HomeMy WebLinkAbout20091216_2009-16_3960SMainStUnitDbk:12/11/09
RESOLUTION NO.2009-16
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2003-26 AS
CONDITIONED FOR A TYPE 21 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR THE PROPERTY LOCATED AT
3960 SOUTH MAIN STREET, UNIT D
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. Applicant is requesting approval of a request to modify Conditional Use
Permit No. 2003-26 to upgrade from a Type 20 (off-premise consumption of
beer and wine) to a Type 21 (off-premise consumption of distilled spirits)
Alcoholic Beverage Control license for the property located at 3960 South
• Main Street, Unit D.
B. The request to modify Conditional Use Permit No. 2003-26 came before the
Zoning Administrator of the City of Santa Ana for a duly noticed public
hearing on December 16, 2009.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit
for the sale of alcoholic beverages for off-site consumption.
D. The Zoning Administrator determines that the following findings, which must
be established in order to grant a Conditional Use Permit from the provisions
of the 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 the community?
The proposed upgrade to the existing Alcoholic Beverage
Control (ABC) license for Owik Korner will provide an
additional service to the community by expanding the variety
of merchandise available to the neighborhood. Conditions
have been placed on the ABC license, which will mitigate any
potential impacts created by the sales of distilled spirits and
ensure that the use will not negatively affect the surrounding
community.
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Resolution No. 2009-16
Page 1 of 7
• 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 Type 21 off-sale general ABC license, as
conditioned, will not be detrimental to the persons residing and
working in the area because the sale of alcoholic beverages
will occur as an ancillary use to a convenience store and will
not create any negative or adverse impacts. The sales of
products are targeted toward families and business
professionals not typically associated with loitering or public
intoxication. Conditions are imposed to mitigate any potential
impacts that could otherwise affect the health, safety, or
general welfare of persons residing or working in the vicinity.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
Qwik Korner is located on a parcel of land that fronts two
major arterial streets and therefore is suitable for the proposed
use. Qwik Korner has been an established and viable
business at this location since 1990, which will assist in
maintaining the economic viability of the retail center. This in
turn will contribute to the economic stability of surrounding
• properties in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed Type 21, off sale general ABC
license will be in compliance with all applicable regulations and
conditions imposed on an establishment selling beer, wine and
distilled spirits pursuant to Chapter 41 of the Santa Ana
Municipal Code as well as other state and local regulations.
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.
Convenience stores and ancillary uses such as alcoholic
beverage control licenses are permitted within the General
Commercial (GC) General Plan designation and the Arterial
Commercial (C5j zoning district. The proposed project is not
located in a specific plan area in the City.
E. In accordance with the California Environmental Quality Act, the proposed
project is exempt from CEQA review per Section 15301. Class 1 exemption
consists of the licensing of existing private structures involving negligible or
• no expansion of an existing use. Categorical Exemption Environmental
Review No. 2009-145 will be filed for this project.
Resolution No. 2009-16
Page 2 of 7
• Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves the modification to Conditional Use Permit No.
2003-26 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 above said
hearing, which includes but is not limited to: the Request for Zoning Administrator Action
dated December 16, 2009, and exhibits attached thereto; and the public testimony, all of
which are incorporated herein by this reference.
ADOPTED this 16th day of December, 2009
APPROVED AS TO FORM:
• Joseph W. Fletcher, City Attorney
~qn
City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk to the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2009-16 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on December 16. 2009.
Date: //p
-/ lerk t he Zo dml istrator
City of Santa Ana
•
Resolution No. 2009-16
Page 3 of 7
• Conditions for Approval for Conditional Use Permit No. 2003-26
Conditional Use Permit No. 2003-26 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 riot 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 Plan Review
approval of DP No. 2002-65 2009-53. (Modified by the Zoning
Administrator December 16, 2009)
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. Unless authorized by a conditional use permit, Tthere shall be no operation
between the hours of 12:00 midnight and 5:00 a.m. (Modified by the
Zoning Administrator December 76, 2009)
4. The alcoholic beverage storage and display area may not exceed five
hundred square feet.
5.
,
negatvey ^~'°^' °~'~^~^~^^ ~°side;,ts (Deleted by the Zoning
Administrator December 76, 2009)
B. Police Department
1. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
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Exhibit A
Resolution No. 2009-16
Page 4 of 7
• 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. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition. (Modified by the Zoning
Administrator December 7ti, 2009)
4. There shall be no amusement machines or video rein-eperated games
maintained on the premises at any time. (Modified by the Zoning
Administrator December 76, 2009)
5. All public telephones shall be located on the interior of the premises, and
. (Modified by the Zoning Administrator
December 76, 2009)
6. Th., .,.,+'+'., ^./cl chn11 he. . c:hl^ fr.r ... :..+..:..:.... +h^ .. ^ ~ f~^^ .,f
rnK:+' All ^~~K'fi '~. +~. h^ . .^.+ ...'+h'.. 7A h^~~.~ ..f ..
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 72
• hour of being applied. (Modified by the Zoning Administrator
December 16, 2009)
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_ ^^~+ m^in+ninr~rl ^.~^,+ h.,++1^~ (Modified by the Zoning
Administrator December 16, 2009)
10. y li°v=a"uic~erv°c ^I+ h^..`.~nrr^ 4'+'^~ef i.~ ~.,hc ~~~'~v~'~.
iv vim., or similar sloe 6~entalnerS are--p;~::oEted. "'^ hi...~ i. m.+l+
bevera9es~haii ;?~seia in quantities of Jess-##an six~er~ale-(Deleted
by the Zoning Administrator December 16, 2009)
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.
•
Resolution No. 2009-16
Page 5 of 7
• 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. This land use clearance is for a type 21 off-sale general ABC license. An
other type of license use at this location will require separate land use
approval. The ..i~~ s ..i...,+..,r.. tie..o~...,o~ ~+..,u tie ...~++o.+ .,..~.
ho4...von +L.,. Nn ~ ..f 7~l1l1 .. ..,+ ~~~nn ., ..,.+, ,+,.., .,+ +tie , o~
(Modified by the Zoning Administrator December 16, 2009)
14. This conditional use permit shall be reviewed by the Police Department
after 90 days, six months and one year, and annually thereafter for
modifications or violations of any of the conditions.
15. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
16. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
17. Window displays and racks must be kept to a maximum height of three
• feet including merchandise.
18. Atimed-access cash controller must be installed.
19.2 Interior displays and racks must be kept to a maximum of five feet
including merchandise.
20.x8 Install a silent armed robbery alarm.
21.28 Existing store and required parking within the entire commercial center
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.
(Added by the Zoning Administrator December 16, 2009)
22. ~ Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board condition 20 must be complied with. (Added by the Zoning
Administrator December 16, 2009)
•
Resolution No. 2009-16
Page 6 of 7
• 23. ~ Provide a Closed Circuit Television System approved by the Police
Department and capable of viewing and recording events inside the
premises with a resolution which will clearly identify individuals for later
identification as follows:
(a) A minimum of one color camera at each cash register that views
the front of a customer, from the waist to the top of the head.
(b) A minimum of one color camera that views the full length side of a
customer at the cash resister area.
(c1 A color camera recorder capable of recording events on all
cameras simultaneously.
(d) A tape or disc storage library of recorded cameras kept for a
minimum of 60 days.
(e) If video tape is used, tapes cannot be taped over more than six
times.
An audio recording component that will record sounds occurring at
• the customer counter. (Added by the Zoning Administrator
December 16, 2009)
24. ~ Clearly distinguishable height markers shall be installed on the inside door
Iamb of all doors used by the public to access the store. Horizontal marks,
one-inch wide by three inch Iona, in different colors, and in a contrasting
color to the backsround, shall be placed every six inches beginning at 5
feet and ending at 6 feet, 6 inches. (Added by the Zoning
Administrator December 76, 2009)
•
Resolution No. 2009-16
Page 7 of 7