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2004-079 RESOLUTION NO. 2004- 79 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 1523 WEST KATELLA AVENUE, ANAHEIM, CALIFORNIA (APPLICATION NO. 2004-00014) 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 deten-nination of "pubhc 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-] 34 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 ]523 West Katella Avenue, Anaheim, California (hereinafter the "premises") for a determination of public convenience or necessity to permit the retail sale of beer and wine at an existing 1 "1. ' I convenience market (La Estrella Market) for off-premises consumption and for on-premises consumption in the take-out restaurant service deli portion of the convenience market, (hereinafter the "application"); and WHEREAS, said application for a Determination of Public Convenience or Necessity was submitted concurrently with a request to amend Conditional Use Permit No. 3420 which was granted in 1991 under Resolution No. PC9I-87 to permit a convenience market at 1523 West Katella A venue subject to certain conditions of approval; and that Condition No.4 of said resolution specifies "That no alcoholic beverages shall be sold on the subject property"; and that the request to amend said conditional use permit was to delete Condition No.4 in order to permit the retail sale of beer and wine for off-premises consumption in the existing convenience market (La Estrella) and to also permit the retail sale of beer and wine for on-premises consumption in the take-out restaurant service deli portion of the convenience market; and WHEREAS, the Planning Commission did hold a duly noticed public hearing to consider said application on March 22, 2004, and did receive and consider evidence and testimony for and against the application, and following said public hearing adopted its Resolution No. PC2004-029 denying said application and determining that the public convenience or necessity would not be served by the proposed application; 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 May 11, 2004, 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: ]. This property is developed with a commercial shopping center and is zoned CL (Commercial-Limited). The Anaheim General Plan Land Use Element Map designates this property for Commercial Professional land uses. The Anaheim General Plan Land Use Element Map further designates properties to the north and east for Low Density Residential land uses, to the south across Katella A venue for General Commercial land uses, and to the west across Bayless Street for Commercial Professional land uses. 'ì The Anaheim Police Department has submitted a memorandum dated February 26. 2004. stating that: this property is located within Reporting District No. 2022, which has a crime rate 30% below City average: this property is located within Census Tract 876.02, where there are currently 7 licenses for retail sales of alcoholic beverages for off-premises consumption and :' off-sale licenses are allowed; this census tract population also allows for 8 licenses for 2 "11" retail sales of alcoholic beverages for on-premises consumption where currently 10 exist; the Police Department responded to this location 14 times from February 2003, through February 24, 2004. and three (3) reports were taken (burglary, man with a gun, and grand theft); the calls included 3 burglary alarms, 6 hang-ups, 4 panic alarms, and I grand theft. The reporting district to the north has a crime rate of 145 percent above City average, the reporting district to the south has a crime rate of 10 percent below City average, the reporting district to the west has a crime rate of 18 percent above average and the reporting district to the east has a crime rate of 145 percent above average; and 3. The convenience market and restaurant specializes in EI Salvadorian groceries, food and cuisine. The applicant anticipates that beer and wine sales would account for approximately 25% of the store's overall sales; and 4. 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. 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 is approved and adopted by the City Council of the City of Anaheim this 11 th day of May, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Hembers Chavez, Tait, Hernandez NOES: Council Member tkCracken ABSENT: None ABSTAIN: None By MA A TTES!r: Cf1.-'yU ~bL C;ITY CLERK OF TH CITY OF ANAHEIM J .'i422k: 3 11"