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ZONING ADMINISTRATOR
PUBLIC HEARING
November 30, 2011
City Hall Ross Annex
Second Floor Conference Room
20 Civic Center Plaza, Santa Ana, CA 92701
CALL TO ORDER: 10:30 a.m.
Zoning Administrator: Vince Fregoso
Recording Secretary: Jocelyn Magalona
1. CONDITIONAL USE PERMIT NO. 2011-23 (Ali Pezeshkpour)
(Continued by Zoning Administrator: November 9, 2011 to November 16, 2011; November 16, 2011 to
November 30, 2011)
Filed by Hector Silva, on behalf of Northgate Gonzalez Market, to allow a Type 21
Alcoholic Beverage Control (ABC) license for the off premise sale of beer, wine and
distilled spirits at 409 East Fourth Street located in the Downtown (SD84) zoning
district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: October 28, 2011
PUBLICLY NOTICED: October 27, 2011
RECOMMENDATION:
Adopt a resolution approving Conditional Use Permit No. 2011-23 as conditioned.
2. Public Comments
Adjournment
Resolution No. 2011-XX
Page 1 of 7
ROH – 11/30/11
RESOLUTION NO. 2011-xx
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2011-23 FOR A
TYPE 21 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR THE PROPERTY LOCATED AT 409
EAST FOURTH 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.
2011-23 for a Type 21 Alcoholic Beverage Control license, which
allows the sale of beer, wine, and distilled spirits for off-premise
consumption, for the property located at 409 East Fourth Street.
B. Conditional Use Permit No. 2011-23 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public
hearing on November 9, 2011. At that time, the Zoning Administrator
continued the matter for a public hearing on November 16, 2011. On
November 16, 2011, the Zoning Administrator continued the matter to
November 30, 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 groceries as well as a variety of general
Resolution No. 2011-XX
Page 2 of 7
merchandise to the general public. The ABC license
will not 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,
wine, and distilled spirits to the other items already
offered in the store, Northgate can better serve the
community by providing added convenience and a one-
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. Northgate is an established grocery chain
with established policies and procedures including an
employee training program focused on security and
alcohol responsibility which will ensure that beer, wine,
and distilled spirits 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 Northgate to remain competitive with similar uses
in the area which offer beer, wine, and distilled spirits
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
Resolution No. 2011-XX
Page 3 of 7
related to alcohol sales to ensure that the use does
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 District Center (DC)
General Plan land use designation. 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.
2011-45 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-
23. 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 November 9, 2011, and exhibits attached thereto; and the public testimony,
all of which are incorporated herein by this reference.
ADOPTED this 30th day of November, 2011.
_______________________
Vince Fregoso
Zoning Administrator
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:________________________
Ryan O. Hodge
Assistant City Attorney
Resolution No. 2011-XX
Page 4 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-XXX to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on November 30,
2011.
Date: ________________ ____________________________________
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2011-XX
Page 5 of 7
Conditions for Conditional Use Permit No. 2011-23
Conditional Use Permit No. 2011-23 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 prior
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. 2011-19.
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. Submit a revised Shopping Cart Containment and Retrieval Plan for
review and approval indicating the presence and operation of an
electronic shopping cart containment system on the subject parcel.
The system shall remain activated at all times.
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.
Exhibit A
Page 1 of 3
Resolution No. 2011-XX
Page 6 of 7
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.
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. The applicant(s) shall at all times utilize an age verification device for
all purchases of alcoholic beverages.
10. At all times that the premises is open for business the applicant(s)
shall employ a minimum of one (1) uniformed, licensed security
guard. Said guard(s) duty shall monitor parking areas and remain on
the premises until the close of business.
11. The Chief of Police or his designate shall first approve every security
guard employed by you. If there is a marked or noticeable increase
in the number of police-related incidents on or near the premises, as
such increase may be determined by the Chief of Police, the
permittee shall increase the number of uniformed, licensed security
guards to a total number of guards as determined by the Chief of
Police.
12. All managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. The
State of California Department of Alcohol Beverage Control must
approve said training program. Records of each employee’s
successful completion of the certified training program required by
this section shall be maintained on the premises of the alcoholic
beverage outlet and shall be presented upon request by a
representative of the City of Santa Ana.
13. 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.
14. 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.
Exhibit A
Page 2 of 3
Resolution No. 2011-XX
Page 7 of 7
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Cash registers must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
21. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage.
22. Window displays and racks must be kept to a maximum height of
three feet including merchandise.
23. A timed-access cash controller or drop safe must be installed.
24. A silent armed robbery alarm must be installed.
Exhibit A
Page 3 of 3