HomeMy WebLinkAbout2 - CUP 2017-332-1
2-2
2-3
2-4
2-5
This page left blank intentionally.
2-6
Resolution No. 2018-xx
Page 1 of 6
RESOLUTION NO. 2018-XX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2017-33 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR OFF-PREMISES
CONSUMPTION AND AUTHORIZING THE ISSUANCE OF A
PUBLIC CONVENIENCE OR NECESSITY LETTER FOR
MOTHER’S MARKET AND KITCHEN LOCATED AT 151
EAST MEMORY LANE
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. Dan Kramer (Applicant), representing Mother’s Market and Kitchen Inc., is
requesting approval of Conditional Use Permit No. 2017-33 to allow an
Alcoholic Beverage Control (ABC) license for off-premises consumption for
the property located at 151 East Memory Lane.
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 on 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. 2017-33.
E. 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 (SAMC) Section 41-638, have
been established for Conditional Use Permit No. 2017-33 to allow the sale
of alcoholic beverages for off-premises consumption:
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 at this location will provide an additional service
EXHIBIT 1
2-7
Resolution No. 2018-xx
Page 2 of 6
and convenience to the community by allowing patrons to
have the ability to purchase alcoholic beverages in
conjunction with other goods commonly offered at a
neighborhood-serving market. Approving the sale of
alcoholic beverages for off-premises consumption will allow
the market to continue to serve residents of City Place and
attract new clientele. Operational standards apply to the
alcoholic beverage control license that 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 at this location will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity because the operational standards
applicable to the alcoholic beverage control license will
address any potential negative or adverse impacts created
by the use. Mother’s Market and Kitchen is an existing
market serving the surrounding vicinity and the addition of
alcohol will be ancillary to the primary use. All of the
operational standards identified in SAMC Sec. 41-196(f) will
apply to this establishment.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the market to
compete with other nearby retail stores that offer a full
selection of alcoholic beverages for sale to its customers.
Moreover, the offering of alcoholic beverages will allow
Mother’s Market and Kitchen to remain economically viable
and compete with nearby retail stores in the local vicinity and
contribute to the overall success of the City of Santa Ana.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol beverage control license and
conditional use permit will be in compliance with all applicable
regulations and operational standards imposed on a market
selling alcoholic beverages for off-premises consumption
pursuant to Chapter 41 of the SAMC. Operational standards
will ensure the project remains in compliance with all
2-8
Resolution No. 2018-xx
Page 3 of 6
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.
The proposed sale of alcoholic beverages for off-premises
consumption at this location will not adversely affect the
General Plan. The granting of this conditional use permit
supports several policies contained in the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City’s needs for goods and services.
Policy 2.4 of the Land Use Element supports pedestrian
access between current market and surrounding residential
communities in close proximity. Furthermore, 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 ABC license will maintain a safe
and attractive environment in the neighborhood. Finally,
Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. Mother’s Market and Kitchen is
located within a mixed use center and its operation is
compatible with the surrounding land uses.
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 pursuant to
SAMC Section 41-645.5, have been established for Conditional Use
Permit No. 2017-33 to allow the sale of alcoholic beverages for off-
premises consumption:
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.
Mother’s Market and Kitchen is located within an existing mixed-
use development and the proposed sale of alcoholic beverages will
be compatible with other uses currently operating on-site. The
maximum floor area for alcohol display and storage will be less
than five (5%) percent of the market area and will ensure that the
sale of alcoholic beverages remains an ancillary component to the
market’s operations.
2-9
Resolution No. 2018-xx
Page 4 of 6
2. The economic benefit outweighs the negative impacts to the
community as a whole.
The business is not located in an area with high crime. In addition,
all of the existing off-sale alcohol licenses are located in the City of
Orange. The proposed license will provide a direct economic
benefit to the City of Santa Ana and its residents. The operational
standards for establishments selling alcoholic beverages will
mitigate any potential negative impacts to the community.
Therefore, the economic benefit to the business owner, the City
and its residents outweigh the negative impacts related to
overconcentration.
3. The issuance of the license will provide a needed service not
currently being met in the community.
Mother’s Market is proposing to sell organic, sulfite-free, gluten free
and biodynamic beer and wine. This will provide a new specialty
service to those living and working within the census tract that is
currently not offered.
4. There exists special and unusual circumstances present here to
justify a new retail alcohol outlet when there are already similar
alcohol uses existing nearby.
All current licenses within Census Tract No. 760 are in the City of
Orange. Allowing Mother’s Market to sell alcoholic beverages will
provide a service to the Santa Ana community. Furthermore, having
Mother’s Market located within City Place makes it a prime location
to have such use and will assist in creating a mixed-use and vibrant
environment.
5. The business cannot operate profitably without a liquor license.
The sale of alcoholic beverages will allow Mother’s Market to
compete with other similar facilities in the area and help the
establishment remain competitive.
6. The Applicant has demonstrated reasonable efforts to seek
community feedback.
Park Santiago Neighborhood Association was 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.
2-10
Resolution No. 2018-xx
Page 5 of 6
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 off-premises sale of alcoholic beverages at an existing
neighborhood market. There is no reasonable possibility that the project will have a
significant effect on the environment due to the facility having the necessary infrastructure
to operate the proposed use and no new expansion of the existing building is proposed.
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. 2017-33 for the project
located at 151 East Memory Lane. 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 Mother’s Market and Kitchen located
at 151 East Memory Lane 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.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Mark McLoughlin
Chairperson
2-11
Resolution No. 2018-xx
Page 6 of 6
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission 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: ________________ ____________________________________
Commission Secretary
City of Santa Ana
2-12
CUP No. 2017-33 for Mother's Market & Kitchen 151 E. Memory Lane
250 feet
Exhibit 2 - Vicinity Zoning & Aerial Map
City Boundaries
Zoning
2-13
CUP No. 2017-33 for Mother’s Market & Kitchen
151 E. Memory Lane
Exhibit – 4 Site Photo
2-14
CUP No. 2017-33 for Mother’s Market & Kitchen
151 E. Memory Lane
Business Name Business Address License Type Distance
(approx.)
1. CVS Pharmacy # 9725 480 S. Main Street, Orange Type-21 (General) 0.5 mi
2. 7-Eleven Store # 2172 290 S. Main Street, Orange Type-20 (Beer & Wine) 0.7 mi
3. Market (formally Fresh & Easy) 146 S. Main Street, Orange Type-21 (General) 1 mi
4. Circle S 2310 W. Chapman Ave, Orange Type-20 (Beer & Wine) 1.18 mi
Exhibit – 3
Map of Off-Sale Licenses within Census Tract No. 760
1
4
2
3
Mother’s Market
& Kitchen
2-15
CUP No. 2017-33 for Mother’s Market & Kitchen
151 E. Memory Lane
Exhibit – 5 Site Plan
Subject Unit
2-16
CUP No. 2017-33 for Mother’s Market & Kitchen
151 E. Memory Lane
Exhibit – 6 Floor Plan
Alcohol
Storage/
Display
Area
2-17
This page left blank intentionally.
2-18