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HomeMy WebLinkAbout2009-14• RESOLUTION NO.2009-14 BK - 09/24/09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2009-13 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1041 WEST FIRST STREET 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. 2009-13 for a Type 20 (off-premise consumption of beer and wine) Alcoholic Beverage Control license for the property located at 1041 West First Street. B. Conditional Use Permit No. 2009-13 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on July 29, 2009. • At the conclusion of the public hearing, being fully informed, the Zoning Administrator adopted a resolution denying the conditional use permit. This de novo appeal followed, for which a duly noticed public hearing was held September 28, 2009. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for off-site consumption. 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 Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol license will not provide an additional amenity to the community as there is one other establishment in the vicinity that offers beer and wine for off-premise sales. The off-premise alcoholic beverage license has the potential to attract nuisances to the adjacent park, schools, commercial and residential areas which will not contribute to the general well being of the neighborhood or community. • Resolution No. 2009-14 Page 1 of 5 • 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 subject site is located in an area that is above average in police-related incidents. The site is located within Reporting District No.145, which ranks first out of the 102 citywide districts in total number of police-related incidents. The proposed off-premise beer and wine 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 negative impacts to surrounding properties are further compounded by the subject property's location within 1,000 feet of a park and schools attended primarily by minors. • 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Carniceria Rubio's Market is located in a commercial area 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 park, schools, and 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. 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 beer and wine license since this location meets all 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: • The premise is located within 1,000 feet of another existing off-premise license location; Resolution No. 2009-14 Page 2 of 5 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 criteria developed by the State Department of Alcoholic Beverage Control. The subject property is within 1,000 feet of one other off premise alcohol licenses, a 7-11 located at 902 West First Street. The subject property is also within 1,000 feet of a park, Angels Community Park located at 914 West Third Street, and schools attended by minors, Katherine Irvine Day School located at 1002 West Second Street and Santa Ana High School located at 722 West First Street. Additionally, the additional of a new ABC licensed establishment would further intensify the over concentration of alcohol licenses in this census tract pursuant to the State of California's Business and Professions Code (Section 23958.4 of the ABC Act). According to ABC, this location has been determined to meet the State definition of undue concentration based on the crime rate and the number of licenses within this census tract. There are currently seven active off-premise (i.e. market and liquor stores) licenses and one active on-premise • (Polio Ranchero Restaurant) license within this census tract while the State only allows for six. By adding a seventh ABC license in this area would be a violation of Section 23958.4(a). 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, the granting of an 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 granting of an alcohol license increases the potential for nuisance crimes such as 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. Resolution No. 2009-14 Page 3 of 5 E. This project was reviewed in accordance with the Guidelines for the • California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2009-178 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing and being fully informed, hereby denies Conditional Use Permit No. 2009-13. 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 September 28, 2009, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of September, 2009 AYES: Commission members: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: Commission members: None (0) ABSTAIN: Commission members: None (0 ABSENT: Commission members: None (0) • Christop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benj mi auf Chi f A istant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary to the Planning Commission, do hereby attest to and certify the attached Resolution No. 2009- 14 to be the original resolution adopted by the Planning Commission of the City of to Ana on Sep ber 28, 2009 Date: ~ ~N~/ Se retary to i Commission City of Santa Ana Resolution No. 2009-14 Page 4 of 5 PROOF OF SERVICE • (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2009-14 (Conditional Use Permit No. 2009-13) in this action y p acing a true copy tt e1~~ nc~osec~m sea a enve opes a ressed as follows: Carlos Guaman Leticia O. Aguilar Chadron L. Williams Carniceria Rubio's Market Business Owner Property Owner 1041 West First Street 1041 West First Street PO Box 16789 Santa Ana, CA 92703- Santa Ana, CA 92703 Irvine, CA 92623 3925 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and • processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 13, 2009 at Santa Ana, California. ~. MARTHA RA