Loading...
HomeMy WebLinkAbout2016-055 - Conditional Use Permit No. 2016-21LS 6.10.16 RESOLUTION NO. 2016-055 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 for a 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: 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 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 Resolution No. 2016-055 Page 1 of 4 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. Resolution No. 2016-055 Page 2 of 4 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. 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. 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 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. 2016-055 Page 3 of 4 ADOPTED this 21st day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:'� Lia Storck Assistant City Attorney AYES: Councilmembers: Amezcua Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016-055 to be the original resolution adopted by the City Council of the City of Santa Ana on June 21, 2016. Date: Resolution No. 2016-055 Page 4 of 4 '�), Ilic-z Clerk of the Council 611, City of Santa Ana