ZA PULL PACKET 2013-04-17 - Laserfiche WebLink

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Conditional Use Permit No. 2012-28 April 17, 2013 Page 4 It has been determined that La Plaza Market is located in an area that is over concentrated by City standards. Although there are no similarly licensed business within 1,000 feet of the subject site, with Archie's Corner Market at 4502 Westminster Avenue the closest at approximately 3,900 feet from the subject site, it has been determined that a small community church is located in the area. Silver Acres community church is located at 5218 West Silver ^rive, which is less than 1,000 feet from the subject site. Even though there are no similar licensed establishments within 1,000 feet of the market, and the applicant will be making improvements to the site to bring it closer into compliance with the commercial development standards, staff is recommending denial of the ABC license upgrade due to the markets proximity to a church. The proposed upgrade to a Type 21 alcohol beverage control license will not provide a service to the residents and employees of the surrounding community. As beer and wine are currently being sold on the premises, allowing them the ability to sell distilled spirits may adversely affect the community by introducing an additional element (hard liquor) that will contribute to an increase in nuisance crimes that impact the surrounding community. Additionally, it is unlikely that appropriate conditions can be placed on the ABC license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the off-sale consumption of beer, wine and distilled spirits at this location may be detrimental to persons residing or working in the vicinity because the introduction of distilled spirits at the market may create additional negative or adverse impacts such as drunkenness in public, loitering and other nuisance crimes that will affect the surrounding residences. Additionally, it has been determined that a community church is located approximately 210 feet from the La Plaza Market. As churches are identified as sensitive land uses per Section 41-132 of the Santa Ana Municipal Code {SAMC), an overconcentration of alcohol license is occurring on the premises. As a result, the ABC license upgrade will be detrimental to persons in the vicinity. The proposed use may adversely affect the economic stability of the area as additional crime caused by the sale of hard liquor and other distilled spirits will negatively affect property values of the residences in the area as well as deter new investment by businesses in the area. • As conditioned, the proposed Type 21 ABC license will not be in compliance with all applicable regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The project is not in compliance with SAMC Section 41-132 as the site is considered to be overconcentrated due to a community church being located within 9,000 feet of the site. The proposed use will adversely affect the General Plan. Goal 2 of the Land Use Element encourages uses which enhance the City's economic and fiscal viability, Policy 2,2 encourages land uses that accommodate the City's needs for goods and services and Policy 2.5 promotes the balance of the economic and fiscal benefits of commercial development with its impacts on the quality of life. The sale of distilled spirits will increase crime in the area, which is contrary to these goals and policies.