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HomeMy WebLinkAbout20081015_2008-15_115NHarborBl• 0 11 ROH — 10/15/08 RESOLUTION NO. 2008 -15 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008 -31 AS CONDITIONED FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD 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. 2008 - 31 for a Type 21 Alcoholic Beverage Control license, which allows the sale of distilled spirits for off - premise consumption, for the property located at 115 North Harbor Boulevard. B. Conditional Use Permit No. 2008 -31 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 24, 2008. On September 24, 2008, the Zoning Administrator continued the hearing on Conditional Use Permit No. 2008 -31 to October 15, 2008. C. 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, have not been established: 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 a needed service to the community by allowing a nationally recognized retail establishment to offer alcohol sales as an ancillary component of their store. Rite Aid Drug Store's have shown themselves to be positive tenants in their other locations around the City, as proven by their low numbers of police related calls for service. By allowing Rite Aid Drug Store to operate at this location it is supporting Policy 4.3 of the Land Use element which encourages development that Resolution No. 2008 -15 Page 1 of 6, provides benefits to the community and the region. By • offering alcohol sales as an ancillary component of their retail market and pharmacy, Rite Aid Drug Store 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 ABC license will not be detrimental to persons residing and working in the area because the off - premise sale of alcoholic beverages, as conditioned, will not create any negative or adverse impacts. Alcohol sales at this establishment are ancillary to the retail sales and pharmacy component. Additionally, Rite Aid Drug Stores market themselves to families and working professionals who are typically not associated with loitering, public intoxication or other negative • impacts associated with alcohol sales. Allowing Rite Aid 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? The proposed Rite Aid Drug Store is located in a commercial zoning district that is suitable for the proposed use. The addition of a national retail establishment 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. Resolution No. 2008 -15 Page 2 of 6 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- prernise general ABC license will be in compliance with all applicable regulations and conditions 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 alcohol license will not adversely affect the General Plan. 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. D. 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 is an in -fill project in an urban area • that conforms with the zoning and General Plan. Categorical Exemption Environmental Review No. 2008 -148 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. 2008- 31 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 September 24, 2008 and exhibits attached thereto; the Request for Zoning Administrator Action dated October 15, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008 -15 Page 3 of 6 ADOPTED this 15th day of October, 2008. • ti Vince Fr oso Acting Zo dministrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Ryan O Flo e Deputy ., ity A tc CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -15 to be the original resolution • adopted by the Zoning Adrrlinistrator of the City of Santa Ana on October 15, 2008. Date: o the Zoning Administrator City of Santa Ana is Resolution No. 2008 -15 Page 4 of Q 0 Conditions for Approval for Conditional Use Permit No. 2008 -31 Conditional Use Permit No. 2008 -31 is approved subject to compliance, to the reasonable satisfaction of the Zoning Administrator, 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 perrrlit. 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. 08 -14). 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. 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. 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. • Resolution No. 2008 -15 Page 5 of 6 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 and maintained in corked bottles. 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. r 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. 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. A timed - access cash controller or drop safe must be installed. 19. Install a silent armed robbery alarm. • Resolution No. 2008 -15 Page 6 of 6 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. I served the foregoing document described as: Resolution No. 2008 -15 (Conditional Use Permit No. 2008 -31) in this action-by placing a rum thereof enclosed in sealed envelopes addressed as follows: Tamara Fenner Stantec 19 Technology Drive Irvine, CA 92618 Don Pieper Donald & Reid Pieper 13122 Laurinda Way Santa Ana, CA 92705 [ ] 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 November 13, 2008 at Santa Ana, California. C___7 CEL N MAGAtONA •