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Resolution-PC 96-12. ~ ~,.- aFSnLlJTION NQ P(:46-12 A RESOLUTION OF THE ANAFiEIMi CITY PLANNING C~MA'~~SSION DETERM(NING PUBUC CONVENIENCE OR NECESSRY NO. 96-02 FOR ALCOHi~LIC BEVEAAGE CONTR~L LICENSE AT 275 SOUTH EUCLID STREET (SAV-0N DRJGS) WHEREAS, on July 11,1995, the Ciry Co~ncfl adopted Rasoluc(on No. ~iR-134 2stabtlshing procedures and delegating certair~ responsibilfties to the Plani i~ng Co ~,u ~~n9 that~such detecminat onUbe of 'public conveniPnce or necessic~'rsuant o appl ~ible Provisions of the Business ancl Profess~ons Code~ made by the local9aveming bodY P and pr~or to the Issuance of a Iicense by the Depa~tmeM of Alcoholic Bevera9e Con1~d (A.B.C.); ~ WHEREAS, Section 23958 of the Business and Profess(ons Code pro~~fdes that the AB.C. sha!I den oa ~ ~SSU'ancie would Iresuit in osr sdd to an undue co centraUon of Iicens9s, le c pt when an problem, applicant has demonstrated thst public convenience or necessiry would be served by the issuance o a Iicense. WH°_REAS, the Ctry Planning Commission of the Ciry of Anaheim did receive an application for a Determination of Public Convenience or Necessiry eneral Ii~uor ~forhoff pbemiseseconsurmption in for the sale of alcoholic beverages (beer, wine and 9 q ~ conJunctlon wfth a retail drug and variery store located at 275 South Euclid Street (Sav-On Drugs) on certain reai property sftuated in the Ciry of Anaheim, County of Orange, State of CalNomia, described as: PAfiCEL A: PARCELS 1 AND 2 OF PARCEL MAP NO. 85-472, AS SHOWN ON A MAP FILED IN BOOK 215, PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDEN OF URANGE COUMY~ CALIFORNIA. PARCEL B: PARCEI. t, AS SHOWN ON A MAP FILED IN BOOK 18, RECOROER OF ORANGE COUNTY, CAUFORNIq. OF THE COUNTY WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the City of i~he~im Resolution No.~ 95R-134 and n accordance w ht ei p o~sion ofi the eAnah im given as requ y Municipal c~ enience or nece stry for anCalcohollc beveragercon olticen ~~to investgateta d' make of public flndings and recommendations in connection therewfth; and ~; WHFRFI~S, said Commission, after due inspectlon, Irnestigatlon and study made by ftself and in its beha~fhe oilowing factsnsideratlon of all evidence arxi reports offered at said hearing, does flnd and determine t ~. 7hat the petitioner propose~ to establish a?ype 21 - Off Sale General" alcohdic bevera9e Iicense for off-pre~m~ es ~o`e hioh Is~currenUyi und e onstruction~ a~nd tha ttheXSUbmitted Noor plan retaU dru9 a~d TY indicates that refrigerated coolers and display racks for alcohdic be~erages account for approximately 9 of the gross floor area of the faciliry; 2, That the Anaheim General Plan designates the subJect prQperty for General Commercial land uses and a retaU drug and varfetY store !s a permitted Prin~ary use In ihe underlying CL "Commerciai, Umited' zone; PC96-12 CR2580DM.WP -1- ~p ~~ 3. That the proposed 'off-premises' Iicense is in conJunction wRh a large retab drug and variery store whose sales products indude prascri, ~tion and non-prescription drugs and medical supplies, sundry and household ftems, dry goods and minimal packaged foods; and that alcohoiic beverage sales are a minor component of the ovArall retaii sales revenues; and 4. That the off-premises sale of alcohdic baverages is intended as a customer cornenience and is typical of the tull service product mbc in conjunction wfth the drug/va~iery store chain and, although the saie of alcoholic beverages is a mfnor componerrt of the retafl bus(ness, ft is criUcal to the low cost competitive retail business. 5. That no one indicated their pressnce at satd public hearing In opposition; and that no corcespondence was recefved fn opposftion to the s~bJect petftton. One person spoke (n interest of the proposed Determfnatton of PuWic Convenience or Necessiry. - AUFORNIA EMlIROhh"Eh'TAL QUAUTY ACT FlNI?{NG: The Plan ,~ Commission has determined by motion that pursuant to Section 15061(t~)(3), tha proposed proJect is ~exempt from the requirement to prepare an ernironmental impact repoK (EIR) as deflned tn the State EIR Guidetines. NOW THEREFdRE BE IT HESOLVED that the Planning Commission does hereby of beer'nwine and ge eiral ilquo~s fo eoff-p emi asyconis mpt oa tthis locat on basedl~on the follohwl g e (a) etafltdreugrand va lety sto et which provides a mbc o sales ruducts toSthe local oi sumer for ona- stop shopping convenience. (b) That the alcohoUc beverage disPlaY area accounts for approximately 996 of tha totat gross floor area of the retail faciiity. BE IT FURTHEFi RESQLVED that the Mahefm Ciry Planning Commission does hereby flnd and determine that adoption of this Resoiution is expressly predtcated upon applicanYs complfance v~ith each and all of the conditions hereinabove set forth. Shoutd any such condftfon, or any part thereof, be Res'o utlonnvand any approvais herein contaninejd~shaU be deemed nul~ and vof~dent Ju~isdictfon, then thfs TFiE FOREGOING RESOLUTION was a pted at tt~,e Plannfng Commisston meetfng o1 January 22~ 1996• Y~ CHAIRMAN, PRO T PORE ANAHEIM CITY P NING COMMISSION ATfEST: ~ ('~.,na,nn, ~~~ c~ur~D~r~ SECRETARY,~HEIM CITY PLfWNING COMMISSION STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Cicy Planning Commission, do hereby certify that the foregofng res~lution was passed and adopted at a meeting of the Anahelm Ciry Planning Comm!ssion held on January 22, 1996, by the following vote of the membe~s thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL. HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BOSTWICK MAYER IN WITNESS WHEREOF, I have hereur~o set my hand this ~ day of 1996. C nn ~a o~ . SECREfARY, EIM CITY PLANNING COMMISSION -2- PC95-12