HomeMy WebLinkAbout20120423_2012-04_3600WMcFaddenROH — 05/14/12
• RESOLUTION NO. 2012-04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2012-05 AS
CONDITIONED FOR A TYPE 21 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 3600 WEST MCFADDEN
AVENUE
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. The applicant is requesting approval of Conditional Use Permit No.
2012-05 for a Type 21 Alcoholic Beverage Control license, which
allows the sale of beer, wine, and distilled spirits for off -premise
is
consumption, for the property located at 3600 West McFadden
Avenue.
B. The applicant has filed an ABC License Action Request form with the
ABC Agency requesting that their current Type 20 ABC license be
cancelled upon the issuance of the Type 21 ABC license. This
cancellation justifies voiding Conditional Use Permit No. 2009-06,
which allowed the Type 20 ABC license on the property and would no
longer be necessary or pertinent.
C. Conditional Use Permit No. 2012-05 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public
hearing on March 21, 2012. On March 21, 2012, the Zoning
Administrator of the City of Santa Ana continued the matter to March
28, 2012. On March 28, 2012, the Zoning Administrator of the City of
Santa Ana continued the matter to April 10, 2012. On April 10, 2012,
the Zoning Administrator approved Conditional Use Permit No. 2012-
05 as conditioned.
D. Conditional Use Permit No. 2012-05 came before the Planning
Commission of the City of Santa Ana on the consent calendar on
April 23, 2012. On April 23, 2012, the Planning Commission of the
City of Santa Ana voted to continue the matter to May 14, 2012, for a
• duly noticed public hearing. Conditional Use Permit No. 2012-05
Resolution No. 2012-04
Page 1 of 8
came before the Planning Commission of the City of Santa Ana for a
•
public hearing on May 14, 2012.
E. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages.
F. 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?
The proposed Alcoholic Beverage Control (ABC)
license will provide an additional service and
convenience to the community by allowing patrons the
convenience of purchasing a variety of alcoholic
beverages while purchasing other general merchandise
or awaiting for other Wal-Mart store services. 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.
By adding distilled spirits to their current offerings of
beer and wine, and the other items already offered in
the store, Wal-Mart can better serve the community by
providing added convenience and a one-stop shopping
experience.
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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. Wal-Mart is an established department store
chain with established policies and procedures,
including an employee training program focused on
security and alcohol sales responsibility. These
security and educational measures will ensure that
beer, wine, and distilled spirits sales are handled in a
responsible manner, increasing the customer
convenience without increasing the number of service
Resolution No. 2012-04
Page 2 of 8
• calls to the Police Department or adversely affecting
residents or businesses in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
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The approval of an upgraded ABC license for the Wal-
Mart will positively influence the present and future
economic stability of the property by further diversifying
the products and services offered and furthering the
value of the store to the community as a destination for
one-stop shopping. As the major anchor tenant within
the multi -tenant shopping center, its viability will assist
in the promotion of the leasing of other tenant spaces
within the project site and the surrounding commercial
areas in general.
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 alcohol license will be in compliance
with all applicable conditions of Chapter 41 of the
Santa Ana Municipal Code regarding off -premise
general liquor licenses. Conditions of approval have
been added to ensure the project remains in
compliance with all applicable codes and regulations
related to alcohol sales to ensure that the use does
not impact neighboring properties or create an
attractive nuisance.
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. Retail establishments and regulated
uses such as Alcoholic Beverage Control (ABC)
licenses are permitted within the General Commercial
(GC) General Plan land use designation. The project is
consistent with Goals 2 and 5 of the Land Use Element
of the City's General Plan which promote land uses that
enhance the City's economic and fiscal viability and
that mitigate any potential impacts.
Resolution No. 2012-04
Page 3 of 8
• G. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301.
The Class 1 exemption allows the licensing of existing facilities with
no expansion of the existing use. Categorical Exemption
Environmental Review No. 2011-7 will be filed for this project.
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Section 2. The Planning Commission of the City of Santa Ana after
conducting the public hearing hereby approves Conditional Use Permit No. 2012-
05 as conditioned in Exhibit A attached hereto and incorporated as though fully set
forth herein. With the approval of Conditional Use Permit No. 2012-05, the
Planning Commission also approves voiding Conditional Use Permit No. 2009-06,
which previously granted a Type 20 ABC license on the property. 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 21, 2012,
and exhibits attached thereto; the Request for Zoning Administrator Action dated
March 28, 2012, and exhibits attached thereto; the Request for Zoning
Administrator Action dated April 10, 2012, and exhibits attached thereto; the
Request for Planning Commission Action dated March 14, 2012, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by
this reference.
ADOPTED this 14th day of May, 2012, by the following vote:
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner,
Yrarrazaval(7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Soni Iho, City Attorney
By: �,
Ryan . d e
Resolution No. 2012-04
Page 4 of 8
• CERTIFICATE OF ATTESTATION AND ORIGINALITY
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I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2012- 04 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on May 14, 2012.
Planning Commissi6rf Secretary
City of Santa Ana
Resolution No. 2012-04
Page 5 of 8
. Conditions for Conditional Use Permit No. 2012-05
Conditional Use Permit No. 2012-05 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
Lo 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. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 2011-3.
2. Any amendment to this conditional use permit must be submitted to
the Planning Division and Police Department for review. At that time,
staff will determine if administrative relief is available or the
• conditional use permit must be amended.
3. The shopping cart containment system must be maintained in
operating conditions at all times.
4. The existing Type 20 ABC license shall be cancelled upon the
issuance of a Type 21 ABC license, and CUP 2009-06 shall be null
and void upon the approval of CUP 2012-05.
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
is at any time.
Exhibit A Resolution No. 2012-04
Page 1 of 3 Page 6 of 8
• 5. All public telephones shall be located on the interior of the premises.
6. The petitioner(s) shall be responsible for maintaining the premises
free of graffiti. All graffiti shall be removed within 24 hours of
occurrence.
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. No wine shall be sold with an alcoholic content of greater than 15
percent by volume except for "Dinner Wines" which have been aged
two years or more, and maintained in corked bottles.
10. 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.
11. 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.
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12. 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.
13. The sales of alcoholic beverages shall be permitted only between
the hours of 6:00 a.m. and 12:00 a.m., each day of the week.
14. 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.
15. Existing market 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.
Exhibit A Resolution No. 2012-04
Page 2 of 3 Page 7 of 8
16. Prior to issuance of Letter of Approval to the Alcohol Beverage
0 Control Board condition 15 must be complied with.
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17. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of
three feet including merchandise.
19. A timed -access cash controller or drop safe must be installed.
20. Install a silent armed robbery alarm.
Exhibit A
Page 3 of 3 Resolution No. 2012-04
Page 8 of 8