HomeMy WebLinkAbout20130501_ZA2013-03_5210WFirstUnitAROH — 05/01/13
RESOLUTION NO. 2013 -03
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05 FOR A
TYPE 20 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR THE PROPERTY LOCATED AT 5210
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. The applicant is requesting approval of Conditional Use Permit No.
2013 -05 for a Type 20 Alcoholic Beverage Control (ABC) license,
which allows the sale of beer and wine for off - premise consumption,
for the property located at 5210 West First Street.
B. Conditional Use Permit No. 2013 -05 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public
hearing on May 1, 2013.
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 alcohol beverage license will provide an
ancillary service to the residents and employees of the
surrounding community by allowing them the ability to
purchase beer and wine along with their market related
products. This will thereby benefit the community by
providing the community with an additional and
complementary amenity. The 7- Eleven market will
Resolution No. 2013 -03
Page 1 of 7
offer a walkable shopping alternative for nearby
residents and businesses, and plans to offer a variety
of healthy packaged and fresh food items. By offering
beer and wine as an ancillary component of their retail
market, 7- Eleven will offer a convenient and more
complete 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 license for the off -sale consumption of
beer and wine at this location will not be detrimental to
persons residing or working in the vicinity because
conditions have been placed on the alcoholic beverage
control license that will mitigate any potential negative
or adverse impacts created by the use. In addition, the
use will occur within the premises and is incidental to
the market use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed use will not adversely affect the
economic stability of the area, but will instead allow the
market to be competitive with larger markets in the area
that also offer alcoholic beverages for sale to their
customers.
4. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 of the S.A.M.C. for such
use?
As conditioned, the proposed Type 20 ABC license
will be in compliance with all applicable regulations
and conditions imposed on a retail business selling
alcohol pursuant to Chapter 41 of the Santa Ana
Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2013 -03
Page 2 of 7
The proposed use will not adversely affect the General
Plan. Policy 2.2 of the Land Use Element encourages
land uses that accommodate the City's needs for goods
and services. A market with an ancillary alcohol license
provides an additional amenity to the residents of Santa
Ana. Further, retail stores and ancillary uses such as
off - premise alcohol sales are permitted within the
General Commercial (GC) land use designation. The
proposed project is not located in a specific plan area in
the City.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301.
The Class 1 exemption allows the licensing of existing facilities with
no expansion of the existing use. Categorical Exemption
Environmental Review No. 2013 -09 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. 2013-
05 as conditioned in Exhibit "A" attached hereto and incorporated herein. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes, but is not limited to: the Request for Zoning Administrator Action dated
May 1, 2013, and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 1st day of May, 2013.
APPROVED AS TO FORM:
Sonia R-�¢arvplhq, City Attorney
Ryan 0.!Hodc
Assistant,City
Resolution No. 2013 -03
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. 2013 -03 to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on May 1, 2013.
Date:
Clerk oft e Zdffeg Administrator
City of Santa Ana
Resolution No. 2013 -03
Page 4 of 7
Conditions for Conditional Use Permit No. 2013 -05
Conditional Use Permit No. 2013 -05 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 rp for
Lo 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.
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2013 -05.
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. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
4. The applicant shall be responsible for maintaining free of litter the area
adjacent to the premises over which he has control.
5. There shall be no exterior advertising of any kind or type, including window
signs or other signs visible from outside, promoting or indicating the
availability of alcoholic beverages on the premises.
6. There shall be no coin - operated games maintained on the premises at any
time.
7. All public telephones shall be located on the interior of the premises.
8. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the applicant shall be removed or painted over within 24
hours of being applied.
9. The applicant shall post a placard prohibiting loitering, pursuant to California
Penal Code ( "CPC') section 602, on the exterior of the premises.
Exhibit A
Page 1 of 3 Resolution No. 2013-03 5 of 7 Page 5 of 7
10. It shall be the applicant's responsibility to ensure that CPC section 602 is
complied with at all times that the premises are in operation.
11. The applicant shall at all times utilize an age verification device for all
purchases of alcoholic beverages.
12. 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 applicant may be required to provide uniformed,
licensed security guards to a total number of guards as determined by the
Chief of Police.
13. 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 California Department of
Alcoholic 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.
14. 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.
15. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz.,
40 oz., or similar size containers are prohibited. Beer or malt beverages
must be sold in manufacturer pre - packaged multi -unit quantities.
16. 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.
17. Wine and distilled spirits shall not be sold in bottles or containers smaller
than 25.3 ounces (750 ml.) Beer coolers, wine coolers, or pre -mixed
distilled spirit cocktails must be sold in manufacturer pre - packaged multi-
unit quantities.
18. 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 unless otherwise
modified by the granting of an after -hours conditional use permit.
Exhibit A
Page 2 of 3 Resolution No. 2013 -03
Page 6 of 7
19. Existing venue 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 lighting, door /window locking devices and addressing be upgraded
to current code standards. Lighting standards cannot be located in required
landscape planters. Corrections need to be made before the City will send
a letter of approval to Alcohol Beverage Control.
20. Cash register 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 and operable at all times.
25. Clearly distinguishable height markers shall be installed on the inside door
jamb of all doors used by the public to access the store. Horizontal marks,
one -inch wide by three inch long, in different colors, and in a contrasting
color to the background, shall be placed every six inches beginning at five
feet and ending at six feet six inches.
26. No person under the age of 21 shall sell or deliver alcoholic beverages.
27. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual, that has been
approved by the police department, addressing at a minimum the following
items: handling obviously intoxicated person; establishing a reasonable
ratio of employees to patrons; armed robbery deterrents; verifying
age /checking identification of patrons; CCTV placement and calling the
police regarding observed or reported criminal activity.
28. Prior to issuance of a certificate of occupancy, the applicant shall provide
additional landscaping improvements.
Exhibit A
Page 3 of 3 Resolution No. 2013-03 Page 7 of 7 7 of 7
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and
not a party to the within action; my business address is 20 Civic Center Plaza,
Ross Annex 2nd floor, Santa Ana, California 92702.
1 served the foregoing document described as: Resolution No. 2013 -03
RConditional Use Permit No. 2013 -05) in this action y p acing a true copy
ereo enclos�ec in spa envelopes addressed as follows:
Ralph W. Deppisch
Cliff haven Companies, Inc.
4340 Von Karman Ave., Ste. 110
Newport Beach, CA 92660
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be
deposited with U.S. Postal Service on that same day with postage thereon fully
prepaid at Santa Ana, California in the ordinary course of business. I am aware
that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed on June 26, 2013 at Santa Ana, C lifornia.
JOCELYN MAGALONA