99-087RESOLUTION NO. 99R-87
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 3101 EAST LA PALMA AVENUE,
ANAHEIM, CALIFORNIA (APPLICATION NO. 99-04)
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
3101 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 proposed to be located on the
premises (hereinafter the "application"); and
WHEREAS, the Planning Commission did hold a duly
noticed public hearing to consider said application on March 15,
1999, and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. 99-45 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 May 4, 1999, 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 0.51 acres of
land located at the northeast corner of La Palma Avenue and
Kraemer Boulevard in the City of Anaheim, California, and is
located in Development Area 5 (Commercial Area) of the Northeast
Area Specific Plan (SP-94-1) Zone of the City of Anaheim; and
2. The owner or operator of the premises proposes to
convert an existing automotive repair/cashier building at an
existing service station into a convenience market with retail
sale of beer and wine for off-premises consumption and to retain
the gasoline sales.
3. The premises is located is located in a geographical
area which would allow one off-sale retail license pursuant to
the provisions of Section 23958.4 of the Business and professions
Code of the State of California; and
4. That two off-sale retail licenses currently exist in
the Reporting District 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 4th day of May,
1999.
MAYOR OF T ANAHEIM
30771.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-87 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 4th day of May, 1999, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken
NOES:
MAYOR/COUNCIL MEMBERS: Daly
TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-87 on the 4th day of May, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 4th day of May, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-87 was duly passed and adopted by the City Council of the City
of Anaheim on May 4th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM