Loading...
HomeMy WebLinkAbout1997-05• RESOLUTION NO. 97-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA CONFIRMING THE ACTIONS OF THE ZONING ADMINISTRATOR MODIFYING THE CONDITIONS FOR APPROVAL FOR CONDITIONAL USE PERMIT NO. 95-03 WHEREAS, on May 22, 1995, the Planning Commission approved Conditional Use Permit No. 95-03 to allow a Type 21 Alcoholic Beverage Control License at the Main Ranch Market located at 1303 North Main Street; and WHEREAS, over the past several months, staff has received numerous complaints from the State of California's Department of Alcoholic Beverage Control and the local neighborhood association regarding the operation of the market as it relates to the sale of alcohol in individual units and the accumulation of litter and trash on or around the property; and WHEREAS, Conditional Use Permit No. 95-03 came before the Zoning Administrator for a public hearing on July 17, 1997, for modification to address the aforementioned complaints; and WHEREAS, following said public hearing, the Zoning Administrator determined to modify the conditions of approval for Conditional Use Permit No. 95-03 to mitigate the aforementioned complaints; and WHEREAS, this Commission held a public hearing on August 25, 1997, to modify the conditions of approval for Conditional Use Permit No. 95-03. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Commission finds and determines as follows: A. Will the proposed use, as modified, provide a service or facility which will contribute to the general well being of the neighborhood or the community? The modification of Conditional Use Permit No. 95-3 for the off-premise sale of beer, wine and distilled spirits will not be detrimental to the general well being of the neighborhood. The sale of alcoholic beverages, as modified, will complement the sales of other products found in the market and are consistent with the operations of larger, regional market operations not • found in the area. 1 B. Will the proposed use, as modified, 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 sale of alcoholic beverages from the proposed market will not be detrimental to the health, safety, and general welfare of persons residing or working in the local area, as the modified conditions of approval have been included which preclude the consumption of alcoholic beverages at or near the premises. Based on reports received from the neighbors and the Police Department, additional conditions have been modified to eliminate potential adverse impacts associated with the use, particularly as it relates to litter and trash on and around the property. C. Will the proposed use, as modified, adversely affect the present economic stability or future economic development of properties surrounding the area? The modified use of the subject property as it relates to alcohol sales will not have an adverse impact on the economic stability of the site or surrounding properties since no over-concentration of licenses is occurring and conditions have been modified to minimize impacts on surrounding properties. The modified conditions will enhance the overall operations of the market and enhance the quality of the site. D. Will the proposed use, as modified, comply with the regulations and conditions specified in Chapter 41 for such use? The proposed site and use, as modified, will be brought into closer compliance with the regulations and conditions specified in Chapter 41 for this use as well as the conditions specified for this ABC license. E. Will the proposed use, as modified, adversely affect the General Plan or any specific plan of the City? The proposed use, as modified, will not adversely affect the General Plan or the proposed Midtown Specific Plan. The project is in compliance with the General Plan and follows the guidelines within the proposed Midtown Plan. 2. Modification of Conditional Use Permit No. 95-03 is hereby approved, as set forth in Attachment A, attached hereto and incorporated herein. 2 • ADOPTED this following vote: AYES: NOES: ABSENT: ABSTENTIONS: 25 day of August , 1997, by the Commissioners Oliver, Mondo, Doughty, Verino, Hanna, and MacDowell Commissioners None Commissioners Nalle COmm15SlOnerS None ATTEST: Kenneth Adams Planning Manager Planning and Building Agency APP OVED AS TO FORM: Gary A. S atz . Assistant C y Att ney .~ ,~ • 3 G2' L ~~~~/C~ exanaer Nalte airman RESOLUTION NO. 97-05 :age I Conditions for A royal Should Conditional Use Permit No. 95-3 be approved, the project must comply with all applicable sections of the Santa Ana Municipal Code, Uniform Building Code, Uniform Fire Code, and California Administrative Code and all other applicable regulations. In addition, it shall meet the following conditions: A. Planning Division 1. Window signage shall be limited to no more than 25 percent of any window. 2. The roof sign and roof sign structure shall be removed from the building. 3. All shopping carts shall be stored within the building. H. Police Department 1. The existing structure and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. 3. The petitioner shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. 5. There shall be no coin-operated games maintained on the premises at any time. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensee. ATTACHMENT A 4ESOLUTION NO. 97-05 -age 2 7. All public telephones shall be located on the interior of the licensed premises. 8. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 9. The petitioner shall post a placard prohibiting loitering on the premises in both English and Spanish. The posted sign must conform to Santa Ana Municipal Code Section 10-96(c). 10. It shall be the petitioner's responsibility to ensure that Santa Ana Municipal Code Section 10-96 is complied with at all times. 11. Between the hours of 5:00 p.m. and 9:30 p.m., at any time the premises is open, the petitioner(s) shall provide a minimum of one uniformed, licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 12. There shall be no fortified or high-potency wines available to the public for sale,, 13. Beer shall be sold on the premises only in packaged units of a six- pack or more. Beer shall not be sold by individual cans or bottles. (Modified by the Zoning Administrator on July 17, 1997). 14. No distilled spirits shall be sold in bottles or containers smaller than 750 ml or a four-pack or wine. 15. The sales of alcoholic beverages shall be restricted to 7:00 a.m. to 9:00 p.m., seven days a week. 16. Install a roof and locking devise on the existing trash enclosure as approved by the Police Department. The trash dumpster must be kept inside the trash enclosure, with the enclosure locked at all times. Trash pick-up must be scheduled on a daily basis. (Modified by the Zoning Administrator July 17, 1997). 17. The Conditional Use Permit will be reviewed by the Police Department at 90 days from this review, at six month's, and annually thereafter for compliance with conditions of approval and possible modification if those conditions are violated. (Modified by the Zoninq Administrator July 17, 1997).