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HomeMy WebLinkAbout20080604_2008-08_5111WEdingerAv 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. 2008-08 (Conditional Use Permit No. 2008-13) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: [Address] [ ] 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 [date] at Santa Ana, California. ______________________________ JOCELYN MAGALONA Resolution No. 2008-08 Page 1 of 7 ROH – 5/29/08 RESOLUTION NO. 2008-08 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-13 AS CONDITIONED FOR THE PROPERTY LOCATED AT 5111 WEST EDINGER AVENUE 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- 13 for a Type 21 Alcoholic Beverage Control license, which allows the sale of distilled spirits for off-premise consumption, for the property located at 5111 West Edinger Avenue. B. Conditional Use Permit No. 2008-13 came before the Zoning Administrator of the City of Santa Ana for a public hearing on May 21, 2008. On May 21, 2008, the matter was continued to June 4, 2008. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site or 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 community? The Type 21 ABC license for the O.C. Supermarket will add an additional service to the existing community by providing an additional product to the existing food market store. This will provide patrons with the convenience of purchasing beer, wine and distilled spirits while purchasing their groceries. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City’s Resolution No. 2008-08 Page 2 of 7 needs for goods and services. Additionally, the inclusion of conditions of approval will help to ensure that the applicant will operate the store in a manner that will not create additional problems for the neighboring residents and Police Department. 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 Type 21 ABC license will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2008-13. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The sales of products at the market are targeted toward families in the neighboring area and an ABC license at this location will not create any negative impacts to the surrounding residences and commercial businesses due to the conditions of approval that have been placed on the conditional use permit. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties in the surrounding area? The Type 21 ABC license will not negatively affect the economic stability of the surrounding area. Policy 2.5 of the Land Use Element encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. A license for the market will not affect the surrounding neighborhood or City. The addition of the Type 21 license will create an additional service for the surrounding residential neighborhoods. The conditions of approval will help to mitigate any potential problems and will minimize the possibility of the license affecting the economic stability for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed Type 21 ABC license is not subject to the City of Santa Ana’s criteria for over-concentration as outlined in Chapter 41 of the Santa Ana Municipal Resolution No. 2008-08 Page 3 of 7 Code. In addition, conditions of approval will be placed on the conditional use permit to ensure compliance with City standards. The proposed license complies with the intent of the City’s codes in that the license will not negatively impact the surrounding commercial and residential locations. The O.C. Supermarket is located in a commercial district and allows the proposed use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have adverse affects on the General Plan as it is permitted in the General Commercial land use designation. Policy 2.2 and 2.5 of the Land Use Element encourage commercial land uses in adequate amounts to accommodate the City’s needs for goods and services and encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The Type 21 license will give the neighborhood an additional retail market to purchase their alcoholic beverages. Additionally, Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The market is located within an existing shopping center and the addition of the license to the existing retail market will not affect the General Plan of the City, as conditions of approval will help to mitigate any potential impacts to the surrounding neighborhoods. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the licensing of an existing use with no expansion. Categorical Exemption Environmental Review No. 07-144 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- 13 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 abovesaid hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated May 21, 2008 exhibits attached thereto; the Request for Zoning Administrator Action dated June 4, 2008 exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008-08 Page 4 of 7 ADOPTED this 4th day of June 2008. _______________________ Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:________________________ Ryan O. Hodge Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008-08 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on June 4, 2008. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2008-08 Page 5 of 7 Conditions for Approval for Conditional Use Permit No. 2008-13 Conditional Use Permit No. 2008-13 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. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (DP No. 07-50). 3. Prior to final approval of the conditional use permit, a landscape plan for the site shall be submitted to the Planning Division for review and approval. 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. Resolution No. 2008-08 Page 6 of 7 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 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. 13. The sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 12:00 a.m., each day of the week. 14. This land use clearance is for a Type 21 off-sale beer and wine ABC license. Any other type of license use at this location will require separate land use approval. 15. This conditional use permit shall be reviewed by the Police Department after 90 days, six months, one year, and annually thereafter for modifications or violations of any of the conditions. 16. Existing market 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. Resolution No. 2008-08 Page 7 of 7 17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Condition 16 must be complied with. 18. Cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 19. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 20. Window displays and racks must be kept to a maximum height of three feet including merchandise. 21. A timed-access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm.