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HomeMy WebLinkAboutRESO 2015-36_1445SMainLS 11.2.15 RESOLUTION NO. 2015 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -21 AS CONDITIONED TO ALLOW A TYPE 21 ALCOHOL BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1445 SOUTH MAIN 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 -21 for a Type 21 Alcoholic Beverage Control (ABC) license to allow the off - premise sale of beer, wine and distilled spirits at an existing retail store located at 1445 South Main Street. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On November 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -21. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -21 to allow a Type 21 ABC license for an existing store: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Type 21 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 that is available to the general public. The ABC license will not negatively affect the surrounding community as standards are applicable to the license that will reduce potential impacts and avoid the potential for an Resolution No. 2015 -36 Page 1 of 5 attractive nuisance being established. By adding alcoholic beverages to the other items already offered in the store, Dollar General can better serve the community by providing added convenience and a one -stop shopping experience. 2. 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. 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. Dollar General is an established chain with alcohol related policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that alcohol sales are handled in a responsible manner. 3. That the proposed use will not 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 Dollar General to remain competitive with similar uses in the area which offer alcohol sales as part of their retail operations. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding off - premise alcohol 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. 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. Resolution No. 2015 -36 Page 2 of 5 The proposed use will not adversely affect the City's General Plan. 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. Further, 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 full - service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those in the central section of the City. Furthermore, the license is consistent with Policy 2.8 of the Land Use Element, which 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 ABC licenses are permitted within the General Commercial (GC) General Plan land use designation. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Dollar General 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 beer, wine and 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 -94 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -21 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1445 South Main Street. This decision is based upon the evidence submitted at the Resolution No. 2015 -36 Page 3 of 5 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 9, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing directed staff to prepare a letter of Public Convenience or Necessity pursuant to section 23958.4 of the California Business and Professions Code as the proposed business is located within a census tract which has been deemed to be above - average in crime rate by the California Department of Alcoholic Beverage Control (ABC). ADOPTED this 9th day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) Verino (1) None (0) �o ,rJam s Gartner irperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015. Date: a o'! (S Commission Secretary City of Santa Ana Resolution No. 2015 -36 Page 4 of 5 EXHIBIT Conditions of Approval for Conditional Use Permit No. 2015 -21 Conditional Use Permit No. 2015 -21 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 approval. 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. The site shall remain in compliance with operational standards for off -sale establishments as required pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Resolution No. 2015 -36 Page 5 of 5