Attachment B
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR
NECCESSITY FOR THE ISSUANCE OF A TYPE 21 (OFF-SALE
GENERAL) ALCOHOLIC BEVERAGE LICENSE FOR EL SUPER
LOCATED AT 226 EAST MAIN STREET
WHEREAS, Tom Apodaca, on behalf of El Super, will apply to the Department of Alcoholic Beverage Control (ABC) for a Type 21 ABC license to sell alcoholic beverages for off-site consumption at 226 East Main Street; and
WHEREAS, the Department of Alcoholic Beverage Control requires an ABC Type 21 (Off-Sale General) alcoholic beverage license for the supermarket; and
WHEREAS, the site is located in City of Santa Maria Crime Reporting District Beat 012 with an above average number of reported crimes and is therefore in an area with an “undue concentration” of crime; and
WHEREAS, in accordance with Section 23958.4(b)(2) of the California Business and Professions Code, the City Council may make a determination for public convenience or necessity when an “undue concentration” of crime exists, that will then allow the Department of Alcoholic Beverage Control to issue the requested Type 21 ABC license; and
WHEREAS, the applicant has committed to the following provisions regarding the sales of alcoholic beverages at this location while operating under the Type 21 license:
The floor area dedicated to alcoholic beverages shall not exceed two percent of the gross floor area of the tenant space; and
All liquor will be locked behind a glass case, and only front-end managers and the store director will have access to open the glass case; and The store will have 70 cameras placed throughout the inside and outside perimeter of the store, including a zoomed-in image of the store entrance; and The recording device will hold video for at least 90 days; and Uniformed security guards will be on -site from opening to closing seven days a week; and
“No Loitering” and “No Drinking on Premises” signs will be posted in the parking lots; and
All cashiers shall be trained in proper alcohol beverage sales procedures.
WHEREAS, the project was adequately covered in a previously certified Final Environmental Impact Report (EIR) for the Santa Maria Downtown Specific Plan (SCH 2007041105) pursuant to California E nvironmental Quality Act State Guidelines Section 15162.
Attachment B
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The above recitals and true and correct and incorporated herein by reference.
SECTION 2. The Crime Reporting District Beat 012 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 21 license at this location.
SECTION 3. The issuance of the Type 2 1 ABC license will serve the public convenience without any expectation of negative impacts due to:
a. The concentration of licenses in Census Tract No. 2 1.01. This application does not result in an “undue concentration” of off-sale ABC licenses within the Census Tract; and
b. While Crime Reporting District Beat 012 is experiencing an above-average number of reported crimes and is therefore designated an area with an “undue concentration” of crime, the Police Department does not oppose the granting of the Type 21 license.
SECTION 4. 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, California, held this 6th day of May 2025.
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