10/12/1998 - Laserfiche WebLink

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COUNCIL CHAMBERS 27 (`iVrr` ('ENTER Pi A7A PUBLIC HEARINGS COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES ' 1. CONDITIONAL USE PERMIT NO. 98-15 Filed by Mr. Larry Lake to allow a Type 21 Alcohol Beverage Control License in order to sell beer, wine, and distilled spirits for off-premise consumption at a proposed Rite-Aid drug store located at 111 North Main Street in the Central Business District-Artist Village (C3-A) zoning district. (Continued by the Planning Commission September 28, 1998 to October 12, 1998) RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 98-15 as conditioned. 2. Authorize a letter of public convenience and necessity foc a Type 21 Alcohol Beverage Control License. Mr. Adams informed the Commission that Conditional Use Permit No. 98-15 had been continued to allow staff the opportunity to craft tindings and conditions of approval for the approval of the case. Madam Chair Verino stated that the public hearing had been previously conducted and would not be reopened. Mr. Larry Lake, representing the applicant, indicated the applicant had reviewed the conditions of approval and requested that condition numbers 14 and 15 related to the security guard be waived due to the location not having problems. In addition, he stated that requiring the applicant to obtain a security guard currently was an unfair burden to the applicant and suggested that if a guard was necessary, staff had the opportunity to require a guard during the review periods, if there was an increase in the crime rate. He further referenced the Planning Division condition of approval number six and requested that the applicant be allowed to lease the site located at 419 East First Street and not allow the lessor the ability to sell alcoholic beverages. Commissioner Mondo asked what factors were surrounding the request for the security guard at the location. Ms. Yolanda Pena, Police Department, stated that the Police Department consistently required security guazds in the high crime rate areas throughout the City. That if the guard was not required, the Police Department would have to handle more service calls at the location. Commissioner Cribb asked regarding the applicant's policy regarding the maintenance of shopping carts and expressed concerns regarding the proposed landscaping. Mr. Lake, responded that the applicant had their own procedures with the maintenance of the carts and the carts would be stored inside the store. Mr. Adams stated that staff preferred double rows of palm trees and the site plan would be modified to indicate so. ' Mr. Lake stated that the applicant would he willing to provide the types of trees at staff's request. Motion to adopt a resolution approving Conditional Use Permit No. 98-IS as conditioned with modifications to condition number I4 of the Police Department to only require a security guard from dusk to closing and condition of approval number I6 to require the Planning Conunission to review the Conditional Use Permit. Commissioner MacDowell noted that he would not support the motion due to land use concerns and he believed the approval of the alcohol license did not support the desired concept of the area nor would it improve the reputation for the area. 3