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2001-046RESOLUTION NO. 2001R-46 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 3085 EAST LA PALMA AVENUE, ANAHEIM, CALIFORNIA (APPLICATION NO. 2000- 00003) 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 3085 East La Palma Avenue, 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 located on the premises (hereinafter the "application"); and WHEREAS, the Planning Commission did hold a duly noticed public hearing to consider said application on November 6, 2000, and did receive and consider evidence and testimony for and against the application, and following said public hearing adopted its Resolution No. PC2000-24 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 and wine 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 February 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 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 approximately 0.52 acres of land located at the northwest corner of La Palma Avenue and Kraemer Boulevard, in the City of Anaheim, California, and is located in the SP94-1, DA-5 (Northwest Area Specific Plan, Commercial Area) Zone of the City of Anaheim; and 2. The owner or operator of the premises proposes to operate a gasoline service station and convenience market on the premises and seeks a license from the Department to sell beer and wine for off-premises consumption within the convenience market proposed to be operated on the premises; and 3. The premises is located in a geographical area which would allow only one off-sale retail license pursuant to the provisions of Section 23958.4 of the Business and Professions Code of the State of California due to the fact the geographical area is primarily an industrial area with only 246 current residents; and 4. That four off-sale retail licenses currently exist or are pending in the geographical area in which the premises is located; and 5. Convenience markets at gasoline service stations offer an alternative to supermarkets for customers desiring to make quick purchases of grocery and related items; and 6. 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 7. 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. 8. 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 City Council of the City of Anaheim is adopted and approved this 13th day of February, 2001. ATTEST: CI THE CITY OF ANAHEIM ~[AYOR OF THE CITY OF ANAHEIM / 39024.1 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. 2001R-46 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of February, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: None Cl'fY CLEI:~: OF THE CITY OF ANAHEIM (SEAL)