ZA PULL PACKET 2013-04-17 - Laserfiche WebLink

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Conditional Use Permit No. 2012-28 April 17, 2013 Page 3 The zoning #or the site is Community Commercial {G1). The Community Commercial zoning district allows for retail and service uses such as the existing market, making the proposed use consistent with the zoning code. Pro'ect Anal sis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant denial of the conditional use permit. La Plaza Market is requesting approval to upgrade an existing Type 20 Alcoholic Beverage Control license to a Type 21 ABC license, thereby allowing the market the ability to sell distilled spirits in addition to the sale of beer and wine currently available. The standards that are applied to these types of licenses are found in Section 41-132 of the Santa Ana Municipal Code (SAMC), which discusses the overconcentration of alcohol licenses. This code section defines overconcentration of alcoholic licenses as having another off-sale licensed establishment within 1,000 feet of the subject property, or within 1,000 feet of any property used as a school attended by minors, a church or park purposes. Additionally, this code section references the State of California's overconcentration determination, which defines overconcentration as an excess number of alcohol licenses within a census tract.