HomeMy WebLinkAbout20090729_2009-08_1041WFirstStAppeal denied on PC Resolution 2009-14 September 28, 2009
• bk:7/23/09
RESOLUTION NO. 2009-08
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2009-13 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 1041 WEST FIRST 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. Applicant is requesting approval of Conditional Use Permit No. 2009-13 for a
Type 20 (off-premise consumption of beer and wine) Alcoholic Beverage
Control license for the property located at 1041 West First Street.
B. Conditional Use Permit No. 2009-13 came before the Zoning Administrator
• of the City of Santa Ana for a duly noticed public hearing on July 29, 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. WiH the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or the community?
The proposed alcohol license will not provide an additional
amenity to the community as there is one other establishment
in the vicinity that offers beer and wine for off-premise sales.
The off-premise alcoholic beverage license has the potential to
attract nuisances to the adjacent park, schools, commercial
and residential areas which will not contribute to the general
well being of the neighborhood or community.
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 off-premise beer and wine license will be
• detrimental to persons residing and working in the area as the
off-premise sale of alcoholic beverages has the potential to
Resolution No. 2009-08
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• create nuisances such as loitering, disturbing the peace,
graffiti and other crimes that impact surrounding businesses
and residential neighborhoods. These negative impacts to
surrounding properties are further compounded by the subject
property's location within 1,000 feet of a park and schools
attended primarily by minors. Additionally, the subject site is
located within Reporting District No.145, which ranks first out
of the 102 citywide districts in total number of police-related
incidents.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
Carniceria Rubio's Market is located in a commercial area that
is suitable for the existing use. However, a concentration of
off-premise sale outlets not only increases the availability of
alcohol but the nuisance crimes that impact the economic
viability of the adjacent commercial area and neighboring park,
schools, and residential developments. The denial of this
application would support Policy 4.5 of the Economic Element
of the General Plan which discourages making land use
decisions based purely on fiscal considerations but also the
qualitative implications that are associated. This new alcohol
license's potential to increase nuisance crimes will adversely
• affect the economic stability of the surrounding properties.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed alcohol license will not be in compliance with all
applicable conditions of Chapter 41 of the Santa Ana
Municipal Code regarding off-premise beer and wine license
since this location meets all three criteria established for
defining over concentration. The Santa Ana Municipal Code
defines the over concentration of alcohol licenses as a site that
meets any one of the following criteria:
1. The premise is located within 1,000 feet of another
existing off-premise license location;
2. The premise is located within 1,000 feet of any property
used as a school primarily attended by minors, a
church or a park;
3. The premise is determined to be over concentrated by
the criteria developed by the State Department of
Alcoholic Beverage Control.
• The subject property is within 1,000 feet of one other off
premise alcohol licenses, a 7-11 located at 902 West First
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• Street. The subject property is also within 1,000 feet of a park,
Angels Community Park located at 914 West Third Street, and
schools attended by minors, Katherine Irvine Day School
located at 1002 West Second Street and Santa Ana High
School located at 722 West First Street.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed alcohol license will adversely affect the General
Plan in several ways. First, the granting of an alcohol license
will also be inconsistent with Policy 2.9 of the Land Use
Element which supports developments that create a business
environment that is safe and attractive. The granting of an
alcohol license increases the potential for nuisance crimes
such as loitering, disturbing the peace, graffiti and other crimes
that impact surrounding businesses and residential
neighborhoods. The granting of this application is also
inconsistent with Policies 5.1 and 5.5 of the Land Use Element
of the General Plan which discourages projects that are not
compatible with surrounding land uses and have the potential
to negatively impact their quality of life. The projects proximity
to both residential properties as well as other sensitive land
uses identified in the over concentration criteria further support
• the denial of this application.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption applies to
a project that involves the licensing of an existing structure with little or no
expansion involved. Categorical Exemption Environmental Review No.
2009-178 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby denies Conditional Use Permit No. 2009-13. 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 July 29, 2009, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 29th day of Julv, 2009
•
Resolution No. 2009-08
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• APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
r;
By:
Benja in//1 aufma
Chief Asr;istant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2009-08 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on July 29, 2009.
~:
Date:
Cler of the Zoning A minist for
City of Santa Ana
•
C]
Resolution No. 2009-08
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