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HomeMy WebLinkAboutRESO 2020-25_ 1641 E ST ANDREWResolution No. 2020-25 Page 1 of 7 LS 8.10.20 RESOLUTION NO. 2020-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-16 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF- PREMISES CONSUMPTION WITH ANCILLARY WAREHOUSING AND INSTRUCTIONAL SEMINAR TASTINGS AT A NEW ESTABLISHMENT LOCATED AT 1641 EAST SAINT ANDREW PLACE. 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. Jason Boland, business owner of Spectrum Wine (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2020-16 to allow the sale of alcoholic beverages for off-premises consumption with ancillary warehousing and instructional seminar tastings at a new establishment located at 1641 East Saint Andrew Place. B. Santa Ana Municipal Code (“SAMC”) Section 41-196 requires approval of a CUP for establishments proposing to sell alcoholic beverages for off- premises consumption with ancillary warehousing and instructional seminar tastings at a new establishment. C. On August 10, 2020, the Planning Commission held a duly noticed public hearing on CUP No. 2020-16. D. The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2020-16 to allow the sale of alcoholic beverages for off-premises consumption with ancillary warehousing and instructional seminar tastings at an establishment at 1641 East Saint Andrew Place: 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 establishment will provide additional off- premises consumption with ancillary warehousing and instructional seminar tastings to Santa Ana visitors and residents. This will thereby benefit the community by providing an additional establishment that provide goods and service s to the City. Operational standards applicable to the Resolution No. 2020-25 Page 2 of 7 alcoholic beverage control (“ABC”) license and conditions of approval will mitigate any potential impacts created by the use and will 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 establishment 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 ABC license and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 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 will contribute to the City. The use will provide another establishment with sales of goods, identifying the use as an economically viable establishment in Santa Ana. In addition, the proposed establishment will contribute to the overall success of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed CUP will be in compliance with all applicable regulations and operational standards imposed on an off-sale establishment selling alcoholic beverages for off-premises consumption pursuant to Chapter 41 of the SAMC. In addition, 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. 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 with ancillary warehousing and instructional seminar tastings at this establishment will not adversely affect the General Plan or any specific plan. The granting of Resolution No. 2020-25 Page 3 of 7 CUP No. 2020-16 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. 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Spectrum Wine is located within a multi-tenant industrial center and its operation is compatible with the surrounding industrial use businesses. E. A Public Convenience and Necessity (“PCN”) letter is required per Business and Professions Code Section 23958.4 as the State has determined that an overconcentration 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 1,697 residents. Spectrum Wine is located in Census Tract No. 744.03, which is allowed three (3) off-sale outlets based on the State’s criteria, while seven (7) active licenses currently exist. Although the census tract is over concentrated per State standards, the business model for Spectrum Wine differs from the other off-premises establishments as Spectrum Wine specializes in wine auctions and retail sales in which customers can purchase wine by the bottle or in larger quantities while the other establishments are smaller neighborhood markets that sell both beer and wine. There is one existing establishment called The Original Wine Club located at 1431 South Village Way, Unit A, that sells beer and wine with tastings. Thus, despite the overconcentration 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. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class – Existing Facilities). The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages for off-premises consumption, warehousing, and instructional seminar tastings. Based on this analysis, a Notice of Exemption, Environmental Review No. 2020-46, will be filed for this project. Resolution No. 2020-25 Page 5 of 7 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. 2020-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 10, 2020. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 08-10-2020 Resolution No. 2020-25 Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-16 Conditional Use Permit No. 2020-16 for the sale of alcoholic beverages for off-premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The sale of alcoholic beverages shall be permitted in accordance with the operational standards for off-premises consumption establishments pursuant to Section 41-196(f) of the SAMC and in accordance with the provisions of an off- sale alcoholic beverage license by the State Alcohol Beverage Control Board (ABC). 2. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit pursuant to SAMC Section 41-196(f)(14). 3. Within 90 days of adoption of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and Resolution No. 2020-25 Page 7 of 7 debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the ABC license.