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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)