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Home My WebLink About1 - CUP2017-311-1 1-2 Conditional Use Permit No. 2017-31 February 26, 2018 Page 3 In 2013, the City Council adopted Ordinance No. NS-2847 which was a comprehensive update to the City’s regulations on establishments selling alcoholic beverages. The ordinance requires approval of a CUP for establishments wishing to sell alcoholic beverages for either on-site or off- site consumption. The ordinance also requires all uses to comply with the operational standards as identified in Section 41-196 of the SAMC. Existing non-conforming establishments selling alcoholic beverages were allowed to continue to operate. Because of this change, the subject market requires approval a CUP, which will allow the City to regulate the ABC license. The market will comply with the operational standards per SAMC Section 41-196(f). Table 3: Separation Requirements for Off-sale Establishments less than 10,000 SF Standards Required by SAMC Provided Separation from similar facilities 1,000 feet from an existing off- sale alcohol establishment Exempt; the site has been selling alcohol since the 1980s Separation from sensitive land uses 1,000 feet away from a school, church or park Complies Over concentration 3 off-premise licenses are allowed while 3 are existing) 2 active licenses plus existing S Rancho Market license, Complies Table 4: Off-Sale Alcohol Licenses within Census Tract 748.05 Business Name Business Address License Type Distance (Approx.) 1. R Rancho Market 2521 W. McFadden Ave Type-20 (Beer & Wine) 410 Ft. 2. 7 – Eleven 2745 W. McFadden Ave Type-20 (Beer & Wine) 1,183 Ft. The proposed expansion will allow the owner to better operate the market by providing one central service counter that will service both the market and water dispensary operations. No expansion is proposed to the display and/or storage of alcohol at this time. The granting of the CUP will be consistent with several goals and policies of 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 5.3 of the Economic Development Element aims to simplify development permit requirements, and assist businesses with permit processing. The operational standards as outlined in SAMC Section 41-196(f) and periodic monitoring will ensure that the market would not deviate from the planned operation reviewed under this application. Police Department Analysis As part of the application process, the Police Department has reviewed this expansion request and does not oppose granting this CUP. Even though this market is located within a Police Grid in the highest 20 percent of activity, no significant activity is resulting from this business’s operations. Table 5: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 106; ranked 12 out of 103 Police Reporting Grids (11th percentile) 1-3 1-4 Resolution No. 2018-xx Page 1 of 4 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-31 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AT S RANCHO MARKET LOCATED AT 2429 WEST MCFADDEN AVENUE, UNITS 101 AND 102 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. The owner of S Rancho Market, Tulasi Gyawal (“Applicant”), is requesting approval of Conditional Use Permit No. 2017-31 to allow the sale of alcoholic beverages for off-premises consumption at an existing market located at 2429 West McFadden Avenue, Units 101 and 102. B. S Rancho Market currently operates with a Type 20 (beer and wine) off- sale alcoholic beverage control (ABC) license within Unit 102. C. 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. D. On February 26, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-31. 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. 2017-31 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 expansion at this location will continue to provide a service and convenience to the community as it has for the past 29 years. Operational standards applied to the alcoholic beverage use by the SAMC will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. EXHIBIT 1 1-5 Resolution No. 2018-xx Page 2 of 4 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 expansion 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 required by the SAMC will address any potential negative or adverse impacts created by the use. S Rancho Market is an existing market serving the surrounding vicinity and the proposed expansion will not be detrimental to the community. 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 expansion and sale of alcoholic beverages will not adversely affect the economic stability of the area. Moreover, the expansion will allow S Rancho Market to better facilitate its business operations and further 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 expansion, sale of alcoholic beverages 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 permitted alcohol sales 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 expansion and 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 5.3 of the Economic Development Element aims to simplify development permit requirements, and assist businesses with permit processing. S Rancho Market 1-6 Resolution No. 2018-xx Page 3 of 4 is located in a commercial center and its operation is compatible with the surrounding land uses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project involves minor interior alterations to demolish a wall within an existing commercial building. 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. 2017-31 for the project located at 2429 West McFadden Avenue, 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 26, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of February, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 1-7 Resolution No. 2018-xx Page 4 of 4 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 26, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-8 CUP No. 2017-31 for S Rancho Market 2429 W. McFadden Avenue, Units 101 & 102 Exhibit 2 – Vicinity Zoning & Aerial Map 1-9 CUP No. 2017-31 for S Rancho Market 2429 W. McFadden Avenue, Units 101 & 102 Exhibit 3 – Site Photo 1-10 CUP No. 2017-31 for S Rancho Market 2429 W. McFadden Avenue, Units 101 & 102 Exhibit 4 – Site Plan Subject Units 1-11 CUP No. 2017-31 for S Rancho Market 2429 W. McFadden Avenue, Units 101 & 102 Exhibit 5 – Floor Plan Alcohol Storage/ Display Area 1-12