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Home My WebLink About98-077 - Approving Conditional Use Permit No. 98-15Bo RESOLUTION NO. 98- 077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 98-15 TO ALLOW A TYPE 21 ALCOHOL BEVERAGE CONTROL LICENSE FOR OFF-PREMISE CONSUMPTION AT THE RITE-AID PHARMACY, LOCATED AT 111 NORTH MAIN STREET WHEREAS, Conditional Use Permit No. 98-15 came before the City Council for public hearing on October 19, 1998, to allow a Type 21 Alcohol Beverage Control License for off-premise consumption at the Rite-Aid Pharmacy, located 111 North Main Street, Santa Aha; and WHEREAS, following said public hearing, determined to approve Conditional Use Permit No. conditions. the City Council 98-15, subject to 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 the City Council finds and determines as follows: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The sale of beer, wine and distilled spirits from the proposed Rite-Aid Pharmacy location at 111 North Main Street will provide a service in the immediate area. It maintains the existing number of businesses that sell alcohol to the general public and will not add to the overconcentration of liquor licenses in the neighborhood. 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? Ancillary liquor sales within the proposed 16,033 square foot pharmacy will not add to the number of liquor licenses and will not be detrimental to the health, safety or general welfare of the nearby residences. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? 414 Eo The sale of beer, wine and distilled spirits as an ancillary product from the proposed Rite-Aid Pharmacy will not have a negative impact on the economic growth of the immediate area. Approval of the conditional use permit maintains the present number of ABC licenses and approval of this project does not create a significant impact in the number of establishments selling alcohol. Will the specified use? proposed use comply with the regulations and conditions in the chapter of the Santa Aha Municipal Code for such Approval of Conditional Use Permit No. 98-15, as conditioned, will provide the project compliance with all regulations and codes specified in the Santa Aha Municipal Code pertaining to an alcohol beverage licensed establishment. Will the proposed use adversely affect the General Plan of the City? The sale of beer, wine and distilled spirits will not adversely affect the General Plan. 2. Conditional Use Permit No. 98-15 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 19th ATTEST: Ja~ce C. Guy ~ Clerk of the Council day of October , 1998. M~i A. Pulido Mayor COUNCILMEMBERS: Pulido Abstain Richardson ~ Espinoza Absent Lutz ~ McGuigan Aye Franklin Aye Moreno Not Voting 2 415 RESOLUTION NO. 98-077 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~'f' ' o7 ? to be the original resolution adopted by the City Council of the City of Santa Aha on /0 -/~- ~:/2 Date: -/l~erk of the Council "City of Santa Aha 417 RESOLUTION NO. 98-77 PAGE 1 OF 3 Conditional Use Permit No. 98-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building 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. Conditions of Approval &. Plannin~ Division 1. Ail conditions and requirements of Development Processing No. 98- 016 apply. A public art piece valued at one percent of the construction cost of the Rite-Aid Pharmacy project be commissioned, constructed, and erected at the northeast corner of Main Street at First Street. The art piece must be located on property owned by the developer, not within the public right of way. The art piece must include elements of the immediate area in particular, copper and stone. The project must incorporate the same or similar exterior period lighting as the commercial project located on the south side of West First Street between Sycamore Street and Broadway. 4. Applicant must acquire an approval for a C3 parking waiver. 5. Applicant must acquire an appropriate approval of the ingress/egress from First Street. Applicant must surrender the existing liquor license for the location at 419 East First Street, Thrifty/Rite Aid, and not sell beer, wine, and distilled spirits from that location. The license must be surrendered at or before the time of opening of the new facility and a lease shall be maintained and the existing to remain unoccupied for a period not less than six months with a guarantee that no license shall be applied for during the "grandfathering" period. ATTACHMENT A 419 - RESOLUTION NO. 98-77 PAGE 2 OF 3 B. Pollce Department Should the Planning Commission approve Conditional Use Permit No. 98-15 for this location, the Police Department strongly recommends imposing conditions to the mitigate crime and over-concentration issues. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. There shall be no coin-operated games maintained on the premises at any time. Ail public telephones shall be located on the interior of the premises. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises is in operation. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "Dinner Wines" which have been aged two years or more and maintained in corked bottles. 10. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 11. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 421 RESOLUTION NO. 98-77 PAGE 3 OF 3 12. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 ml. Beer coolers, wine-coolers or pre- mixed distilled spirit cocktails must be sold in manufacturer pre- packaged multi-unit quantities. 13. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m., each day of the week. 14. It shall be the applicant(s) responsibility to ensure that at all ~ ........ ~~--'-' ..... ~-- --- - - - minim ~ ...... ~. ~.. ....... ~ ~ a um of ORe uniformed, state licensed security guard for the purpose of keeping the ~eace be at the site from dusk to closing each night of ~/~i~i~. This guard shall also be responsible for ensuring the :~'~'~'::':':':~'~:':'::patrons utilizing the lot. (Modified by the Planning Commission October 12, 1998). 15. Every security guard or guard company employed by you shall first be approved by the Chief of Police, or his designate. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, state licensed security guards to a total number of guards as determined by the Chief of Police. 16. Conditional Use Permit No. 98-15 shall be reviewed by the Pclicc Dcpartr. cnt ~.. ar..,...~ C:?.-.'.-: :.~: .:;~: ~.'. ~' ~er 90 days, six months, one year, and annual]}' ther~'~';:%c- I'..: ..... ::n' '!ications or violations of any of the conditions. (Modified by the Planning Commission October 12, 1998)