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HomeMy WebLinkAbout20140206_2014-05_1308WEdingerAvROH — 01 /27/14 RESOLUTION NO. 2014 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -49 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1308 WEST EDINGER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2013 -49 for a Type 21 Alcoholic Beverage Control (ABC) license, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1308 West Edinger Avenue. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. C. On January 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -49. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -49 to allow for a Type 21 ABC license: 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 will provide a service or facility which will contribute to the general well -being of the neighborhood or community by allowing customers the ability to purchase beer, wine and distilled spirits along with products available at a full - service grocery store. Further, the approval of an ABC license will not result in a new license in the area as the site has continuously maintained an ABC license since the building was constructed in 1964. Conditions of approval have been placed on the ABC license that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -05 Page 1 of 9 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 the health, safety, or general welfare of 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 the past, the supermarkets that occupied the subject location have not generated calls for service due to sale of alcoholic beverages. Further, the two existing Smart & Final stores in Santa Ana have not generated any significant Police Department calls for service. In addition, alcohol sales will occur within the interior of the premises and will be incidental to the market use. Further, the use will not create any negative or adverse impacts but will enhance the quality of life and safety of the area by offering services and products to those who frequent the site from the surrounding residential neighborhoods. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of a Type 21 ABC license for the Smart & Final Extra establishment at this location will positively influence the present and future economic of the property by allowing the applicant the ability to further diversify the types of products and services offered within the store. The proposed building, which is currently vacant, is one of the primary anchor tenants of the integrated development site. The leasing of this space to a Smart & Final Extra with alcohol sales will allow the market to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their normal retail operations. In addition, site improvements will be made to the site, including facade upgrades, lighting, landscaping and signage, which will bring the site into closer compliance with the City's development standards. These improvements will enhance the economic value of the property and will affect the economic stability of the area in a positive manner. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will be in compliance with all applicable criteria of Chapter 41 of the Santa Ana Municipal Code for an off - premise liquor license. Per SAMC Section Resolution No. 2014 -05 Page 2 of 9 41- 196(d), overconcentration and separation criteria for this store are not applicable to this proposal as the building is larger than 10,000 square feet in size, which is the minimum allowable size for a retail store to have the separation criteria waived. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations 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 alcohol license will not adversely affect the General Plan. Retail markets and regulated uses such as alcoholic beverage control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Specifically, the project supports the following policies of the Land Use Element: • Policy 2.2, providing adequate amounts of goods and services for the City through a local market whose clientele is in the immediate vicinity; Policy 2.4, supporting pedestrian access between the proposed market and the surrounding residential communities in close proximity; Policy 2.8, which promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed market use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of this vacant space with a viable business further supports the rehabilitation of this property; • Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and character with the existing development in the area; • Policy 5.1, promoting development with community benefits that enhance the quality of life by allowing residents in the immediate area to shop at a market Resolution No. 2014 -05 Page 3 of 9 with a full range of goods, including beer, wine and distilled spirits; • Policy 5.2, protecting the community from incompatible land uses through conditions of approval that will protect the surrounding community from potential adverse impacts or from the market developing into an attractive nuisance; and • Policy 5.4, which supports land uses which are consistent with the Land Use Plan of the Land Use Element. The Planned Shopping Center (C4) zoning district allows markets by right and alcohol licenses subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Element. E. The subject site is located in Reporting District No. 128. This reporting district is 20 percent above the average reporting for all districts and is 22 percent higher than the average number of reported crimes in all reporting districts. Due to the crime rate in the reporting district, a Public Convenience and Necessity (PCN) letter will be required for the State of California. Additionally, per SAMC Section 41- 196(d), since this building is over 31,000 square feet in size, this property is not subject to the City's overconcentration standards. However, the site is subject to the State overconcentration standards as this census tract is allowed four off -sale outlets and five active licenses currently exist. As a result, the PCN letter will also address the State's overconcentration standards. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the licensing of existing and new facilities with no expansion in the size of the use. Categorical Exemption Environmental Review No. 2013 -108 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -49 as conditioned in Exhibit "A" attached hereto and incorporated herein. In addition, the Planning Commission authorizes the issuance of a Public Convenience and Necessity (PCN) Letter for the project. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -05 Page 4 of 9 ADOPTED this 27th day of January 2014 by the following vote: AYES: Commissioners: Alderete, Bauer, Bacerra, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2014 Date: l// y Secr6tarybf the Planning om issio City of Santa Ana Resolution No. 2014 -05 Page 5 of 9 Conditions for Conditional Use Permit No. 2013 -49 Conditional Use Permit No. 2013 -49 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. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The applicant 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 window signs or other signs visible from outside, 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. 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. 7. The applicant 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 applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. Exhibit A Resolution No. 2014 -05 Page 6 of 9 JANUARY 27, 2014 PAGE 2 OF 4 10. 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 persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. 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 state - licensed, uniformed security guards at a number 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 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. 13. Alcoholic beverages in containers of less than 16 ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Resolution No. 2014 -05 Page 7 of 9 JANUARY 27, 2014 PAGE 3 OF 4 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb 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 5' and ending at 6'6 ". 22. No person under the age of 21 shall sell or deliver alcoholic beverages. 23. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e) If video tape is used, tapes cannot be taped over more than six times. f) An audio recording component that will record sounds occurring at the customer counter. g) An Internet Protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. Resolution No. 2014 -05 Page 8 of 9 JANUARY 27, 2014 PAGE 4 OF 4 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 26. Prior to issuance of a certificate of occupancy, the parking lot shall be repaired, repaved and restriped to City standards. 27. Prior to issuance of a certificate of occupancy, a new trash enclosure shall be constructed per City standards. 28. Prior to issuance of a certificate of occupancy, all exterior improvements to the building shall be completed. 29. Prior to release of the ABC license to the State Department of Alcohol, a landscape plan must be submitted and be approved. Modified by Planning Commission on January 27, 2014: a condition of approval to require enhanced landscaping along the east wall of the building (facing Bristol Street) as a deterrent to graffiti as outlined in the attached staff report. Resolution No. 2014 -05 Page 9 of 9