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HomeMy WebLinkAbout20130708_2013-10_425NEuclidStROH — 07/08/13 V�Y•]ILIjr[•7►1►[•]f841S[c3SiIIt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012 -28 TO UPGRADE A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE TO A TYPE 21 LICENSE FOR THE PROPERTY LOCATED AT 425 NORTH EUCLID STREET 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. The applicant is requesting approval of Conditional Use Permit No. 2012 -28 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 425 North Euclid Street. B. On March 6, 2013, the Zoning Administrator held a duly noticed public hearing regarding Conditional Use Permit No. 2012 -28 for an ABC license upgrade on the property located at 425 North Euclid Street. At that time, the matter was continued by the Zoning Administrator to April 17, 2013. At the conclusion of that hearing, the Zoning Administrator determined that a nearby church, located within 1,000 feet of the subject site, resulted in an overconcentration of ABC licenses in the area and denied the applicant's request for an ABC license upgrade. C. The Zoning Administrators decision to deny Conditional Use Permit No. 2012 -28 was appealed to the Planning Commission by the applicant (Appeal No. 2013 -01). Appeal No. 2013 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 10, 2013, to consider all testimony, written and oral. At that time, the matter was continued by the Planning Commission to June 24, 2013. At the conclusion of that hearing, the Planning Commission granted Appeal No. 2013 -01, and ordered that the underlying application be brought back before the Planning Commission for consideration. Resolution No. 2013 -10 Page 1 of 9 D. Conditional Use Permit No. 2012 -28 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 8, 2013, to consider all testimony, written and oral. E. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. F. The Planning Commission 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, wine and distilled spirits along with their market related products. This will thereby benefit the community by providing the community with an additional and complementary amenity. The La Plaza Market has been found to be a complementary use at this location as proven by their low numbers of police related calls for service. By offering distilled spirits as an ancillary component of their retail market, La Plaza Market 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 upgrade to allow the off -sale consumption of distilled spirits in addition to 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. Resolution No. 2013 -10 Page 2 of 9 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. Further, several site improvements, including new signage, additional landscaping, and the restriping and repaving of the parking lot, will be made to 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 of the S.A.M.C. for such use? As conditioned, the proposed Type 21 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? The proposed use will not adversely affect the General Plan. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Also, the project is consistent with Policy 2.2 of the Land Use Element, which 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. Resolution No. 2013 -10 Page 3 of 9 G. 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. 2012 -26 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2012 -28 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 8, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of July , 2013. AYES: Commissioners: Bacerra, Crespo, (6) NOES: Commissioners: None (0) ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R.,e'cVvalho, City Attorney Ryan 'C Assista Alderete (1) None (0` Gartner, Mill, Nalle, Yrarrazaval Vice Chairman Resolution No. 2013 -10 Page 4 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2013 Date: —/ — oZOIx- Secretary o e tanning mission City of Santa Ana Resolution No. 2013 -10 Page 5 of 9 Conditions for Conditional Use Permit No. 2012 -28 Conditional Use Permit No. 2012 -28 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. 2012 -06. 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. 101RIO'7ii_1 Resolution No. 2013 -10 Page 6 of 9 JULY 8, 2013 PAGE 2 OF 4 9. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. 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 shall provide or increase the number of 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% 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 shall not be sold in bottles or containers smaller than 25.3 ounces (750 ml.) Beer coolers, wine coolers must be sold in manufacturer pre - packaged multi -unit quantities. Resolution No. 2013 -10 Page 7 of 9 JULY 8, 2013 PAGE 3 OF 4 18. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12 a.m. each day of the week unless otherwise modified by the granting of an after -hours Conditional Use Permit. 19. Existing venue and required parking must conform to the provisions of Chapter 8, Article Il, 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. 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. At a minimum, new windows shall be installed on either side of the store entrance to provide visibility to the cash register. The size of the windows shall be determined by the Planning Division and Police Department. 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 5' and ending at 6'6 ". 26. No person under the age of 21 shall sell or deliver alcoholic beverages. Resolution No. 2013 -10 Page 8 of 9 JULY 8, 2013 PAGE 4 OF 4 27. 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) The system is to be IP based and law enforcement will be allowed accessibility to the system. Resolution No. 2013 -10 Page 9 of 9