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HomeMy WebLinkAbout20110915_2011-12_1431SVillageWay• RESOLUTION NO. 2011-12 ROH - 09/15111 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-17 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE PROPERTY LOCATED AT 1431 SOUTH VILLAGE WAY 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. 2011- 17for aType 21 and Type 42 Alcoholic Beverage Control (ABC) licenses to allow the on and off-premise sale and consumption of beer, wine, and distilled spirits at the establishment located at 1431 South Village Way. • B. Conditional Use Permit No. 2011-17 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 31, 2011. On August 31, 2011, the Zoning Administrator of the City of Santa Ana continued the matter to September 15, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 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 alcohol beverage licenses will allow the business to effectively compete with other wine merchants in the region by allowing residents of Santa Ana and surrounding cities to purchase wine, store wine bottles, and conduct tastings on the site. Conditions have been placed on the alcoholic beverage control licenses which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • Resolution No. 2011-12 Page 1 of 6 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 licenses for the on- and off-site consumption of beer and wine at the facility will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the retail and storage uses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but wi11 instead allow the establishment to compete with other merchants in the area that also offer alcoholic beverages for sale to their patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for on-site alcohol consumption. The facility is mainly comprised of wine and wine accessory storage, as well as wine storage. It is therefore eligible to obtain a Type 21 and a Type 42 alcoholic beverage control license. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. An establishment with ancillary on-site alcohol consumption provides a retail service to the residents of Santa Ana. E. 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. 2011-45 will be filed for • this project. Resolution No. 2011-12 Page 2 of 6 • Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2011-17 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated August 31, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated September 15, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of September, 2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney • By: Rye As; CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-12 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on Se tember 15 2011. Date: t; (( / ~ ~-_-.--Glet~ko ~~ a Zoning Administrator City of Santa Ana Resolution No. 2011-12 Page 3 of 6 • Conditions for Conditional Use Permit No. 2011-17 Conditional Use Permit No. 2011-17 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 rip or 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. The applicant shall submit architectural plans for the proposed remodel of the storefront. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2011-16. • 3. 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. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 5. There shall be no outdoor sales or consumption of alcohol. 6. Prior to the issuance of the Certificate of Occupancy the applicant shall cancel the existing Type 20 ABC license already in possession. 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 coin-operated games maintained on the premises at any time. Exhibit A Resolution No. 2011-12 Page 1 of 3 Page 4 of 6 • 4. All public telephones shall be prohibited. 5. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 7. 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. 8. 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. 9. 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. 10. 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. • 11. Wine shall not be sold in bottles or containers smaller than 375 ml. 12. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 13. The sales of distilled spirits in pint sizes or smaller are prohibited. 14. The sales of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 9:00 p.m., 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. 16. Existing establishment and required parking within 60 feet 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. 17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control • Board condition 16 must be complied with. Exhibit A Resolution No. 2011-12 Page 2 of 3 Page 5 of 6 r1 U C~ 18. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 19. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 20. Window displays and racks must be kept to a maximum height of three feet including merchandise. 21. Atimed-access cash controller or drop safe must be installed. 22. A silent armed robbery alarm must be installed. Exhibit A Page 3 of 3 Resolution No. 2011-12 Page 6 of 6