RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC
CONVENIENCE FOR THE ISSUANCE OF A TYPE 20 (OFF-SALE
BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR
EL TORO LOCO SUPERMARKET LOCATED AT
204 NORTH BLOSSER ROAD, SUITE B
WHEREAS, the applicant, Mr. Hussein, on behalf of El Toro Loco Supermarket , has applied to the Department of Alcoholic Beverage Control (ABC) for a Type 2 0 ABC license to sell beer and wine for off site consumption at 204 North Blosser Road, Suite B; and
WHEREAS, the Department of A BC requires an ABC Type 20 (Off-Sale Beer & Wine) alcoholic beverage license for the supermarket; and WHEREAS, the site is located in Census Tract No. 23.04, and the Department of ABC has determined that the six existing off-sale alcohol beverage li censes in Census Tract No. 23.04 exceeds the maximum of three licenses allowed by State law; therefore, the Tract does have an “undue concentration” of licenses; and WHEREAS, the site is located within City of Santa Maria Crime Reporting District Beat 010 with an above-average number of reported crimes and is therefore designated an area with an “undue concentration” of crime; and
WHEREAS, in accordance with Section 23958.4(b)(2) o f the California Business and Professions Code, the City Council may make a determination for public convenience or necessity when an “undue concentration” of licenses and an “undue concentration” of crime exists, that will then allow the Department of Alcoholic Beverage Control to issue the requested Type 20 ABC license; and
WHEREAS, the applicant has committed to the following provisions regarding the sales of beer and wine at this location while operating under the Type 20 license:
Beer will only be sold in packages with quantities of three or more containers (no single container beer sales);
The floor area dedicated to beer and wine sales, display and storage shall not exceed five percent of the gross floor area of the tenant space; and All cashiers shall be trained in proper alcohol beverage sales procedures; and WHEREAS, this is a Class 1 categorical exemption based on Section 15301 of the California Environmental Qualit y Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
Section 1. The above recitals are true and correct and incorporated herein by reference.
Section 2. The proposed Type 20 ABC license would introduce a new Type 20 ABC license at the location; therefore, the proposed license would result in an increase in the existing number of licenses within Census Tract No. 23.04.
Section 3. The Crime Reporting District Beat 010 is experiencing an above average number of reported crimes and is therefore designated an area with an “undue concentration” of crime ; however, the Police Department has no opposition for a Type 2 0 license at this location.
Section 4. The City Council finds that the issuance of the Type 2 0 ABC license will serve the public convenience without any
expectation of negative impacts due to:
a. The undue concentration of licenses in Census Tract No.
23.04 reflects the large area of the tract, with a retail dominant pattern of land uses along the major streets;
and
b. That while Crime Reporting District Beat 010 is
experiencing an above -average number of reported
crimes and is therefore designated an area with an
“undue concentration” of crime, the Police Department
has determined that with the provisions regarding the sales of beer and wine at this location which the applicant has committed to follow, including that b eer will only be sold in packages with quantities of three or more
containers (no single container beer sales) , the Police Department does not oppose the granting of the Type 20
license.
Section 5. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of November, 2024.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
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City Attorney
APPROVED AS TO CONTENT:
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Department Director
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City Manager