HomeMy WebLinkAbout75C - PH - SUPER KINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 21, 2016
TITLE:
PUBLIC HEARING - CONDITIONAL USE
PERMIT NO. 2016 -21 TO ALLOW AN
ALCOHOL BEVERAGE CONTROL LICENSE
AT SUPER KING MARKET LOCATED AT
2741 WEST MACARTHUR BOULEVARD —
DAVID WEISSGLASS, APPLICANT
(STRATEGIC PLAN NO. 3,2)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
:0^t• o
❑ As Recommended
❑ As Amended
[I Ordinance on I" Reading
I] Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving Conditional Use Permit No. 2016 -21.
Open the public hearing and continue the item to July 5, 2016.
CITY COUNCIL ACTION
At its regular meeting on June 7, 2016, the City Council voted to schedule the item for public
hearing on June 21, 2016.
PLANNING COMMISSION ACTION
At its regular meeting on May 23, 2016, by a vote of 5:1 (Mill opposed, Bacerra absent), the
Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2016 -21
which approved the sale of alcoholic beverages (beer, wine, and distilled spirits) for off - premise
consumption at Super King Market at 2741 West MacArthur Boulevard located in the General
Commercial (C -2) zoning district. The Planning Commission made no changes to the
recommendation outlined in the attached staff report (Exhibit A).
DISCUSSION
Super King Market is requesting approval of a CUP to allow the off - premise sale of beer, wine, and
distilled spirits to patrons of the grocery store. Pursuant to Section 41 -196 of the SAMC, markets
wishing to sell alcohol to patrons require approval of a CUP; however, the use of the property as a
retail market/grocery store is permitted by right. The market will occupy a tenant space that
contained a Ralph's grocery store. Ralph's ceased business activity in October 2015. Super King
Market began tenant improvements in March 2016. The project proposes no expansion of square
footage. Alcohol storage and display areas, located near the front - center of the store, will consist of
less than five percent of the floor area, and the proposed hours of operation for the market are
from 7:00 a.m. to 9:00 p.m. daily. Full -sized site plans are available for public viewing in the
Clerk of the Council Office.
75C -1
Conditional Use Permit No. 2016 -21 - Super King Market ABC - 2741 West MacArthur Boulevard
June 7, 2016
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objectives #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.
Hassan Hagl ani, AICP
Executive Director
Planning & Building Agency
AP:rb
ap \reports \Staff Reports for CC \CUP16 -21 Super King Type 21 ABC Public Hearing.cc
Exhibit: A. Planning Commission Staff Report
B. Resolution
75C -2
REQUEST FOR
PLANNING COMMISSION MEETING DATE:
MAY 23, 2016
TITLE:
PUBLIC HEARING— FILED BY DAVID WEISSGLASS
FOR CONDITIONAL USE PERMIT NO. 2016.21
TO ALLOW AN ALCOHOL BEVERAGE CONTROL
LICENSE AT SUPER ICING MARKET LOCATED AT
2741 WEST MACARTHUR BOULEVARD {STRATEGIC
PLAN NO. 3,21
Prepared by Ali Pezeshkpour
PLANNING COMMISSION
APPROVED
• As Recommended
• As Amended
• Set Public Hearing For
DENIED
Applicant's Request
C1 Staff Recommendation
CONTINUED TO
_T
keaae D -
RECOMMENDED ACTIONS
Adopt a resolution approving Conditional Use Permit No. 2016 -21.
Request of Applicant
David Weissglass, representing Super King Market, is requesting approval of a conditional use
permit (CUP) for an Alcoholic Beverage Control (ABC) license to allow the off - premise sale of
beer, wine, and distilled spirits at a full - service market to be located at 2741 West MacArthur
Boulevard. Establishments that sell alcoholic beverages require approval of a CUP pursuant to
Section 41 -196 of the Santa Ana Municipal Code (SAMC).
Project Location and Site Description
Super King Market is currently in the process of making tenant improvements to occupy the space
formerly occupied by a Ralph's grocery store at the northeast corner of Fairview Street and
MacArthur Boulevard. The market space contains approximately 48,617 square feet. The entire
property is approximately 5.24 acres in size and contains approximately 92,456 square feet of
leasable area and 515 parking spaces.
The General Plan land use designation for the site is General Commercial (GC), which allows for
commercial and office uses. General Commercial designation provides accessible commercial
development along the City's arterials as well as support facilities and services, including offices,
restaurants and various other services. The project is consistent with this General Plan land use
designation. The site is located within the Arterial Commercial (C -5) zoning district. The C -5
zoning district allows for commercial and service uses such as retail markets, making the
proposed use consistent with the zoning designation. Surrounding land uses include residential
uses to the north, east, and south across MacArthur Boulevard, and industrial uses to the west
across Fairview Street (Exhibits 1, 2 and 3).
EXHIBIT A
75C -3
CUP No, 2016-21
May 23, 2016
Page 2
Project Description
Super King Market is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC)
license for the off- premise sale of beer, wine, and distilled spirits to patrons of the grocery store..
Pursuant to Section 41 -196 of the SAMC, markets wishing to sell alcohol to patrons require
approval of a CUP; however, the use of the property as a retail market(groeery store is permitted by
right.
The market will occupy a tenant space that contained a Ralph's grocery store. Ralph's ceased
business activity in October 2015. Super King Market began tenant improvements in March 2016.
The project proposes no expansion of square footage,
Alcohol storage and display areas, located near the front - center of the store, will consist of less than
five percent of the floor area (Exhibits 4 and 5). The proposed hours of operation for the market
are from 7:00 a.m. to 9;00 p.m. daily.
Project Background
The subject site, South Coast Marketplace, contains multiple neighborhood - serving businesses. In
August 1995, Land Use Certificate (LUC) No. 95 -134 was issued to allow the former Ralph's
supermarket to sell beer, wine, and distilled spirits for off -site consumption, In October 2015,
Ralph's closed after 20 years of operation, leaving the surrounding neighborhoods without a full -
service grocery store. SAMC Section 41- 683.5 requires that Super King Market apply for a CUP
because the previous LUC, as a nonconforming entitlement, expired after six months of inactivity.
In January 2016, Super King Market submitted tenant improvement plans for the vacant space, with
permits issued in March 2016. Super King Market intends to open in mid -June, which is after the
six -month timeframe that would allow the supermarket to sell alcohol without the need to apply for a
new CUP.
Super King Market is a southern - California based chain of full- service supermarkets, All stores
carry a variety of fresh and dry goods, including produce, meats, dairy, bakery items, and sundries,.
The applicant is requesting approval of a CUP to allow the sale of beer, wine, and distilled spirits for
off -site consumption to patrons, similar to what is offered at other locations. The company operates
six locations, including one in Anaheim,
Project Analysis
Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use
permit request may be granted when it can be shown that the proposed project will not adversely
impact the community, 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,
75C -4
CUP No, 2016 -21
May 23, 2016
Page 3
The purpose of regulating establishments that sell alcoholic beverages is to set forth operating
practices and procedures, to limit the number of establishments to avoid overconcentration of
establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas.
Because the proposed Super King 'Market will exceed 10,000 square feet in size, the
overconcentration and separation criteria established in SAMC Section 41- 196(d) do not apply.
However, approval of a CUP is still required to allow the supermarket to sell alcohol. Staff has
reviewed the applicant's request to establish an off -sale ABC license at this location. In analyzing
the request, staff believes that the following findings of fact warrant approval.
The proposed off -sale ,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 and other general merchandise found in the store.
The proposed use will not be detrimental to the health, safety, and welfare of the community.
Super King is an established supermarket chain with policies, procedures, and employee training
programs focused on preventing the sale of alcoholic beverages to minors. Moreover, Super King
Market has acquired a license that is already established in the retail shopping center, which has
no history of disciplinary action, and relocating to a different unit within the same center.
The proposed project will enhance the economic viability of the area and enable this neighborhood -
serving retail center to continue to compete with nearby shopping centers in Santa Ana, as well as
those in Costa Mesa,
The proposed ABC license will be in compliance with all other regulations; including alcohol
storage and display area and separation criteria set forth in Section 41- 196(c) of the SAMC.
Further, the site will be in compliance with all operational standards set forth in Section 41- 196(f) of
the SAMC, which govern the off - premise sale of alcoholic beverages (Exhibit 6),
Finally, the proposed ABC license will be consistent with several goals and policies of the General
Plan, including Goals 2 and 5 of the Land Use Element, which encourages land uses that enhance
the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with
and supporting of surrounding land uses. Super King Market is proposing to locate within an
existing commercial shopping center, with its operations and proposed ABC license compatible
with the surrounding uses:
Police Department Analnis
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 such uses are mitigated to the greatest extent possible. For off -sale licenses, the
75C -5
CUP No. 2016 -21
May 23, 2016
Page 4
Police Department compares crime in the project area to crime citywide. Crime data is collected
by reporting district.. When a project is located in a reporting district with more than 20 percent of
the average crime rate citywide, the Police Department will consider this information in making its
recommendation.
The project at 2741 West MacArthur Boulevard is located in Reporting District No, 110.
Reporting District No. 110 ranks 56th out of 102 reporting districts in the number of police related
calls for service. This reporting district is below the average for criminal activity threshold
established by the State for high crime. The Police Department contends that the operational
standards applicable to off -sale ABC licenses will mitigate any potential negative impacts to the
surrounding community,
Public Notification
The project is not located within the boundaries of an established Neighborhood Association.
However, the project site was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter, and
and tenants within 500 feet of the project site.
either written or electronic, had been received.
CEQA Compliance
mailed notices were sent to all property owners
At the time of this printing, no correspondence,
in accordance with the California Environmental Quality Act (CEQA) the recommended action is
exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. The project proposes to allow the off - premise sale of alcoholic
beverages from an existing structure. No expansion of square footage or modification to the
exterior of the building is proposed as part of this project.
Strategic Plan Alignment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objectives No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
75C -6
CUP No. 2016 -21
May 23, 2016
Page 5
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2016 -21,
Ali Pezeshkpour, AICP
Senior Planner
AP.jm
WrepertsVitaff ReP0 tater PQCt1P18:21 Saper King Type 21 ADC,po
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
75C -7
pat CUP 2016 -21
SUPER KING ABC LICENSE
2741 WEST Mac ARTHUR BOULEVARD - — =500 FEET
1" =1000 FEET
P L A N N I N G A N B U l L 0 I N G A G E N C Y
EXHIBIT 1
VICINITY MAP
75C -8
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75C -12
Sec. 41 -196. Establishments selling alcoholic beverages,
Operational standards for off -safe establishments. The following operational standards
shall be included as informational conditions in the conditions of approval for the
conditional use permit required pursuant to Section 41 -196
1. 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,
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 anytime.
6. 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.
* 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 662 is
complied with at all times that the premises are in operation,
9, 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 [icensee(s); verifying age /checking identification of
patrons; calling the police regarding observed or reported criminal activity.
EXHIBIT 6
103
75C -13
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 12:40 /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
I 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
75C -14
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 1s 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 SAMO 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.
3 of 3
75C -15
LS 5.23.16
RESOLUTION NO. 2016 -xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016 -21 TO ALLOW OFF - PREMISE
SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY
LOCATED AT 2741 WEST MACARTHUR BOULEVARD
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. 2016 -21 to
allow an off - premise Alcoholic Beverage Control (ABC) license at the
property located at 2741 West MacArthur Boulevard,
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 May 23, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016 -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 Section 41-
638, have been established for Conditional Use Permit No. 2016 -21 to
allow for off - premise Alcoholic Beverage Control license:
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 off -sale Alcoholic Beverage Control license will
provide an additional service and convenience to the
community by offering patrons the ability to purchase
alcoholic beverages along 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
attractive nuisance being established. By adding alcoholic
beverages to other items offered at the store, Super King
Resolution No. 2016 -xx
Page 1 of 4
75C -16
Market 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 the
health, safety, or ,general welfare of persons residing or
working in the vicinity as operational standards will ensure
that the use will not create any negative or adverse impacts.
Super King Market is an established supermarket chain with
policies, procedures, and employee training programs
focused on security, alcohol responsibility, and preventing
the sale of alcoholic beverages to minors, which 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 proposed ABC license will not adversely affect the
present economic stability or future economic development
of properties surrounding the area. Conversely, the approval
of this application would enhance the present and future
economic stability of the property by further diversifying the
products and services offered within the store and in the
shopping center in general. Further, this will allow the
shopping center to remain competitive with similar uses in
the area.
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, Operation 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 Flan of
the city or any specific plan applicable to the area of the proposed
use.
Resolution No. 2016 -xx
Page 2 of 4
75C -17
The proposed use will not adversely affect the General Plan.
Supermarkets that offer alcoholic beverages for off - premise
consumption 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 impact crimes such as loitering,
disturbing the peace, graffiti and other crimes that impact
surrounding businesses and residential neighborhoods.
Further, the project fs consistent with Policy 2.2 of the Land
Use dement, which encourages land uses that
accommodate the City's needs for goods and services. The
granting of this application is also consistent with Policy 5.5
of the Land Use Element of the General Plan, which
encourages projects that are compatible with surrounding
land uses. The use will be located within a neighborhood -
serving commercial center 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 15061(b)(3),
which is a general rule exemption applying to projects that have no
possibility of having a significant impact on the environment. General Rule
Exemption Environmental Review No. 2016 -58 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 sole 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. 2016 -21 for the project
located at 2741 West MacArthur Boulevard. 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 May 23, 2016, and exhibits attached thereto; and,
the public testimony, written and oral, all of which are incorporated herein by this
reference.
Resolution No. 2016 -xx
Page 3 of 4
75C -18
ADOPTED this 23`d day of May, 2016.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R, Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No, 2016 -xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 23, 2016.
Date:
Acting Recording Secretary
City of Santa Ana
Resolution No, 2618 -xx
Page 4 of 4
75C -19
75C -20
LS 6.10.16
RESOLUTION NO, 2016 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2016 -21 TO ALLOW OFF- PREMISE SALE OF
ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED
AT 2741 WEST MACARTHUR BOULEVARD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2016 -21 to
allow an off - premise Alcoholic Beverage Control (ABC) license at the
property located at 2741 West MacArthur Boulevard.
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 May 23, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016 -21. By a vote of 5:1, the
Planning Commission adopted a resolution approving Conditional Use
Permit 2016 -21.
D. At its regular meeting on June 7, 2016, the City Council voted to schedule
the item fora de novo public hearing on June 21, 2016.
E. The City Council 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 Section 41 -638, have been
established for Conditional Use Permit No. 2016 -21 to allow for off -
premise Alcoholic Beverage Control license:
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 off -sale Alcoholic Beverage Control license will
provide an additional service and convenience to the
community by offering patrons the ability to purchase
alcoholic beverages along 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
Exhibit B Resolution No. 2016 -21
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75C -21
El
community as standards are applicable to the license that will
reduce potential impacts and avoid the potential for an
attractive nuisance being established. By adding alcoholic
beverages to other items offered at the store, Super King
Market 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 the
health, safety, or general welfare of persons residing or
working in the vicinity as operational standards will ensure
that the use will not create any negative or adverse impacts.
Super King Market is an established supermarket chain with
policies, procedures, and employee training programs
focused on security, alcohol responsibility, and preventing
the sale of alcoholic beverages to minors, which 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 proposed ABC license will not adversely affect the
present economic stability or future economic development
of properties surrounding the area. Conversely, the approval
of this application would enhance the present and future
economic stability of the property by further diversifying the
products and services offered within the store and in the
shopping center in general. Further, this will allow the
shopping center to remain competitive with similar uses in
the area.
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. Operation 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.
75C -22
Resolution No. 2016 -21
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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.
The proposed use will not adversely affect the General Plan.
Supermarkets that offer alcoholic beverages for off- premise
consumption 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 impact crimes such as loitering,
disturbing the peace, graffiti and other crimes that impact
surrounding businesses and residential neighborhoods.
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. The
granting of this application is also consistent with Policy 5.5
of the Land Use Element of the General Plan, which
encourages projects that are compatible with surrounding
land uses. The use will be located within a neighborhood -
serving commercial center and its operations will be
compatible with the surrounding commercial businesses.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt for further review per Section 15061(b)(3),
which is a general rule exemption applying to projects that have no
possibility of having a significant impact on the environment Genei a' P u'°
Exemption Environmental Review No. 2016 -58 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 sole negligence of
the City of Santa Ana.
Section 3. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2016 -21 for the project located at
2741 West MacArthur Boulevard. This decision is based upon the evidence submitted
at the abovesaid hearing, which includes, but is not limited to: the Request for Council
Action dated June 21, 2016, and exhibits attached thereto; and, the public testimony,
written and oral, all of which are incorporated herein by this reference.
Resolution No. 2016 -21
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75C -23
ADOPTED this _ day of June, 2016.
m
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: as z
Lisa Storck
Assistant City Attorney
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
NOT PRESENT: COUNCIL MEMBERS:
Miguel A. Pulido, Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2016- to be the original resolution adopted
by the City Council of the City of Santa Ana on June 2016.
Clerk of the Council
City of Santa Ana
75C -24
Resolution No. 2016 -21
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