Loading...
HomeMy WebLinkAbout110328_2011-04_2445SBristolC~ ROH - 03/28/11 RESOLUTION NO. 2011-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-04 AS CONDITIONED FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2445 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA A5 FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2011-04 for a Type 21 Alcoholic Beverage Control license, which allows the sale of beer, wine, and distilled spirits for off-premise • consumption, for the property located at 2445 South Bristol Street. B. Conditional Use Permit No. 2011-04 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 9, 2011. Pursuant to Santa Ana Municipal Code Section 41-641, the Zoning Administrator referred the matter to the Planning Commission to be heard on March 28, 2011. C. Conditional Use Permit No. 2011-04 came before the Planning Commission of the City of Santa Ana for a public hearing on March 28, 2011. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. E. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to 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 community? r~ U Resolution No. 2011-04 Page 1 of 8 • The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in addition to groceries found within the supermarket. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. 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 will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Although the use is located in an above- average crime area, a direct link between the sale of alcoholic beverages and crime rate cannot be determined. The supermarket's location within a commercial corridor makes it an appropriate location for this type of use. Additionally, the supermarket's • primary entrance faces Bristol Street which will reduce the potential for negatively impacting the surrounding businesses and residents. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the supermarket at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the supermarket and area in general. Further, the proposed project will provide for additional employment opportunities for residents 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? As conditioned, the project will comply with all regulations and conditions for commercial businesses • in the city as well as all other State and local Resolution No. 2011-04 Page 2 of 8 • regulations that pertain to the sale of alcoholic beverages. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Supermarkets and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. F. 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. 2010-141 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2011- 04 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated March 9, 2011, and exhibits attached thereto; the Request for Planning Commission Action dated March 28, 2011, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28~h day of March, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (ti) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) Gartner (" Resolution No. 2011-04 Page 3 of 8 Chairman APPROVED AS TO FORM: Joseph,Strraka, Cj>jy Attorney Ryan CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011- 04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2011. Date: ~ .~ tanning Commisslo a tary City of Santa Ana Resolution No. 2011-04 Page 4 of 8 • Conditions for Conditional Use Permit No. 2011-04 Conditional Use Permit No. 2011-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. Applicant shall ensure that an electronic shopping cart containment system shall be maintained in operating condition at all times over parcel number 410-421-03. 2. The use of anti-graffiti paint shall be utilized on exterior building surfaces • accessible to the public. B. Police Department 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. 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. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. Resolution No. 2011-04 Page 5 of S 7. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 8. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant(s) shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. At all times that the premises is open for business the applicant(s) shall employ a minimum of one (1) uniformed, licensed security guard. Said guard(s) duty shall monitor the front and rear parking areas and remain on the premises until the close of business. 11. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. • 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The State of California Department of Alcohol Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "Dinner Wines" which have been aged two years or more and maintained in corked bottles. 14. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 15. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre- packaged multi-unit quantities. 16. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 ml. Beer coolers, wine coolers, or pre-mixed distilled spirit • cocktails must be sold in manufacturer pre-packaged multi-unit quantities. Resolution No. 2011-04 Page 6 of 13 C~ 17. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m., each day of the week. 18. The Police Department shall review the operation after 90 days, six months, one year, and annually thereafter for modification or violations of any of the conditions of approval. 19. Existing building and required parking must conform to 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. 20. Cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 21. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. 23. Atimed-access cash controller or drop safe must be installed. 24. Install a silent armed robbery alarm C. Applicant Imposed Conditions 1. No sale of fortified beers or wines. 2. No sale of single cans. 3. No extended hours for the sale of alcohol. 4. All sprits will be stored and displayed in a locked liquor cabinet. 5. No change of location of the beer or wine displays without the ABC approval and policy. Resolution No. 2011-04 Page 7 of 8