HomeMy WebLinkAbout20120725_ZA2012-08_3300SBristolROH -- 07/25/12
RESOLUTION N0.2012-08
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2012-14 FOR A
TYPE 20 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR THE PROPERTY LOCATED AT 3300
SOUTH BRISTOL STREET
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS;
Section 1. The Zoning Administrator of the City of Santa Ana hereby
finds, determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No.
201214 for a Type 20 Alcoholic Beverage Control (ABC) license,
which allows the sale of beer and wine for off-premise consumption,
for the property located at 3300 South Bristol Street.
B. Conditional Use Permit No, 2012-14 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public
hearing on July 25, 2012.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages.
D. Although this establishment does not meet the City's
overconcentration standards, the State has deemed it to be over
concentrated based on census tract data, which determines the
number of off-premise alcohol outlets that are permitted within each
census tract. This area is allowed three off-sale locations and three
active licenses currently exist. The instant conditional use permit
allows a fourth off-premise ABC license in this census tract, which
results in an overconcentration of licenses as defined by the State.
Therefore, a letter of Public Convenience and Necessity (PCN) is
required to address the State overconcentration issues.
E. The Zoning Administrator 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:
Resolution No. 2012-fl$
Page 1 of 7
9. Will the proposed use provide a service or facility which will
contribute to the genera{ 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
ability to purchase alcoholic beverages in conjunction
with groceries as well as a variety of general
merchandise to the general public, 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. Moreover, the
sales of alcoholic beverages at larger retail stores such
as Target are intended for families and business
professionals who are not typically associated with
loitering or public intoxication, thus helping to reduce
any potential impacts to surrounding businesses or
residential neighborhoods. By adding beer and wine to
the other items already offered in the store, Target can
better serve the community by providing added
convenience and aone-stop shopping experience.
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. The use, as
conditioned, will not create any negative or adverse
impacts. Target is a national chain that increasingly
offers groceries as part of its business model. The
company also has established policies and procedures,
including an employee training program focused on
security and alcohol responsibility, which will ensure
that beer and wine sales are handled in a responsible
manner.
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 retail
establishment at this location will positively influence
the present and future economic stability of the property
by further diversifying the products and services offered
Resolution No. 2012-08
Page 2 of 7
within the stare and area in general. Target is the
primary anchor tenant of the planned shopping center
in which it operates; its success assists in the leasing of
other tenant spaces on the project site. Further, this
will allow Target to remain competitive with similar uses
in the area which offer alcoholic beverage sales as part
of their normal retail operations.
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 District Center {DC)
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.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption applying to projects
that have no possibility of having a significant impact on the
environment. Categorical Exemption Environmental Review No.
2011-36 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after
conducting the public hearing hereby approves Conditional Use Permit No. 2012-
14 as conditioned in Exhibit "A" attached hereto and incorporated herein. In
addition, the Zoning Administrator authorizes the Planning Commission to issue a
Public Convenience and Necessity (PCN) Letter for the project. These decisions
Resolution No. 2012-08
Page 3 of 7
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Conditions for Conditional Use Permit No. 2092-14
Conditiona! Use Permit No. 2012-14 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. All proposed site improvements must conform to the Site Pian
Review approval of DP No. 2019 -12.
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 existing Shopping Cart Containment and Retrieval system shall
remain operable and active during normal business hours.
B. Police Department
The police department recommends approval of this application based on
an average crime rate in the area with the following mitigation measures.
1, No alcoholic beverages shall be consumed on any property adjacent
to the licensed premises under the control of the licensee.
2. The petitipner shah 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.
Exhibit A
Page 1 of 3 Resolution No. 20'[2-08
Page 5 of 7
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 licensees} shall be removed or painted
within 24 hours of being applied.
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. All managers and employees selling alcoholic beverages shall
undergo and successfully complete a training program in responsible
methods and skills for selling alcoholic beverages. The Santa Ana
Police Department must approve said training program. Records of
each employee's successful completion of the 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.
10. 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.
11. 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.
12. 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.
13. Wine shall not be sold in bottles or containers smaller than 750 ml,
unless sold in manufacturer pre-packaged multi-unit quantities. Beer
coolers, wine coolers must be sold in manufacturer pre-packaged
multi-unit quantities.
14. The sales of alcoholic beverages shall be permitted only between
the hours of 6:00 a.m. and midnight, each day of the week.
15. 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.
Exhibit A
Page 2 of 3 Resolution No. 2012-08
Page 6 of 7
16. Existing building and required parking must conform to the provisions
of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). These code conditions will require
that the existing project's lighting, doorlwindow locking devices and
addressing be upgraded to current code standards. Lighting
standards cannot be located in required landscape planters.
17. Cash registers must be visible from all public areas at all times and
shall not be obstructed at any time by temporary or permanent
signage.
18. Window displays must be kept to a minimum far maximum visibility
and shall not exceed 25 percent of window coverage.
19. Window displays and racks must be kept to a maximum height of
three feet including merchandise.
20. Atimed-access cash controller or drop safe must be installed.
21. install a silent armed robbery alarm.
Exhibit A
Page 3 of 3 Resolution No. 2012-08
Page 7 of 7
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