Loading...
HomeMy WebLinkAbout20090527_2009-04_1523WSeventeenth RESOLUTION NO. 2009-04 bk:5/21/09 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-09 AS CONDITIONED FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1523 WEST 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. Applicant is requesting approval of Conditional Use Permit No. 2009-09 for a Type 21 (off-premise consumption of beer, wine and distilled spirits) Alcoholic Beverage Control license for the property located at 1523 West Seventeenth Street. B. Conditional Use Permit No. 2009-09 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 20, 2009, and was continued at that time by the Zoning Administrator to the regular meeting of May 27, 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 Alcoholic Beverage Control (ABC) license for the store will provide a service to the community. This location was previously a Ralph's grocery store and they had alcohol sales. This store is replacing the Ralph's and will continue to provide this service to the community. By allowing Smart and Final to operate at this location would promote Policy 4.3 of the Land Use Element which encourages development that provides benefits to the community and the region. By offering alcohol sales as an ancillary component of their retail market, Smart and Final will offer a convenient and more complete Resolution No. 2009-04 Page 1 of 9 • shopping experience to the neighborhood. Additionally, appropriate conditions have been placed on the ABC license, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding 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 ABC license will not be detrimental to persons residing and working in the area. The previous grocery store had sold alcohol and this store is replacing it, continuing the sale of alcohol at this location, effectively not changing current conditions. Additionally, Smart and Final markets itself to families and working professionals who are typically not associated with loitering, public intoxication or other negative impacts associated with alcohol sales. Allowing Smart and Final to operate at this location will support Policy 2.3 of the Economic Development Element which encourages development of mutually beneficial businesses that support the surrounding community. 3. Will the proposed use adversely affect the present economic stability • or future economic development of properties surrounding the area? As indicated, there was a store that sold alcohol at this location and this store will continue that service. It will not impact the present economic stability or future economic development of this area. Moreover, the proposed Smart and Final is located in a commercial zoning district that is suitable for the proposed use. The addition of a major regional retail establishment at a center located at the intersection of two arterial streets has the potential to increase the economic viability of the area. This supports Policy 4.5 of the Land Use Element which encourages high quality development adjacent to major arterial roadways. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? Chapter 41 additionally regulates those markets under 20,000 square feet. This market is 36,000 square feet in size and therefore is not subject to the locational criteria established in Chapter 41. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? • Resolution No. 2009-04 Page 2 of 9 • The proposed project will not adversely affect the General Plan and its goals and policies. The sale of alcohol is permitted in commercial areas with a conditional use permit. 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. 2009-14 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. 2009-09 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 May 27, 2009, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The Zoning Administrator of the City of Santa Ana, for the reasons stated hereinabove, recommends that the Planning Commission authorize a letter of public convenience or necessity for a Type 21 Alcoholic Beverage Control license at this • location. ADOPTED this 27th day of May, 2009 Sergio Zoning By: Be Ch • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney nj n Ka man i f ssista t City Attorney Resolution No. 2009-04 Page 3 of 9 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-04 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 27, 2009. r---- ~~ ~ ,' - Date: l Zoning Administrator City of Santa Ana • • Resolution No. 2009-04 Page 4 of 9 • Conditions for Approval for Conditional Use Permit No. 2009-09 Conditional Use Permit No. 2009-09 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 project shall remain in compliance with Site Plan Review (DP No. 09-03) r, 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, the staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Applicant shall ensure that an electronic shopping cart containment system shall be maintained in operating condition at all times over the area generally set forth in Exhibit B to this Resolution. 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 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. • Exhibit A Page 1 of 3 Resolution No. 2009-04 Page 5 of 9 • 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 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% by volume except for "Dinner Wines" which have been aged two years or more. 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 12:00 a.m., each day of the week. 14. 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. 15. 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 (in the area generally shown on Exhibit C to this Resolution), door/window locking devices and addressing be upgraded to current code standards, as necessary. Lighting standards cannot be located in required landscape planters. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 15 must be complied with. 17. Window displays must be kept to a minimum for maximum visibility and shall • not exceed 25 percent of window coverage. Exhibit A Page 2 of 3 Resolution No. 2009-04 Page 6 of 9 • 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Applicant is to provide armed robbery prevention training to all of their employees on an annual basis. Curriculum is to be pre-approved by the Santa Ana Police Department. 21. Cash registers must be visible from the parking lot at all times and shall not be obstructed at any time by temporary or permanent signage. r~ ~J Exhibit A o., ,. ~ ,•f 3 Resolution No. 2009-04 Page 7 of 9 ~~ ~- •_ e.r.rpp~ • ~ ~~ q .. r ~ f' 1 r, c II '~ C. 4.. ... E f" 4- r r, r u ~+` ~ x'.~ry, ~ _ r r ~ r ~ r • r r '`. ...»-. .. ri"„ '. .... ' ... a N vi a+ d (6 10 ~p ~X C ~ J Q G/ KI ~ ~p f0 v -p C ~ C lL N ~ -p U/ O C .~ m m m N t' ~ 0-D f0 j io ~ O F N m Resolution No. 2009-D4 Exhibit B Page 8 of 9 • • • i ~~ ~R ; 1~^ •° ResoVutlon No. 2009-04 Exhibit C Page 9 of 9