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HomeMy WebLinkAbout82-135 Not AdoptedKEL:adg 9/24/82 RESOLUTION NO. 82- 135 A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION APPLICATION NO. 82-19, SEEKING TO ALLOW THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION ON PROPERTY LOCATED AT 2302 NORTH GRAND STREET WHEREAS, this Council held a public hearing on September 20, 1982, on Minor Exception Application No. 82- 19, to allow the sale of beer and wine for off-site consumption in a proposed mini-market to be constructed at 2302 North Grand Street in the A1 District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: (a) The proposed use is not necessary or desirable to provide a service which will contribute to the general well-being of the neighborhood or the community, in that there already exists in the neighborhood a more than sufficient number of establishments offering beer and wine for sale for off-site consumption. ~ (b) The proposed use may be injurious to property in the vicinity in that it would add to an over- concentration of establishments selling alcoholic beverages in the area, with a consequent detrimental effect on property maintenance and development. denied. Minor Exception Application No. 82-19 is hereby ADOPTED, this 15th day of November , 1982. ATTEST: Gordon Bricken Mayor COUNCILMEMBERS: APPROVED AS TO FORM: Bricken Luxembourger ~ye Acosta Nay Serrato Aye Griset Markel ~¥e McGuigan Aye REL: jd 10/8/82 RESOLUTION NO. 82-135 B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 82-19 ALLOW THE SALE OF BEER AND WINE FOR OFF-SITE ON PROPERTY LOCATED AT 2302 NORTH STREET WH September 20, 19, 'to allow the market to be Grand Street in the tached hereto as erence; and this Council held a public hearing on on Minor Exception Application No. 82- of beer and wine in a proposed mini- ted on property located at 2302 North District, and shown on the map at- A and incorporated herein by ref- WHEREAS, prior t~ taking aCtion on the said ap- plication, this Council has~eviewed .the negative declaration (I.S. 82-62) prepared for the~project, NOW, THEREFORE, BE IT~ ES?LVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOL~S. 1. Based upon the evidence submitted at the abovesaid hearing this Council finds~nd determines as .(a) The sal. e o.f beer an~wine in package form,for off-si, te consumption is a servic~ which is commonly provided by neighborhood convenience marke~s an'd expected by their customers. .This minor exception is therefore desirable to provide a service which will contr'ibute t~the general wellbeing of the community bY promoting shopp~g conVenienCe. (b) The provision of beer and wi~e for sale for off-site consumption in the proposed neighborhood con- venience market will not create any excessive concentration of establishments selling alcoholic beverages in th~ vicinity and will not adversely impact the crime rate in the ~icinity or otherwise create any nuisance to nearby residents ~d businesses. Therefore, this minor exception will not b~, detrimental to the health, safety or general welfare of '~,. persons residing or working in the vicinity, or in3urious"~to property or improvements in the vicinity. ' . RESOLUTION NO. 82-135 B Page two (c) The sale of beer and wine for off-site consumption at the proposed market pursuant to this minor exception will not violate any regulations or conditions of the zoning chapter of the municipal code nor adversely affect the general plan of the city. (d) For the reasons set forth in Initial Study No. 82-62, the negative declaration prepared for this project, with its finding that the project will not have a significant effect on the environment, is hereby approved. 2. Minor Exception No. 82-19 is approved to allow the sale of beer and wine for off-site comsumption at a neighborhood convenience market to be constructed on the subject property, subject to the following limitations, requirements, and conditions: (a) That development be according to the approved site plan, except for minor modifications approved by the Director of Planning and Development Services. (b) That a landscape plan be submitted to and approved by the Director of Planning and Development Services, including the provisions of Section 41-618 of the Municipal Code, prior to issuance of a building permit, and that landscaping be implemented in accordance with such approved plan prior to a utility release and be continuously maintained thereafter. (c) That any trash areas be enclosed in accordance with the stahdards of the Planning and Development Services Department. (d) That a plan for the screening of mechan- ical equipment and appurtenances be sumitted to and approved ~ b~ the Director of Planning and Development Services prior to issuance of a building permit and that such screening be installed and maintained in accordance with such approved plan. (e) That development be in ac6ordance with all building safety and fire protection code requirements. RESOLUTION NO. Page three 82-135 B (f) That all required sewer connection fees and water main charges be paid. (g) That the development be maintained as a retail market with the sale of food products as its primary business. ADOPTED this day of , 1982. ATTEST: JANICE C. GUY, Clerk of the Council COUNCILMEN: Bricken Luxembourger Acosta Serrato Griset Markel McGuigan GORDON BRICKEN, Mayor APPROVED AS TO FORM: EDWARD J. City Attorney