HomeMy WebLinkAbout2002-107 Not AdoptedRESOLUTION NO. 2002-107
A RESOLUTION OF THE CI~Y COUNCIL OF THE CITY OF
SANTA ANA DENYING CONDITIONAL USE PERMIT NO.
2002-13 FOR A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR THE PROPERTY LOCATED AT
1727 EAST DYER ROAD
Kdo/12/10/02
NOT
ADOPTED .
(SEE R-2003-003)
RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOVVS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
Conditional Use Permit No. 2002-13 has been filed with the City of Santa
Ana seeking a Type 20 Alcoholic Beverage Control license which allows the
sale beer and wine for off-premise consumption for the property located at
1727 East Dyer Road.
On September 23, 2002 the Planning Commission conducted a public
hearing on Conditional Use Permit No. 2002-13. The Planning Commission
continued the headng until October 28, 2002. After considering all of the
evidence presented at both hearings, including evidence that the area is
considered to have an over-concentration of liquor licenses by both City and
State standards, the Planning Commission voted on October 28, 2002, by a
vote of 6:0 (Doughty absent), to deny Conditional Use Permit No. 2002-13
Applicant appealed Planning Commission's denial to the City Council of the
City of Santa Ana. On December 16, 2002, the City Council of the City of
Santa Ana held a public hearing to consider Applicant's appeal of the
Planning Commission's decision.
The City Council determines that the following findings, which pursuant to
Santa Ana Municipal Code Section 41-638, must be established in order to
grant a Conditional Use Permit, have not been established:
Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or community?
NOT
ADOPTED
(SEE R-2003-003)
Section 41-132 of the Santa Ana Municipal Code sets forth
specific guidelines for determining over-concentration of liquor
licenses in the City. Subsection (1) defines over-concentration
as one off-sale licensed establishment within 1,000 feet of
another similar establishment. ^ Mobil Gas Station located at
1351 East Dyer Road is within 1,000 feet of this
establishment. The State Department of Alcoholic Beverage
Control has also determined this area to be over-concentrated
since it has reached the maximum number of allowable off-
sale outlets. The State allows two off-sale establishments in
this census tract while six currently exist. Based upon the City
and the State's over-concentration criteria, the proposed off-
sale license would not contribute to the general well being of
the community.
Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
Based upon City and State criteria, there is an over-
concentration of liquor licenses within 1,000 feet of the project
site and within the census tract where the project is located.
Given the criteria established by the City and State
Department of Alcoholic Beverage Control, the addition of
another off-sale license could be detrimental to safety or
general welfare of persons working in the area of the project
site.
Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
While it is anticipated that the proposed gas station/mini-
market project will enhance the economic stability of the area
by converting a site with a restaurant building into a vital,
active commercial development. Impacts associated with the
sale of alcohol, at the new mini-market, will adversely affect
the economic stability and the future economic development of
properties in the surrounding area.
Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the S.A.M.C. for such use?
NOT
ADOPTED
(SEE R-2003-003)
The proposed Type 20 ABC license does not comply with the
City's over-concentration standards and regulations set forth in
Santa Ana Municipal Code Section 41-132, as there are
multiple licenses within the immediate area.
Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use would not adversely affect the General
Plan. Retail and ancillary uses such as ABC licenses are
permitted within the General Commercial (GC) designation
A mitigated negative declaration and mitigation monitoring program, was
approved and adopted by the Planning Commission at a public hearing held
on September 23, 2002 on Conditional Use Permit No. 2002-12.
Section 2. The City Council of the City of Santa Aha after conducting the public
hearing hereby denies Conditional Use Permit number 2002-13. This decision is based
upon the evidence submitted at the abovesaid hearing, which includes but not is not
limited to: the Staff report and exhibits attached thereto; and the public testimony all of
which are incorporated herein by this reference.
Section 3. This decision rendered by the City Council is final and is subject to
judicial review pursuant to California Code of Civil Procedure section 1094.6.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of December, 2002.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
NOT
ADOPTED
(SEE R-2003-003)
By:
Kylee Odette
Deputy City Attomey
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002-107 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana