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HomeMy WebLinkAbout1 - CUP No. 2017-261-1 1-2 1-3 1-4 1-5 1-6 1-7 This page left blank intentionally. 1-8 Resolution No. 2018-xx Page 1 of 7 RESOLUTION NO. 2018-XX 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. Kevin Hufford, ”Applicant”, representing Sy Choihan LLC-Market/Deli, is requesting approval of Conditional Use Permit No. 2017-26 to allow an Alcoholic Beverage Control (ABC) license for the property located at 2 Hutton Center Drive, Units 101 and 102. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off-premises consumption. C. Pursuant to Business and Professions Code Section 23958.4, a determination of Public Convenience or Necessity (PCN) is required when the property is located in an area where the number of crimes reported exceeds the average number by 20% or the ratio of population to number of retail stores exceeds the ratio recommended by the state for the census tract. D. On February 12, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-26. E. 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. 2017-26 to allow for the sale of alcoholic beverages for off-premises consumption: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-26 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND AUTHORIZING THE ISSUANCE OF A PUBLIC CONVENIENCE OR NECESSITY LETTER FOR SY CHOIHAN MARKET/DELI LOCATED AT 2 HUTTON CENTER DRIVE, UNITS 101 AND 102 EXHIBIT 1 1-9 Resolution No. 2018-xx Page 2 of 7 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 sale of alcoholic beverages for off-premises consumption will provide an ancillary service to the market and deli customers by allowing them the ability to purchase alcoholic beverages for off-site consumption along with foods and other commodities. This will thereby benefit the community by providing a service to those living and working nearby. Operational standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 sale of alcoholic beverages for off-premises consumption will not be detrimental to persons residing or working in the vicinity because operational standards will mitigate any potential negative or adverse impacts created by the use. The business is primarily a market and deli and the addition of alcohol sales will be ancillary to the main uses. There will not be alcohol for sale for on-premises consumption. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the 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 the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a destination for visitors and residents in the community. The alcohol license for off-premises consumption will benefit individuals working and residing in the surrounding hotels, multi-family residential communities, and retail stores. New clientele will be attracted to this mini- mall, while supporting pedestrian access from individuals living or working at close proximity. The new market and deli 1-10 Resolution No. 2018-xx Page 3 of 7 and the alcohol license will enhance a customer’s overall shopping experience and quality of life through the wide range of products and services proposed at the market. The addition of alcohol to the Sy Choihan LLC Market/Deli will be ancillary to the main market/deli use ensuring that the establishment operates as a bona-fide deli and retail store. Moreover, offering the sale of alcoholic beverages will allow the market and deli to remain economically viable and contribute to the overall success of Hutton Center Mixed Use Specific Development. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed ABC license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41-196(c). 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 facility will be maintained as a market and deli with full-service kitchen facilities and will supply food and commodities for purchase. Additionally, the market will utilize less than five (5%) percent of the gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 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 ABC license will not adversely affect the General Plan. The project is located in the District Center (DC) General Plan land use which allows for commercial uses such as a market and deli. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City’s economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with the General Plan Land Use Element: Policy 2.2, which encourages land uses that accommodate the City’s need for goods and services. Policy 2.4, supporting pedestrian access between the proposed market and surrounding residential 1-11 Resolution No. 2018-xx Page 4 of 7 community that is within close proximity. Policy 2.8 promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment as the Sy Choihan LLC Market/Deli tenancy will contribute to the viability of the commercial center in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive as the operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.1 promotes development with community benefits that enhance quality of life by allowing residents in the immediate vicinity to shop at a market with a full range of goods, including alcoholic beverages. Policy 5.5 encourages development that is compatible with and supports surrounding land uses. The retail establishment is located in a commercial center and its operations are compatible with the surrounding commercial businesses. F. A public convenience and necessity letter is required due to the undue concentration of off-sale establishments within the census tract. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant the preparation of a letter of public convenience or necessity for off-sale alcohol conditional use permits pursuant to Santa Ana Municipal Code Section 41-645.5, have been established for Conditional Use Permit No. 2017-26 to allow for an ABC license: 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the general plan. The market and deli is located within an existing commercial center. The sale of alcoholic beverages is ancillary to the primary use as a bona-fide eating establishment and retail store which are permitted by right. The maximum floor area for alcohol storage and display is five (5%) percent controlling the ancillary nature of market’s business operations. The Hutton Center Mixed Use Specific Development creates a high density urban area. Urban areas often have a convenience store to support the mix of commercial and residential uses in the immediate area. In addition, the project is consistent with several goals and policies of the General Plan Land Use Element as listed above in finding E 5. 2. The economic benefit outweighs the negative impacts to the community as whole. 1-12 Resolution No. 2018-xx Page 5 of 7 The business is not located in a high crime area. The project is located within Police Grid 191 which had 155 incidents in 2016 while the average number of incidents per police grid was 373. Furthermore, in the last year there were no reports of police activity at this address or within the 100 block. The operational standards for establishments selling alcoholic beverages mitigates potential negative impacts to the community. Therefore, the economic benefits to the business owner and those living and working in the area outweighs the negative impacts related to overconcentration. 3. The issuance of the license will provide a needed service not currently being met in the community. The deli and market, with the additional sale of alcoholic beverages for off-site consumption, will provide a service to those living and working within the census tract that is not currently offered nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Census tract 740.03 is a large area that is generally between Main Street and the SR-55 Freeway and Warner Avenue and MacArthur Boulevard. This area includes some residential uses, but contains mostly commercial, hospitality, office and industrial uses. Therefore, the recommended limit of one (1) facility based on the 3,173 inhabitants in 2016, may not provide sufficient service to those that are visiting and working in the area. The operation of an off-sale establishment at the proposed location will provide a service to those living, visiting and working in the south end of the census tract. 5. The business cannot operate profitably without a liquor license. The market and deli are permitted uses by right. The sale of alcoholic beverages will allow the market to compete with other similar facilities in the area. The ABC license will help increase the viability of the business and allow it to compete with larger establishments. 1-13 Resolution No. 2018-xx Page 6 of 7 6. The Applicant has demonstrated reasonable efforts to seek community input. The South Coast and Sandpointe Neighborhood Associations were contacted to identify any areas of concern due to the proposed ABC license and letter of public convenience or necessity. No issues of concern were raised regarding the conditional use permit and letter of public convenience or necessity applications. Section 2. 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 sale of alcoholic beverages for off-site consumption within an existing building. General Rule Exemption/Environmental Review No. 2017-117 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-26 for the project located at 2 Hutton Center Drive, Units 101 and 102. 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 February 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Planning Commission of the City of Santa Ana does hereby determine that the issuance of an ABC license to Sy Choihan Market and Deli located at 2 Hutton Center Drive, Units 101 and 102, will serve the “Public Convenience or Necessity” and will not create a law enforcement problem and hereby instructs the Planning Division to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under the Santa Ana Municipal Code as well as Business and Professions Code Section 23958.4. ADOPTED this 12th day of February, 2018. 1-14 Resolution No. 2018-xx Page 7 of 7 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1-15 This page left blank intentionally. 1-16 1/2/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP No. 2017-26, Sy Choihan Market/Deli2 Hutton Center Drive, Unit 101/102 Exhibit 2 – Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-17 Exhibit 4 – Site Photo 1/ 3 / 2 0 1 8 1-18 = Census Tract Boundary (1) Quality Suites (2) Gerald’s Quick Stop (3) Acapulco Market (4) Halladay Market (5) Wine Exchange (6) Dyer 55 FWY Mobil Exhibit 3 – Map of Type 20 ABC Licenses within Census Tract 740.03 (3) 210 E. Warner Ave. (4) 601 E. Central Ave. (2) 3313 S. Main St. (6) 1351 E. Dyer Rd. (1) 2701 Hotel Ter 1544 E. Warner Ave. 2 Hutton Centre Dr 1-19 Exhibit 5 – Site Plan 1-20 1-21 This page left blank intentionally. 1-22