HomeMy WebLinkAbout2009-17bk:10/26/09
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RESOLUTION NO. 2009-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA DENYING
CONDITIONAL USE PERMIT NO. 2009-16 FOR THE
PROPERTY LOCATED AT 2626 NORTH BRISTOL
STREET, SUITE B
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby
finds, determines and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2009-
16 for a Type 21 Alcoholic Beverage Control license, which allows
the sale of distilled spirits for off-premise consumption, for the
property located at 2626 North Bristol Street, Suite B.
• B. Conditional Use Permit No. 2009-16 came before the Zoning
Administrator of the City of Santa Ana for a public hearing on
September 16, 2009, less than one year since the denial by the
Zoning. Administrator of a virtually identical application on or about
September 24, 2008 (CUP No. 2008-33). The Zoning Administrator
denied the application. This appeal followed.
C. One matter brought forth at the Zoning Administrator hearing can be
updated (Police File No. 09-28336). One of applicant's clerks, during
an apparent dispute over use of parking spaces in the K&S parking
lot, committed acts which led to his plea of guilty on October 13, 2009
to the misdemeanor violation of Penal Code sections 245(a)(1)
(assault with a deadly weapon) and 417(a)(1) (brandishing a deadly
weapon). The assailant was placed on three years probation. and
sentenced to twenty days of physical labor with a CalTrans crew.
This was at least the second incident recorded by Santa Ana Police
Department related to K&S representatives regarding a dispute over
use of the K&S parking lot.
D. The Planning Commission determines that the following findings,
which must be established in order to grant a Conditional Use Permit
from the provisions of the Santa Ana Municipal Code, have not been
established:
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Resolution No. 2009-17
Page 1 of 6
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed alcohol license will not provide a service
to the community since there are two other
establishments in the vicinity that offer beer, wine and
distilled spirits for off-premise sales. The off-premise
alcoholic beverage license has the potential to attract
nuisances to the adjacent commercial and residential
areas which will not contribute to the general well being
of the neighborhood or community.
2. 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?
The proposed off-premise general liquor license will be
detrimental to persons residing and working in the area
as the off-premise sale of alcoholic beverages has the
potential to create nuisances such as loitering,
disturbing the peace, graffiti and other crimes that
impact surrounding businesses and residential
• neighborhoods. These potential negative impacts to
surrounding properties are further compounded by the
subject property's location within 1,000 feet of a school
attended primarily by minors and a church.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
K&S Food Store is located in a commercial center that
is suitable for the existing use. However, a
concentration of off-premise sale outlets not only
increases the availability of alcohol but the nuisance
crimes that impact the economic viability of the
adjacent commercial area and neighboring residential
developments. The denial of this application would
support Policy 4.5 of the Economic Element of the
General Plan which discourages making land use
decisions based purely on fiscal considerations but
also the qualitative implications that are associated.
This new alcohol license's potential to increase
nuisance crimes will adversely affect the economic
stability of the surrounding properties.
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Resolution No. 2009-17
Page 2 of 6
4. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed alcohol license will not be in compliance
with all applicable conditions of Chapter 41 of the Santa
Ana Municipal Code regarding off-premise general
liquor license since this location meets two of the three
criteria established for defining over concentration. The
Santa Ana Municipal Code defines the over
concentration of alcohol licenses as a site that meets
any one of the following criteria:
1. The premise is located within 1,000 feet of another
existing off-premise license location;
2. The premise is located within 1,000 feet of any
property used as a school primarily attended by
minors, a church or a park;
3. The premise is determined to be over concentrated
by the State Department of Alcoholic Beverage
Control.
The subject property is within 1,000 feet of two other
• off-premise alcohol licenses, a Rite Aid located at 2725
North Bristol Street and Adolfo's Liquor located at 2734
North Bristol Street. The subject property is also within
1,000 feet of a school attended primarily by minors at
2709 North Bristol Street and a church at 2500 North
Bristol Street.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed alcohol license will adversely affect the
General Plan in several ways. First, markets and
ancillary uses such as off-premise general liquor
licenses are not permitted within the Low-Density
Residential (LR-7) General Plan Land use designation
which is in direct contrast with Policy 5.4 of the Land
Use Element of the General Plan wflich encourages
land uses which are consistent with the Land Use Plan.
The upgraded alcohol license will also be inconsistent
with Policy 2.9 of the Land Use Element which supports
developments that create a business environment that
is safe and attractive. The upgraded alcohol license
• increases the potential for nuisance crimes such as
Resolution No. 2009-17
Page 3 of 6
loitering, disturbing the peace, graffiti and other crimes
• that impact surrounding businesses and residential
neighborhoods. The granting of this application is also
inconsistent with Policies 5.1 and 5.5 of the Land Use
Element of the General Plan which discourages
projects that are not compatible with surrounding land
uses and have the potential to negatively impact their
quality of life. The projects proximity to both residential
properties as well as other sensitive land uses identified
in the over concentration criteria further support the
denial of this application.
E. This accordance with the California Environmental Quality Act, the
proposed project is exempt from CEQA review per Section 21080(5).
This subsection applies to projects in which the public agency
disapproves of the request. Should the Zoning Administrator
recommend approval, further environmental review may be required.
Environmental Review No. 2009-50 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after
conducting the public hearing hereby denies Appeal No. 2009-03, and Conditional
Use Permit No. 2009-16. This decision is based upon the evidence submitted at
the above said hearing, which includes, but is not limited to: the Request for
Planning Commission Action dated October 26, 2009 and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 26th day of October, 2009 by the following vote:
AYES: Commissioners: Alderete. Betancourt, Gartner, Leo, Turner,
NOES: Commissioners
Yrarrazaval (6)
None (0)
ABSENT: Commissioners
ABSTENTIONS: Commissioners
None (0)
None (0)
Christoph Leo
Chairma
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Resolution No. 2009-17
Page 4 of 6
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Bi
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
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I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2009-17 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on October 26, 2009.
Date: / ' ~ ~~~~
Planning Commission Secre
City of Santa Ana
Resolution No. 2009-17
Page 5 of 6
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney