HomeMy WebLinkAbout31D - CUP - 1544 E WARNER AVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 2, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2014 -28
TO ALLOW A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR BEST
WINES AT 1544 EAST WARNER AVENUE -
MICHAEL CHO, APPLICANT
� v4'X
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
I_�» iiPl
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2014 -28.
PLANNING COMMISSION ACTION
On July 28, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2014 -28 and authorized the issuance of a Public Convenience and Necessity (PCN)
Letter due to an overconcentration of licenses in the census tract by a vote of 7:0 for a Type 20
Alcoholic Beverage Control (ABC) license for the off - premise sale of beer and wine at 1544 East
Warner Avenue located in the Specific Development 8 (SD8) zoning district. The Planning
Commission made no changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A).
Best Wines has been operating as a wholesale, mail order and internet business within an
existing warehouse building since 2012. The approval of the Conditional Use Permit for a Type
20 ABC license for the off - premise sale of beer and wine will allow Best Wine the ability to
expand their existing business and provide an additional service to the residents and employees
in the vicinity. Full -sized site plans are available for public viewing in the Clerk of the Council
Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
31 D -1
Conditional Use Permit No. 2014 -28
September 2, 2014
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
0-
Karen Haluza
Interim Executive Director
Planning & Building Agency
VF:rb
vf"Wrts/CUPlcupl 4 -28 Best Wines=
Exhibit: A. Planning Commission Staff Report
31 D -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JULY 28, 2014
TITLE:
PUBLIC HEARING — FILED BY MICHAEL CHO
FOR CONDITIONAL USE PERMIT NO. 2014 -28
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR BEST WINES
AT 1544 EAST WARNER AVENUE
Prepared by Vince Fregooso
Intern Ex ~utive Director
On n I • r
PLANNING COMMISSION SECRETARY
APPROVED
❑ As Recommended
• As Amended
• Set Public Hearing For
DENIED
• Applicant's Request
• Staff Recommendation
CONTINUED TO
f
Acting Pla i ning M nager
1. Adopt a resolution approving Conditional Use Permit No. 2014 -28.
2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter
due to an overconcentration of licenses in the census tract.
Request of ADDlicant
Michael Cho, representing Best Wines, is requesting approval of a conditional use permit for a
Type 20 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer and wine at
1544 East Warner Avenue. Establishments that sell alcoholic beverages require a conditional
use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC).
Protect Location and Site Description
Best Wines currently operates a wholesale wine sales operation within the Brookhollow Office
Park, an existing multi - tenant business park located at 1500 -1570 East Warner Avenue, which is
the southeast corner of Warner and Grand Avenues. The Brookhollow Office Park is a 35 -acre
development that consists of 24 parcels and eight common area lots, with 24 one and two -story
buildings located within the office park that encompass approximately 407;176 square feet of floor
area. The office park is governed by Covenants, Conditions and Restrictions (CC &R's) that are
controlled by a Master Association. The southern three -acre section of Brookhollow is currently
vacant but was entitled in 2006 to allow for retail and restaurant uses.
Best Wines currently occupies a freestanding 11,920 square foot building that is located at the
northeast section of the office park that faces the Newport-Costa Mesa (SR -55) Freeway. A total
of 1,412 parking spaces are provided for the mixture of uses in the office park, while 60 spaces are
required for Best Wines.
EXHIBIT A
31 D -3
Conditional Use Permit No. 2014 -28
July 28, 2014
Page 2
Surrounding land uses include both industrial and commercial development to the north, various
office and commercial uses to the south, the Newport -Costa Mesa (SR -55) Freeway to the east,
and a mixture of office and assembly uses to the west (Exhibits 1, 2 and 3).
Project Description
Best Wines is requesting approval of a Type 20 Alcoholic Beverage Control (ABC) license to allow
the off- premise sale of beer and wine at the establishment. In conjunction with their ABC
application, Best Wines is intending to make tenant improvements to the building to accommodate
walk -in customers. Improvements such as new storefront glass and interior walls to separate the
retail areas from the warehouse and storage areas are proposed. Operating hours for the business
are from Monday to Saturday from 11:00 a.m. to 6:00 p.m. and on Sunday from 12:00 p.m, to
5:00 p.m.
The sales and storage areas for alcoholic beverages will encompass approximately 10,000 square
feet of the existing 11,902 square foot building, or approximately 85 percent of the building.
However, as the building exceeds 10,000 square feet in size, the maximum allowable area for the
storage and display for alcohol beverages of five percent is not applicable to this proposal (Exhibits
4 and 5).
Project Background
Best Wines is an online retailer and wholesaler of wine that has been operating at this location since
October 2012. The existing facility currently has a Type 17 (Wholesale beer and wine) ABC license,
which allows them to sell and ship wine via mail order, phone, internet and wholesale (business to
business). Best Wines is seeking to expand their operations and allow retail customers the ability to
enter the premises to purchase wine during their operating hours. As the applicant is applying for
an off - premise ABC license (Type 20), a CUP is required.
General Plan and Zoning Consistency
The General Plan land use designation for the site is Professional and Administrative Office (PAO),
which allows for office development and support commercial businesses such as those found within
the Brookhollow Office Park. Professional and Administrative Office areas are designed to serve as
anchors for the City's office uses. The project site is consistent with this General Plan land use
designation.
The zoning for the site is Specific Development District No. 8 ( Brookhollow Office Park). The SD -8
designation is a mixed -use zone that allows office, restaurant, retail, hotel and industrial land uses
such as the existing Best Wines business, including ancillary ABC licenses. Therefore, the
proposed use is consistent with the zoning designation.
31 D -4
Conditional Use Permit No. 2014 -28
July 28, 2014
Page 3
Proiect Analvs
Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use
permit requests may be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility which will contribute to the general well-
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity,
• That the proposed use will not adversely affect the present economic stability or future
economic development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41
for such use.
That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has
prepared the following analysis, which, in turn forms the basis for the recommendation contained In
this report. In analyzing the conditional use permit request, staff believes that the following
findings of fact warrant approval of the conditional use permit.
The proposed alcohol beverage control licenses will allow the existing establishment to
enhance its current operations by allowing retail sales of wine at this location. The conditional
use permit for the ABC license will allow Best Wines to expand its operations at this location
while allowing it to serve existing and new clientele. Standards that are applicable to the
alcoholic beverage control license will mitigate any potential impacts created by the use and
ensure that the use will not negatively affect the surrounding community.
• The proposed license for the off - premise consumption of beer and wine at this location will not
be detrimental to persons residing or working in the vicinity because alcohol related standards
have been placed on the proposed license that will mitigate any potential negative or adverse
impacts created by the use. In addition, the sale of alcoholic beverages will occur within the
interior of the premises and will not impact adjacent businesses.
31 D -5
Conditional Use Permit No. 2014 -28
July 28, 2014
Page 4
The proposed use will not adversely affect the economic stability of the area; but will instead
allow the facility to compete with other wine merchants in the area that also offer the retail
sale of beer and wine. Further, the establishment is proposing to expand its business by
including retail sales as a component of their business plan, which will assist in identifying the
location as an economically viable business and which will improve its economic
competitiveness.
• As conditioned, the proposed project will be in compliance with all applicable regulations
imposed on a business selling beer and wine pursuant to Chapter 41 of the Santa Ana
Municipal Code and the standards adopted by the City for retail uses that sell alcohol.
The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A
wine merchant provides a retail service to the residents and employees of Santa Ana. Further,
retail and ancillary uses such as off- premise alcohol sales are permitted within the Professional
and Administrative Office (PAO) land use designation. The proposed project is not located in a
specific plan area in the City. Further, Policy 2,9 of the Land Use Element supports
developments that create a business environment that is safe and attractive. The physical
improvement to the building will create an enhancement to the existing center and promote
commercial activity in the area. Policy 5.5 of the Land Use Element encourages development
that is compatible with and supporting of surrounding land uses. The Best Wines retail business
will be located in a commercial and business park area and will be compatible with the
surrounding businesses,
Best Wines is proposing to expand their existing operations by adding a retail component to the
business. The site will be in compliance with all standards of SAMC Section 41- 196(f) for the off -
premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate
potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance
to the community.
Letter of Public Convenience and Necessity
Due to staffs recommendation of approval, the issuance of a Public Convenience and Necessity
(PCN) letter is required. A PCN letter is required per Business and Professions Code Section
23958.4 as the State has determined that an overconcentration of off- premise ABC licensed
establishments within the census tract exists.
The City's criteria for overconcentration of off -sale establishments are found in Section 41- 196(d) of
the SAMC. The overconcentration criteria apply to off -.sale establishments that are less than 10,000
square feet in size. As Best Wines occupies an 11,920 square foot building, it is exempt from the
City's overconcentration criteria. However, as previously mentioned, the State's criteria for
overconcentration are applicable.
31 D -6
Conditional Use Permit No. 2014 -28
July 28, 2014
Page 5
The State Department of Alcoholic Beverage Control identifies a census tract as overconcentrated if
the ratio of off -sale retail licenses to the population of the census tract which the premises is located
exceeds the ratio of off -sale retail licenses to the population of the county. Based on this analysis,
census tracts In the City are allowed one licensed establishment per 1,650 residents, Best Wines is
located in Census Tract No. 740.03, which is allowed one off -sale outlet based on the State's
criteria, while five active licenses currently exist. Table 1 below and Map 1 on the following page
identify the location of the existing licensed premises. As the map shows, the licensed
establishments are disbursed throughout the census tract, with the closest licensed premises
approximately 2,200 feet from Best Wines.
Although the census tract is overconcentrated per State standards, the sale of wine at Best Wines
will not create any adverse impacts or adversely affect persons working or residing in the area.
Further, the business model for Best Wines differs from the other off - premise establishments as
Best Wines sells wine by the bottle or in larger quantities while the other establishments are smaller
neighborhood markets that sell both beer and wine. As a result, staff is recommending the
issuance of a PCN letter for Best Wines. The PCN letter will state that, despite the
overconcentration of ABC licenses in the census tract, the issuance of an additional off- -sale ABC
license at this location is necessary to serve the public convenience, will not create any adverse
impacts and will not impact the overall crime rate of the area.
Table 1: Off-Sale Licenses within Census Tract No, 740.03
Premises
Location
Type
Distance
(1) Mobil
1351 E. Dyer
Type 20
0,50 miles
Road
(2) Quality Suites
2701 S, Hotel
Type 20
2,190 feet
Terrace Drive
(3) Gerald's (wick Stop Market
3313 South Main
Type 20
_
1.45 miles
Street
(4) Acapulco Super Market
210 East Warner
Type 20
1.1 miles
Avenue
(5) Halladay Market
601 E. Central
Type 20
0.75 miles
Avenue
31 D -7
Conditional Use Permit No, 2014 -28
July 28, 2014
Page 7
Police Department Analvsis
The Police Department reviews conditional use permit applications for the sale of alcoholic
beverages because there is a strong correlation between the availability of alcohol and crime.
Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal
traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance
type of offenses.
The Police Department considered three factors when reviewing this type of application: crime
rate, overconcentration and sensitive land uses. It has been determined that 1544 East Warner
Avenue is located in Reporting District No. 209. This reporting district ranks 62nd out of 102
reporting districts in the number of police related calls for service established under Business and
Professions Code Section 23958,4, This reporting district is below the 20 percent threshold
established by the State for high crime. Further, this business is within a building that is almost
12,000 square feet in size and is therefore not subject to the separation requirements found in
SAMC 41- 196(d). Additionally, SAMC Section 41- 196(d)(3) defines overconcentration as any
location that has been determined to be overconcentrated by the State of California. This facility
is located in Census Tract No. 740.03, which is allowed one off -sale outlet while five active
licenses currently exist. However, as there is not a licensed establishment within 1,000 feet of
the site, overconcentration has not been identified as an issue for this request. Finally, a review
of the area has found that no sensitive uses are located in the immediate area that might be
negatively impacted by this action. As a result, the Police Department has evaluated the
applicant's request and believes that the proposed ABC license will not adversely affect the
surrounding community. Standards applicable to ABC licensed establishments are included as
required by the SAMC that are adequate to address any concerns related to the ABC License.
Public Notification
The project site is not located within the boundaries of an organized neighborhood, but is located
within the Brookhollow Office Park. Association. The president of this Association was notified by
mail 10 days prior to this public hearing and was contacted to ensure that they were notified of
the project and to see if there were any areas of concern. No areas of concern were identified by
the Association nor was there a request that the applicant present the project to a meeting of
their members.
The project site was posted with a notice advertising this public hearing, a notice was published
in the Orange County Reporter and notices were sent to all property owners and tenants within
500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
31 D -9
Conditional Use Permit No. 2014 -28
July 28, 2014
Page 8
CEQA Compliance
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 operating, permitting and
licensing of existing private structures with negligible or no expansion of the existing use. The
proposed application is to approve an alcoholic beverage control license and allow the sale of beer
and wine within an existing commercial building. Categorical Exemption Environmental Review
No. 2014 -60 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2014 -28,
Vince Fregoso, AICP
Acting Planning Ma ag r
VF:jm
vflreporteCUPlcupl A -28 Best Wines.072814.pc
Attachments:
Exhibit 1 —Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
31 D -10
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EKHIEIT 2
31 D -12
CUP 2014 -28
BEST WINES CUP FOR TYPE 20 ABC LICENSE
1544 EAST WARNER AVENUE
EXHIBIT 3
31 D -13
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31 D -15
Sec. 41 -196. Establishments selling alcoholic beverages.
Operational standards for off -sale establishments. The following operational standards
shall be included in the conditions of approval for the conditional use permit required
pursuant to Section 41 -196
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.
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 twenty -four
(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.
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.
The applicant shall at all times utilize an age verification device for all purchases
of alcoholic beverages.
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.
EXHIBIT 6
1 of 3
31 D -16
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 sixteen (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 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.
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 twenty -five (25) per cent of window coverage.
18. Window displays and racks must be kept to a maximum height of three (3) 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 door jamb
of all doors used by the public to access the store. Horizontal marks, one (1) inch
wide by three (3) inch long, in different colors, and in a contrasting color to the
background, shall be placed every six (6) Inches beginning at five (5) feet and
ending at six (6) feet six (6) inches.
2of3
31 D -17
22. No person under the age of twenty -one (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 (1) 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 (1) 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
sixty (60) days.
e) If video tape is used, tapes cannot be taped over more than six (6) 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.
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.
3of3
31 D -18
ROH — 07/28/14
RESOLUTION NO. 2014 -26
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2014 -28 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
� i Z � %\ � � �7: � ri b' i ! : ! �_F� r ► � � /d 1: � i . I ! :7: V / ! ► l � 1
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. 2014 -28
for a Type 20 Alcoholic Beverage Control license, which allows the sale of
beer and wine for off - premise consumption, for the property located at 1544
East Warner Avenue.
B. Conditional Use Permit No. 2014 -28 came before the Planning Commission
of the City of Santa Ana for a duly noticed public hearing on July 28, 2014.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
D. 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:
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 control licenses will allow the
existing establishment to enhance its current operations by
allowing retail sales of wine at this location. The conditional
use permit for the ABC license will allow Best Wines to expand
its operations at this location while allowing it to serve existing
and new clientele. Standards that are applicable to the
alcoholic beverage control license will mitigate any potential
impacts created by the use and ensure that the use will not
negatively affect the surrounding community.
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?
Resolution No. 2014 -26
Page 1 of 4
31 D -19
The proposed license for the off - premise consumption of beer
and wine at this location will not be detrimental to persons
residing or working in the vicinity because alcohol related
standards have been placed on the proposed license that will
mitigate any potential negative or adverse impacts created by
the use. In addition, the sale of alcoholic beverages will occur
within the interior of the premises and will not impact adjacent
businesses.
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 facility to
compete with other wine merchants in the area that also offer
the retail sale of beer and wine. Further, the establishment is
proposing to expand its business by including retail sales as a
component of their business plan, which will assist in
identifying the location as an economically viable business and
which will improve its economic competitiveness.
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 project will be in compliance
with all applicable regulations imposed on a business selling
beer and wine pursuant to Chapter 41 of the Santa Ana
Municipal Code and the standards adopted by the City for
retail uses that sell alcohol.
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 City's General
Plan. Policy 2.2 of the Land Use Element encourages land
uses that accommodate the City's needs for goods and
services. A wine merchant provides a retail service to the
residents and employees of Santa Ana. Further, retail and
ancillary uses such as off- premise alcohol sales are permitted
within the Professional and Administrative Office (PAO) land
use designation. The proposed project is not located in a
specific plan area in the City. Further, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. The physical
improvement to the building will create an enhancement to the
existing center and promote commercial activity in the area.
Policy 5.5 of the Land Use Element encourages development
Resolution No. 2014 -26
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31 D -20
that is compatible with and supporting of surrounding land
uses. The Best Wines retail business will be located in a
commercial and business park area and will be compatible
with the surrounding businesses.
E. A PCN letter is required per Business and Professions Code Section
23958.4 as the State has determined that an overconcentration of off -
premise ABC licensed establishments within the census tract exists. The
State Department of Alcoholic Beverage Control identifies a census tract as
overconcentrated if the ratio of off -sale retail licenses to the population of the
census tract which the premises is located exceeds the ratio of off -sale retail
licenses to the population of the county. Based on this analysis, census
tracts in the City are allowed one licensed establishment per 1,650
residents. Best Wines is located in Census Tract No. 740.03, which is
allowed one off -sale outlet based on the State's criteria, while five active
licenses currently exist. Although the census tract is overconcentrated per
State standards, the business model for Best Wines differs from the other
off - premise establishments as Best Wines sells wine by the bottle or in
larger quantities while the other establishments are smaller neighborhood
markets that sell both beer and wine. Thus, despite the overconcentration of
ABC licenses in the census tract, the issuance of an additional off -sale ABC
license at this location is necessary to serve the public convenience, will not
create any adverse impacts and will not impact the overall crime rate of the
area.
F. 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 operating, permitting and licensing of existing
private structures with negligible or no expansion of the existing use. The
proposed application is to approve an alcoholic beverage control license
and allow the sale of beer and wine within an existing commercial building.
Categorical Exemption Environmental Review No. 2014 -60 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. 2014 -28. 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 July 28, 2014, and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -26
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31 D -21
ADOPTED this 28th day of Jam, 2014.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan 0. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2014 -26 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 28, 2014.
Date:
Planning Commission Secretary
City of Santa Ana
31 D -22
Resolution No. 2014 -26
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