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HomeMy WebLinkAbout20110615_2011-08_1301ESeventeenthStC~ ROH - 06/15/11 RESOLUTION NO.2011-08 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-12 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1301 EAST SEVENTEENTH 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. 2011-12 for a Type 20 Alcoholic Beverage Control license, which allows the sale of beer and wine for off-premise consumption, for the property located at 1301 East Seventeenth Street. • B. Conditional Use Permit No. 2011-12 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 18, 2011. At that time, the Zoning Administrator continued the matter for a further hearing on June 15, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. 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: 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 ability to purchase alcoholic beverages in conjunction with prescription and over-the counter medicines as • well as a variety of general merchandise and sundries to the general public. The ABC license will not Resolution No. 2011-08 Page 1 of 7 • 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 beer and wine to the other items already offered in the store, Walgreens 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 as the use, as conditioned, will not create any negative or adverse impacts. Walgreens is an established national chain with established policies and procedures including a national 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 within the store and area in general. Further, this will allow Walgreens to remain competitive with similar uses in the area which offer beer and wine sales as part of their 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 Resolution No. 2011-08 Page 2 of 7 • 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. In addition, 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. 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. 2010-148 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. 2011- 12. 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 May 18, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated June 15, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of June, 2011. APPROVED AS TO FORM: Joseph~Strgka, City Attorney • Ryan Assis /~~~ Vince Frego Zoning Adminls rator Resolution No. 2011-08 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-08 to be the original resolution adopted by the Zoning Administrator of the City. of Santa Ana on June 15, 2011. Date: ~ >, .__~, ~'-"~~ Clerk e Zoning Administrator City of Santa Ana Resolution No. 2011-08 page 4 of 7 • Conditions for Conditional Use Permit No. 2011-12 Conditional Use Permit No. 2011-12 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 rior 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-36. 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. B. Police Department 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. Exhibit A Page 1 of 3 Resolution No. 2011-08 Page 5 of 7 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. 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 7:00 a.m. and 11:00 p.m., each day of the week. 14. This land use authorization is only for a Type 20 off-sale beer and wine, any other license use at this location will require a new land use clearance. 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 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. 17. Cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or a security plan approved by the Police Department must be • submitted. Exhibit A Resolution No. 2011-08 Page 2 of 3 Page 6 of 7 C~ • 18. Window displays must be kept to a minimum for 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 or a security plan approved by the Police Department must be submitted. Exhibit A Resolution No. 2011-OS Page 3 of 3 Page 7 of 7