HomeMy WebLinkAbout95-047 - Approving Conditional Use Permit No. 95-14RESOLUTION NO. 95-047
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 95-14 TO ALLOW THE SALE
OF BEER AND WINE IN A GAS STATION/MINI-
M3%~/fET AT 1351 EAST DYER ROAD
WHEREAS, this Council held a public hearing on August 7, 1995,
on Conditional Use Permit Application No. 95-14, to allow the sale
of beer and wine in a gas station/minimarket at 1351 East Dyer
Road;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid
hearing, this Council finds and determines as set forth in Exhibit
A, attached hereto and incorporated herein.
2. Conditional Use
subject to the conditions
and incorporated herein.
Permit No. 95-14 is hereby approved
set forth in Exhibit B, attached hereto
ADOPTED this 21st day of
ATTEST:
COUNCILMEMBERS:
Pulido Aye
Richardson Ave
Espinoza Nay
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Nay
Auqust , 1995
r
APPROVED AS TO FORM:
Ed~agd -J. C o~r
City Attorney
I40
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~.~"-- O $/7 to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the C6uncit~
City of Santa Ana I /
RESOLUTION 95-047
conditional Use Permi= No. 9~-14
Augus= 7, 1995
Page 1 of 1
~indin~s
A. Will :he proposed use ~rcvide a service or faci!i:y which will con=ribu=e
=o =he general we~l being of :he neighborhood or the communi=y?
The sale of beer and wine a: =his location along wi=h sundries and
grocery i=ems wail provide a service =o cus:omers using =his sca=ion
as well as pa:tons s=a¥ing in =he cities ho=el dis=rio= and =he
surrounding community.
Will =he proposed use, under =he circums=ances of =he parnicular case, be
de=rimen:al :o =he heal,h, safe=y, or general welfare of persons residing
or working in :he vic!nj:y?
Due mo condi=ions ac:ached =o =he approval of :his license and
annual review of :he required ccndi=ional use permi=, i= ia no=
an=icipa=ed :ha= :his mo=ion will be de=rimenna! =o the heal=h,
safe:y, or general welfare of persons residing or working in =he
vici=icy,
Will =he proposed use adversely affec: :he preach: economic s:abili:y or
fo=ute economic deve!¢pmen: cf prcper:y in she surrounding area?
This sire is curren=ly a viable projec= the= ia in character with
=he surrounding area. The re=ova:ion of :his sire adds :o =he
economic riehl!icy and fu=ure economic deve!opmen= o~ =he
surrounding area ~y redeveloping an older ai=e. The sale cf beer
and wine along wi=h sundries and grocery i=eme a: =he gas
s=a=ion/mini-mar= will con=inue :o provide a service =o pa=tons
u=ilizing :he Ci=y's Ho=el Terrace Dis:rich and Business Parks.
Will =he proposed use c:mply with =he regula=ions and co=dj=ions specified
in =his chap=er for such a use?
The proposed use has been co=dj=lo=ed =o comply with =he regulations
and co=dj=ions specified in =he Sa=ca Aha Municipal Code per=al=lng ·
=o :he off premise sale of beer and wine.
Will =~e proposed use adversely affec= =he General Plan cf =he City or any
specific plan applicable =o =he area of =he proposed use?
Curren=ly =here is a conflic= be=ween exis=ing zoning on =his
proper=y and =he Ci=y's General ~lan. Ae :he reeul= of =he
re=ova=ion of =he gas sca=ion sire =~is co=flit= will ~e elimina=ed
~¥ bringing =he zoning designs=ion for =his proper=y in=o
conformance wi=h =be City's General Plan. Therefore, =he proposal
will no~ adversely affec= =he General Plan of the Cloy.
EXHIBIT A
142 RESOLUTION 95-047
Co:dj=in:al Use Permi: No.
Augus= 7, 1995
Page 1 of 1
Conditions for A~ornval
Should =cedi=in:al Use Permi= NC. 95-14 be approved, %he pro,ac= mus= comply wl=h
all applicable sec=ices of =he Sen=a Aha Municipal Code, :he California
Adminis=ra=lve Code, :he'Uniform Fire Coda, :he Uniform Suilding code and all
o~her applicable regula=ions. In addi=ion, i= shall mae: :he following
conditions:
~o~ce Deosr~men~
The sale of alcoholic beverages shell be permi==ed only between =he
hours of 7:00 a.m. =o 12:-00 a.m., seven days a week.
Seer shall be sold on =he premises only in packages uni=s of s six
pack or more, and no= by individual cans or bo==les. NO wine shall
be sold in bo==is or con:si:er smaller :ha: 750 ml or a four pack of
wine coolers. The sale of wine coolers shall be sold in package
uni:s of four or more and no: by individual cans or hoc:les.
No wine shall be
percen: by volume.
sale.
sold wi=h an alcohol cnn:e:: grea=er :hen 15
No for=iliad beer Or wine =o be offered for
Alcoholic beverages shall no: be consumed on any proper=y adJacen:
=o =he licensed premises under :he con=rol of =he licensee.
There shall be no ex:stint adver:ising of any kind or =ype,
including adver=ising dirsc=ed =o :he exnerior from wi=hie,
promo:ing or indica=ing ~he availabi!i=y of alcoholic beverages on
=he premises.
The Cc:dj=ions! Use Permi= shall be reviewed a~ six mon:he, &= one
year and then annually thermal=er by =he Police Depar=men= for any
modifica:ion =o =he co:dj:ions of approval.
It shall be =he penitionsr(s) res~onsibili=y =o ensure =ha: SAM= 10-
96 is complied wi=h a: all :Jmes.
Prior =o =he issuance of a la=:er of approval ~o =he Alcohol
Beverage Control ~oard, all conditions muse be complied wi=h.
EXHIBIT B