Resolution-PC 96-11~ ~
RESOLUTION NO P -11
A RESOLUTION OF THE ANAHEiM CI7Y PLANNING COMMISSION
DE7ERMIN~NG PUBUC CONVENIENCE OR NECtSSITY NO. ~6-01
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 255 SOUTH EUCLID STREET (SUPER SAVER FO~DS)
WHEREAS: on July 11,1995, the Cfry CouncA adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibiiities to tho Planning Commission relating to the determination
of 'public convenience or necessit~' on those certain applications requiring that such detemiination be
made by the local goveming bady pursuant to appUcable provfsfons of the Business and Professions Code,
and prtar to ths issuance of a Iicense by the Dapartment of Alcoholic Beverage Cont~ol (ABC); and
WHEREAS. Section 23958 of tho Business and Professions Code provides that The ABC
shall deny an ~pplication for L lfcense 'rf issuance of that iicense woutd tend to create a law enforcement
problem, or ff issuance would result in or add to an undue concentration of licenses, except when an
appUcant has demonstrate~ that public convenience or necessity would be served by the issuance of a
Iicense; and
WHEREAS, the Ciry Planning Commissfon of the City of Anaheim did receive an applicatlon
for a Determination of Public Convenlence or Necessity to permft an alcoholic beverage control 1lcense
for the sale of alcohoUc beverages (beer, wine and general liquor) for off-premises consumption in
propertyisi! ated in theeCiryroftAnahe maCounty of Orangea State of Calffomaaede c bsed ascertaln real
PARCEL A: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 11, RAGE 45 OF
FARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF QRANGE COUNTY,
CAUFORNIA.
PARCEL B: THE SOUTH 180.00 FEET OF THE EAST 2G3.00 FEET OF THE EAST ONE-
HALF OF THE NORTHEAST ~UARTER OF THE NORTHEAST QUARTER OF SECTION 17,
TOWNSHiP 4 SOUTH, RANGE 10 WEST, PARTLI' IN 1'HE RANCHO SAN JUAN CAJON
RECO DED W BOOK 51RPAGE 1 U OF MISCELLAN 0 S MAPS, RECORDS OP OHANGE
COUNTY, CALIFORNIA.
WHEREAS, the Ctty Planning Commisslon did hold a public hearing at the Clvic Center
in the Ciry oi Anaheim on January 22, 1996, at 1:30 p.m., notice of said public hearing having been duly
given as required by Resolutlon No. 95R-134 and li~ ac~ordance wfth 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 contrd Iicense to investfgate and make
findings and recommendations in connection therewith; and
WHEREAS, safd Commission, aftar due inspection, investigation and study made by ftself
and in fts behalf, and after due consideration of all evidence and repoi'cs offered at said hearing, does find
and deteRnine the following facts:
~, That the petitioner proposes to establish a'Type 21 - Off Sale General" alcoholic
beverage iicense for off-premises consumption of beer, wlne and general Ilquors in an approximately
66,000 sq.n. full servlce supem~arket which is currenUy under construction, and that the submitted floor
plan indicates that refrigerated ccolers and d(splay racks for alcoholic beverages account for less than 596
of the gross floor area nf thg supermarket;
-1- PC96-11
CR257SDFA
~ ~
2. That the Anaheim General Plan designates the subject property for General
Commerciai land uses and that a supermar{cet having a gross floor area of 15,000 sq.ft. or more is a
permitted primary use in the underlying CL 'Commercial, Limited' Zone;
3. That the off-premises sale of alcohoUc beveragas is intended as a customer
convenfence and is typical of a full service product mbc tn conjunction with a supermarket;
4. That the supermarket is open to the public from 6:00 AM to 12:00 Midnight for full
service shopping convenience; and
5. That no one fndicated their presence at said public hearing in opposftion; ard that
no corcespondence was received in opposftion to the subJect petftion.
c`ALIFORNIA ENVIRONMENTAL QUALJTY P.CT FINDING: The Planning Commission has
determined by motion that pursuant to Sectton 15061(b}(3), the proposed project Is exempt from the
requirement to prepare an envfronmental impact report (EIR) a~ deflned In Uie State EIR Guidelines.
NOW THEREFORE BE IT RESOWED that the Planning Commission doos hereby determine that
the public convenience or necessiry will be served by the Issuance of a license for the saie of beer, wine
and generai Iiquors for off-premises consumption at this location based on the following:
1. 7hae the proposed off-premise sales of beer, wine and general Ifquors is in conjunctlon with a full-
service supermarket provid(ny a mix of products to the locai consumer for one-stop shopping
convenience;
il
2 thetsuperma ket~ facilfry and~is aacritical thoughgminor componeni ofhthe~ o gprice competitive
supermarket business; and
3. That there are no other full service supermarkets located wfthin an approximately one mile radius of
the subJect property.
BE IT FURTHER RESOLVED that the Anahefm City Planning Commission does heroby flnJ and
determine that adoption of this Resolutlon is expressly pradicatec? upon applics~nt's comatance with each
and all of the flnd(ngs hereinabove set forth.
THE FOREGOING RESOLUTION was aciopted at the Planning Commissfon meoting of
January 22, 1996• ____-C=~"`~'"'
CHAIRMAN PRO TEMP E
ANAHEIM CITY PLANNING COMMISSION
AITEST:
L ~U~ ~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
-2- PC96-11
~
;~,.
STATE OF CAUFORNIA )
t;0f.1NTY QF ORANGE ) ss.
CITY OF ANAHEIM )
I, Maraarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby cenify that
the foregoing resolutian was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held
un January 22, 1996~ iyY the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERA7A
NOES: COMNIISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK 1VIAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~Si ~ day of /ZU
1996. ~'j ULOt U-6 --
SECRETARY, NAHEIBA CITY PLANNING COMMISSION
~- pC96-11