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HomeMy WebLinkAbout2002-26 RESOLUTION NO.2002-26 Kdo/10/28/02 A RESOLUTION OF THE PLANNING COMMISSION 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 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. On September 23, 2002 the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-13. The Planning Commission, then continued the hearing until October 28, 2002. B. 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. C. The Planning Commission 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: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? 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. A 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- Resolution No. 2002-26 Page 1 of 4 sale license would not contribute to the general well being of the 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? 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. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? 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, has the potential to affect the economic stability and the future economic development of properties in the surrounding area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? 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. 5. 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 D. A mitigated negative declaration and mitigation monitoring program was approved and adopted by the Planning Commission at a public hearing held on Conditional Use Permit No. 2002-12. • Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit number 2002-13. This decision Resolution No. 2002-26 Page 2 of 4 • 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 Planning Commission is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. ADOPTED this 28th day of October, 2002 by the following vote: AYES: Commissioners: Cribb, Leo, Mondo, Nalle, Richardson, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Doughty (1) ABSTENTIONS: Commissioners: None (0) P ;.. ~~=~~c:, z. -Alexander Nalle • Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By ~ ,~ Kylee Ode: Deputy Ci Attorney • Resolution No. 2002-26 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2002. Date: Z ~~ ~ ~-- "`.~ .c la Wing o mission Secretary City of S to Ana U • Resolution No. 2002-26 Page 4 of 4