 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
PEDESTRIANUSES 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 ORAfVGE 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 POOINT OF BEGINNING.
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320 BEACH BOULEVARD
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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.
BRACAMONTE 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 MAPS, 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° 4fi' 10" EAST 663.44 F~~T TO A POTNT; THENCE, S~UTH 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, RANGE11 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 THESOUTHWEST CORNER THEREOF; THENCE NORTH 0° 13' EAAST 1328.09
FEET TO A OINT; 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 ~XCE~'T!!VG Ty~RE~ROM THE N~RTH 50 FEET OF THE SOUTH 155 FEE i OF I HE EASI"
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
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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 %2 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
QUARTYER 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.
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
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim that
th~ ~ubtic convenience or necessify would 6e 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 afcoholic 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 Atcoholic 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.
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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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission
has reviewed the proposal to determine public convenience or necessity to permit retail sales of alcoholic beverages
for off-premises consumption within a proposed grocery store on a site that consists of multiple properties with a
combined area of approximately 30 acres and is located north and east of the northeast corner of Beach Boulevard
and Lincoln Avenue, having a frontage of 1,150 feet on the east side of Beach Boulevard and 490 feet on the north
side of Lincoln Avenue (200 - 328 North Beach Boulevard and 2951 - 2961 West Lincoln Avenue); and does
hereby approve the Final Environmental Impact Report For The West Anaheim Commercial Corridors
Redevelopment Project and Addendum and Mitigation Monitoring Plan No. 119 upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the environmental documentation
together with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a significant effect
on the environment.
NOW THEREFORE BE IT RESOLVED that the Planning Commission 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:
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 sales of alcoholic beverages and other items. These records shall be subject to
aaetit, and made avaitable, when requested by ar~yCity of Ai~aheim 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 saies 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) pac4c, and that wine coolers shal! 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
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•
21 License to the premises from another location in the City of Anaheirai without fu~ther action of the Ci#y.
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 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 Ciry, 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 was adopted at the Planning Commission meeting of September
9, 2002.
CHAI SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on
September 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this %L Y'Z~ day of ~t~ ~~
2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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