HomeMy WebLinkAbout2002-14• Kdo/06/03/02
RESOLUTION NO.2002-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2002-08 FOR A TYPE 21 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LCOATED AT 1015 SOUTH FAIRVIEW 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. On April 10, 2002 the Zoning Administrator of the City of Santa Ana denied
Conditional Use Permit No. 2002-08 after conducting the public hearing.
B. Applicant appealed the Zoning Administrator's decision to the Planning
Commission.
C. On May 28, 2002 the Planning Commission conducted a public hearing on
Conditional Use Permit No. 2002-08.
D. Conditional Use Permit No. 2002-08 has been filed with the City of Santa
Ana seeking a Type 21 Alcoholic Beverage Control license which allows the
sale of distilled spirits in addition to beer and wine for off-premise
consumption for the property located at 1015 South Fairview Street.
E. 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:
Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or community?
The proposed Type 21 Alcohol Beverage Control license will
not contribute to the well being of the neighborhood. The
crime rate of the area places this reporting district in the City
15~h out of 102 reporting districts in the City. Based upon prior
experience with overconcentration of off-sale liquor licenses,
the sale of distilled spirits in this area would further aggravate
or intensify existing conditions and generate additional calls for
• police service. Additionally, there are three additional Type
21 Alcohol Beverage Control licenses within 1000 feet of this
Resolution No. 2002-14
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• facility any one of which constitutes a violation of section 41-
132 of the Santa Ana Municipal Code. Moreover, there is an
Elementary school and Library within 1000 square feet of this
facility that also constitutes a violation of section 41-132 of the
Santa Ana Municipal Code. Finally, there is a fourth Type 21
Alcohol Beverage Control license in the vicinity, a market in
excess of 20,000 square feet thereby making this additional
license unnecessary.
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 ABC license would be detrimental to persons
residing and working in the area as the sale of distilled spirits
may further intensify the crime rate in the area. A review of
police related calls have detailed incidents in the area that may
increase due to the presence of distilled spirits in the market,
specifically the public nuisance crimes, such as intoxicated in
public, public urination, and petty theft.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
• The 1.84-acre site contains a retail center that is suitable for
the proposed project. Although numerous businesses are
currently found in the surrounding area, the introduction of
distilled spirits will increase the crime rate of the area. This will
negatively affect the area's economic stability or future
economic development by having existing businesses relocate
and discourage new businesses from occupying vacant
spaces.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The use is not in compliance with the Section 41-132 of the
Santa Ana Municipal Code regarding overconcentration of
alcohol licenses. There are three existing Type 21 Alcohol
Beverage Control licenses and an Elementary school within
1000 feet of this facility. As such, the proposed use does not
comply with the regulations and conditions in Chapter 41.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
• The proposed use would not satisfy the City's Land Use Goal
of promoting land uses which enhance the City's economic
Resolution No. 2002-14
Page 2 of 4
• and fiscal viability, as an over concentration of licenses in the
area would exceed the needs for goods and services in the
immediate area. This over abundance will result in an unsafe
environment for the City's residents, workers, and visitors.
Additionally, the proposed use would not satisfy the City's
policy of supporting commercial land uses in adequate
amounts to accommodate the City's needs for goods and
services, since there is an over concentration of licenses in the
area this license would be in excess of what is necessary to
accommodate the City's needs. Accordingly, the proposed
use adversely affects the General Plan.
F. After completion of Environmental Review No. 00-207, a Categorical
Exemption has been filed for this project pursuant to the California
Environmental Quality Act.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby denies Conditional Use Permit number 2002-08. 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; the public testimony; the
evidence presented at the Zoning Administrator hearing held on April 10, 2002; and the
computer generated map illustrating 1000 feet from this facility, which based upon
testimony presented at the hearing i~ a accurate map of the area, 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 May, 2002by the following vote:
AYES: Commissioners: Cribb, Leo, Mondo, Nalle, Richardson, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Doughty (1)
ABSTENTIONS: Commissioners: None (0)
c
/ ~ ~ f ~,.
Alexander Nalle
Chairperson
•
Resolution No. 2002-14
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~.
Kylee Od~tte
Deputy City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2002-14 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on May 28, 2002.
Date: ~ / 'L---
Pla Wing Co fission Secretary
Ci y of S a Ana
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Resolution No. 2002-14
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