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Home My WebLink About31A - CUP -1120 S BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014-46 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1120 SOUTH BRISTOL STREET - ADAM WOOD, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -46. PLANNING COMMISSION ACTION On March 9, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -46 by a vote of 7 :0 which approved the upgrade from a Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license in order to sell beer, wine and distilled spirits for off- premise consumption at Northgate Market located at 1120 South Bristol Street in the Bristol Street Corridor Specific Plan (SP1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Northgate Market is currently operating within an existing multi- tenant commercial center located on the southwest corner of Bristol Street and McFadden Avenue. The center is approximately 9.2 acres in size, with Northgate Market occupying approximately 22,714 square feet of building area. Northgate Market is requesting approval of a Type 21 ABC license upgrade to allow the off - premise sale of beer, wine and distilled spirits as an ancillary service to the primary retail use for its customers. The supermarket is open from 6:00 a.m. to 10:00 p.m., seven days a week. No changes to the hours of operation are proposed at this time. The overall storage of alcoholic beverages consists of 192 square feet, which is approximately less than one percent of the gross floor area of the building. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2014 -46 April 7, 2015 Page 2 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). FISCAL IMPACT There is no fiscal impact associated with this action. Vince -regoso, A Interim Executive Director Planning & Building Agency IO:rb IolReportMCU P14 -46 Nodhgate Market 21 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action - � •��t, : .� a __ •_ MARCH 9, 2015 TITLE: PUBLIC HEARING — FILED BY ADAM WOOD FOR CONDITIONAL USE PERMIT NO. 2014-46 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1120 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco Interim xec ^' e Director - - -- PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2014 -46. Request of Applicant Adam Wood, representing Northgate Market, is requesting approval of a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license for the off- premise sale of beer, wine and distilled spirits at an existing supermarket located at 1120 South Bristol Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Northgate Market is currently operating within an existing multi- tenant commercial center located on the southwest corner of Bristol Street and McFadden Avenue. The center is approximately 9.2 acres in size; Northgate Market occupies approximately 22,714 square feet of building area in the center and is centrally located on the site. The site contains 335 parking spaces. The site is surrounded by single - family residential uses to the north and south, multi- family residential uses to the west, and single- family residential to the east (Exhibits 1, 2 and 3). Proiect Description Northgate Market is requesting approval of a Type 21 ABC license upgrade to allow the off - premise sale of beer, wine and distilled spirits as an ancillary service to the primary retail use for its customers. The supermarket is open from 6:00 a.m. to 10:00 p.m., seven days a week. No changes to the hours of operation are proposed at this time. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 2 Storage and display areas for alcohol will be located in the beverage aisle and on end displays, with distilled spirits held in a locked display case located at the front of the store, and will only be accessible by the manager or designated staff members with managerial duties. The overall storage of alcoholic beverages contains approximately 192 square feet, which is approximately less than one percent of the gross floor area of the building (Exhibits 4 and b). Project Background Northgate Market has been in Southern California since 1980 and operates stores that range from local market size to units over 50,000 square feet. Moreover, Northgate Markets employ over 4,750 employees throughout Southern California. The company is open to the public and offers a full range of groceries, from produce and meats to bakery items and prepared foods. The building located at 1120 South Bristol Street has contained various supermarket tenants since 1956. In 1980, Minor Exception No. 80 -60 was approved to allow the sale of beer and wine through a Type 20 ABC License. The license has been continuously active since 1981 when Diho Market, the tenant at the time, occupied the tenant space. Northgate Market has operated out of this location since 1999. Recently, Northgate Market has been upgrading existing ABC licenses throughout their stores. By adding distilled spirits to the other items already offered In the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC): General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services such as this supermarket. The project site is consistent with this General Plan land use designation. The site is located within the Bristol Street Corridor Specific Plan (SP -1) zoning district. The SPA zoning district allows for retail and service uses such as retail and service uses, making the proposed use consistent with the zoning designation. Project Analysis 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. 31A-4 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 3 • 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. Northgate Market is requesting a conditional use permit for a Type 21 ABC license. Pursuant to SAMC Section 41- 196(c)(d), the subject site is exempt from separation requirements for off -sale establishments as the subject building contains 22,714 square feet. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the off- premise sale of alcoholic beverages (Exhibit 6), These 26 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. • The proposed ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 31A-5 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 4 The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. The proposed alcohol license will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will 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. 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 full- service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining and retail destination with regional significance, Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments 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 of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-6 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 1120 South Bristol Street is located in Reporting District No. 225. This reporting district is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an oft -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the Mid -City Neighborhood Association and within the vicinity of the Central City and Pico - Lowell Associations. Staff contacted the presidents of the Mid -City, Central City and Pico - Lowell Neighborhood Associations; who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. 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 distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -121 will be filed for this project. 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). 31A-7 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -46. r 4 . Ivan rozcn Assistant Planner I IO;jm lo1Reports=P14 -46 Northgate Market 21 AOC.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 Off -Sale Establishments 31A-8 Rl P1 Ri s ERI Pt R1 R R7 R3 [: Al . L Pi 1 D sr Al " : _ RD R3 R3 R3 d Rt., R1 03 -5- Win, 4 � Al i R7 RI .... -a nt ai a . Oa s R1. RT 02 s O _ III 1 Nt RI sn TTi P2 E III AT Pt .,RI sv nx R2 R2. 'P2. 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R7 In1D i rnto k RI R R7 a R1 i CS a e 5 E RI AT IIY FRD Rl sr' Rt s R7 R1 Rt RT ai a At MERALA(RCULTURALi CR CCMMSVALIYDENIIAL A SNGI.EFAMILYFM0SJi1AL .S PiRUNGMODIRGAADN GG C0VEFNMEITQTRH2 R2 TWOFAMILYFHDEA'CE OEM COMMEClALSDUR'IMAIN Al UGNTINDUSTRAL FS MULRREDSVSTYMULTIR.E Ci WAMIMRYO MGKJAL M2 HEAWINDUSIRAL r MILYN DDHJCC Ci-MO COMM.COMMSi1AUMUSEWDISIRCT MO 'MIUTAWCP"MNS k3 SUWFIRANARARIMPVTS C2 GINEiALCOMMSUAL 0 OPEN ACE FE RESDWALETATE C3 CE4WLBJSNLZ P PRONESONAL SD SEOMCDaSOWENT CIA MIPALSJSNMARIIIA\A iM FC'D RANNW C ANAJNF1YDea0PMW SP S$.1RCRAN 04 RANN®410RRNCCWHR Pm RANN®Fi3DDWLQE OPMIWT C5 ARIMALOOMMEMAL CUP 2014 -46 NORTHGATE MAR.KETTYPE 21 ABC °° CIA 1120 SOUTH BRISTOL STREET — =SOD ETtT 1 "= 1000 FEPF P L A N N I N G A N D D U{ L D I N G A —GE N C Y EXHIBIT 1 VICINITY MAP 31A-9 wI cc nE J W z T MUl W n R c J r w — U D LL 0 C ti m J W Z m r� ld L I WILSHIRE F7 w w Vt O r Vt Xl m m --I I G E FAMILY E ;IE E CE AVENUE RUSSELI lommE CUP 2014 -46 NORTHGATE MARKETTYPE 21 ABC 1120 SOUTH BRISTOL STREET 1a P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 SIR $I A IILYI SCHOOL SIN L '- A I LY G f -FA I Y R SIDE C [JR E I EN E McFADDEN wI cc nE J W z T MUl W n R c J r w — U D LL 0 C ti m J W Z m r� ld L I WILSHIRE F7 w w Vt O r Vt Xl m m --I I G E FAMILY E ;IE E CE AVENUE RUSSELI lommE CUP 2014 -46 NORTHGATE MARKETTYPE 21 ABC 1120 SOUTH BRISTOL STREET 1a P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 CUP 2014 -46 NORTHGATE MARKET TYPE 21 ABC 1120 SOUTH BRISTOL STREET 31A-1 1 1' d' F' ca z 3�N]nr Yia9rJ�ry 1 t^ � rx% ixi X R I I 9 %s�ydtpin$a' 6 %PAya i � 'r I h ' �i4�% S m b R Y� Kid ryW yyyQC"j� N 1 aFUy V m O s sF —. H h CO tw to -- to r.0 to O O 4 '1 I 4 d o I on N I ,S ind O w Ua1 d' P L h SO ~ N" ti IZ Coo 31A -12 VE:4NNI L .:: -v 43CE�FH ( t k�.° :fA iCN'I i[ 9 ty v;<ifxaus ,. aE. 'EAT ,..E _ �E1� :E o rilLFli IF I p c E E L3�fI�� ❑ t fot'Y I " lirt t Y 1 - ME Y,-` �7-1 Lp\ Mc 1 W 9 IB -B' LL1. CEFI ALE' ,IT I I�J c s; P L!- t L� I R]'l- LJ I� r� FI �-T�� -' tf, -- E E r I it i .o kA _ l EXHIBIT 5 31A -13 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. 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. All public telephones shall be located on the interior of the premises. 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. 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 31A -14 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 prepackaged 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 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 31A-15 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. 26. The applicant shall be responsible for providing a shopping cart containment system. Cart corrals shall be provided throughout the parking lot for use during normal business hours. 3of3 31A -16 ROH — 03/09/15 RESOLUTION NO. 2015 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -46 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR THE PROPERTY LOCATED AT 1120 SOUTH BRISTOL 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. Applicant is requesting approval of Conditional Use Permit No. 2014 -46 for a Type 21 Alcoholic Beverage Control (ABC) license upgrade, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1120 South Bristol Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. C. On March 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -46. 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. 2014 -46 to allow for a Type 21 ABC license: 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 Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. Resolution No. 2015 -11 Page 1 of 4 31A -17 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 as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. 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 operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will 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 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 full - service Supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Resolution No. 2015 -11 Page 2 of 4 31A -18 Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments 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 of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. 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 distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -121 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 -46. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 9, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -11 Page 3 of 4 31A -19 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -11 Page 4 of 4 31A-20