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La Rioja Ranch Market, dated 3/20/08, F -California ABC for the County of Orange and Census dated 3/20/08, G -License Query System Summary dated 9/23/08 for Adolfo's Liquor, H -License Query System Summary dated 9/23/08 for Rite Aid 6460, I -License Query System Summary dated 9/23/08 for Bristol ARCO and J -Tutor Time Child Care center. Public speaking in support of the project: John Carillo, Jaime Montellano and Jess Rivas. Applicant Robert Zakar, K&S Market owner, Waeem Zakery, and former owner, Elias Kawaja spoke in support of upgrading to a Type 21 ABC license. The public hearing was closed. MOTION: 1. Deny Appeal No. 2008-02. 2. Adopt a resolution denying Conditional Use Permit No. 2008-33 MOTION: Mill SECOND: De La Torre MOTION WITHDRAWN BY ITS MAKER The Commission discussed the concept of allowing the upgrade to the Type 21 alcohol license in order to ensure that neighborhood-serving markets, as exemplified by the "bodega" or neighborhood convenience store common in densely populated urban areas, remain competitive with larger chain-style supermarkets and drug stores and thereby offer nearby residents an alternative to driving for daily groceries and other necessities. Other Commission members expressed concern that varying from the City's existing over-concentration standard, which has been applied equally to large chain-style retailers and smaller independently-owned stores alike, would not provide a benefit to the community. They noted that Santa Ana has had a long history with trying to control the over-concentration of liquor stores and that the city's laws, in place now for over 10 years, have substantially aided in the reduction of crime. They expressed their belief that approving a variance from the over-concentration standard would result in an increase of applications from other stores wishing to also sell distilled spirits in addition to their existing beer and wine licenses. While these Commissioners also expressed support for neighborhood-serving convenience stores, they did not see the addition of the sale of distilled spirits as necessary to the public's convenience and were not supportive of the Type 21 upgrade. They also expressed a desire to remain consistent in their decision-making for this small area. SUBSTITUTE MOTION: Grant Appeal No. 2008-02 and remand the matter to the Zoning Administrator with directions to issue all necessary entitlements with appropriate conditions. MOTION: Betancourt SECOND: Mill VOTE: AYES: Betancourt, Mill (2) NOES: Alderete, De La Torre, Leo (3) ABSTAIN: None (0) ABSENT: Gartner, Yrarrazaval (2) MOTION FAILED. Planning Commission Minutes 5 October 13, 2008