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HomeMy WebLinkAboutRESO 2019-39_1544 E WARNER AVENUELS 9.9.19 RESOLUTION NO. 2019-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1544 EAST WARNER AVENUE 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. Michael Cho, representing the Wine Exchange (Applicant), is requesting approval of Conditional Use Permit No. 2019-24 to allow an upgrade of a Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license, as well as approval of a new Type 42 ABC license to allow the sale of beer, wine and distilled spirits for on and off -premises consumption for the property located at 1544 East Warner Avenue. B. Conditional Use Permit No. 2014-28 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 28, 2014. At such meeting, the Planning Commission approved a Type 20 ABC license for the establishment. C. The Applicant is now requesting approval of Type 21 and Type 42 ABC licenses in order to allow the sale of upscale distilled spirits, as well as to allow the tasting of beer, wine and distilled spirits within a designated tasting room. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. E. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage control licenses will allow the existing establishment to enhance its current operations by allowing retail sales of beer, wine and distilled spirits at this location. The conditional use permit for the ABC license will Resolution No. 2019-39 Page 1 of 5 allow the Wine Exchange to expand its operations at this location while allowing it to serve existing and new clientele. Standards that are applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use 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 licenses for the on and off -premises consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because alcohol related standards have been placed on the proposed license that will mitigate any potential negative or adverse impacts created by the use. In addition, the sale of alcoholic beverages will occur within the interior of the premises and will not impact adjacent businesses. 3. Will the proposed use 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 facility to compete with other wine merchants in the area that also offer the retail sale of alcoholic beverages. Further, the establishment is proposing to expand its business by including a tasting room as a component of their business plan, which will assist in identifying the location as an economically viable business and which will improve its economic competitiveness. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a business selling alcoholic beverages pursuant to Chapter 41 of the Santa Ana Municipal Code and the standards adopted by the City for retail uses that sell alcohol. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and Resolution No. 2019-39 Page 2 of 5 services. A wine merchant provides a retail service to the residents and employees of Santa Ana. Further, retail and ancillary uses such as on and off -premises alcohol sales are permitted within the Professional and Administrative Office (PAO) General Plan land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wine Exchange retail business is located in a commercial and business park area and is compatible with the surrounding businesses. F. A Public Convenience and Necessity (PCN) letter is required per Business and Professions Code Section 23958.4 as the State has determined that an over -concentration of off -premises ABC licensed establishments within the census tract exists. The State Department of Alcoholic Beverage Control identifies a census tract as over -concentrated if the ratio of off -sale retail licenses to the population of the census tract which the premises is located exceeds the ratio of off -sale retail licenses to the population of the county. Based on this analysis, census tracts in the City are allowed one licensed establishment per 1,650 residents. The Wine Exchange is located in Census Tract No. 740.03, which is allowed one off -sale outlet based on the State's criteria, while six active licenses currently exist. Although the census tract is over -concentrated per State standards, the business model for the Wine Exchange differs from the other licensed establishments as the Wine Exchange sells wine by the bottle or in larger quantities while the other establishments are smaller neighborhood markets that sell both beer and wine. Thus, despite the over -concentration of ABC licenses in the census tract, the issuance of an additional off -sale ABC license at this location is necessary to serve the public convenience, will not create any adverse impacts and will not impact the overall crime rate of the area. G. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing commercial building. Categorical Exemption Environmental Review No. 2019-58 will be filed for this project. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, Resolution No. 2019-39 Page 3 of 5 authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-24. In addition, the F Planning Commission authorizes the issuance of a Public Convenience and Necessity (PCN) Letter for the project. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. *Signature page follows* Resolution No. 2019-39 Page 4 of 5 ADOPTED this gch day of September, 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) Ma I cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: qti! Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2019-39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. Date: g I --I it I �'x i3a�' Planning Commission Secretary City of Santa Ana Resolution No. 2019-39 Page 5 of 5 l