HomeMy WebLinkAboutRESO 2015-12_150309_1623W17thROH — 03/09/15
RESOLUTION NO. 2015 -12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2015 -04 FOR A TYPE 21 ALCOHOLIC
BEVERAGE CONTROL LICENSE UPGRADE FOR THE
PROPERTY LOCATED AT 1623 WEST SEVENTEENTH
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. 2015 -04 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 1623 West Seventeenth Street.
B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
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C. On March 9, 2015, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2015 -04.
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. 2015 -04 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 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 -12
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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 and retail destination with regional
significance. Furthermore, Policy 2.8 of the Land Use Element
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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 the sale of 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. 2015 -16 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. 2015 -04. 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 -12
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Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By-
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2015 -12 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on March 9, 2015.
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Date: / f
Planning Commission Secretary
City of Santa Ana
Resolution No. 2015 -12
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