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HomeMy WebLinkAbout2002-029 - Approving Conditional Use Permit No. 2002-05RESOLUTION NO. 2002-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1810-1816 NORTH TUSTIN AVENUE Kdo/03125102 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Conditional Use Permit No. 2002-05 came before the City Council of the City of Santa Ana for a public hearing April 1, 2002. Conditional Use Permit No. 2002-05 has been filed with the City of Santa Ana seeking to allow Type 20 off-sale Alcoholic Beverage Control License for Exxon-Mobile. Santa Aha Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 20 (off-premise beer and wine) Alcoholic Beverage Control license will provide a service to the community by providing beverage items to adjacent communities. The implementation of the conditions of approval that restrict the type of alcoholic beverages, container size and quantity sold, as well as advertising, hours and site maintenance will reduce the potential for nuisance crime impacting surrounding business and residential community. 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 Type 20 (off-premise beer and wine) Alcoholic Beverage Control license will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The conditions of approval address property maintenance (graffiti and litter) and other activities such as exterior public phones that Resolution No. 2002-029 Page 1 of 6 promote loitering decreasing the opportunities for crime and neighborhood annoyances impacting the surrounding commercial and residential uses. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed Type 20 (off-premise beer and wine) Alcoholic Beverage Control license will generate additional tax revenue to the City. This use will provide services that compliment surrounding businesses, and as conditioned, will not adversely affect economic development or stability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the proposed Type 20 (off-premise beer and wine) Alcoholic Beverage Control license. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed Type 20 (off-premise beer and wine) Alcoholic Beverage Control license is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the General Commercial (C2) zoning district that allows retail and service uses. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 01-61 was approved and adopted in the Ordinance for Amendment Application No. 2002-04 (AA No. 2002-04) adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-05 as conditioned in Exhibit "^" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 1810-1816 North Tustin Avenue from Community Commercial (C1) zoning to General Commercial (C2) zoning (AA No. 2002-04). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should Resolution No. 2002-029 Page 2 of 6 - no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 15th day of Julv, 2002. /~MiguelA. Pulido ~ ~ ayor APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Kyle'e~. Ode~e- -- Dep~3..t~ City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez. Bist. Christy. Franklin. McGuioan. Solodo (6~ Councilmembers: None Councilmembers: None (0) Councilmembers: Pulido (1 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-029 to be the odginal resolution adopted by the City Council of the City of Santa Ana on July 15. 2002. Date: .~-~b-~'T~k of the Council City of Santa Ana Resolution No. 2002-029 Page 3 of 6 Conditions for Ao~roval for Conditional Use Permit No. 2002-05 Conditional Use Permit No. 2002-05 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana 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. A. Plannina Division The project shall remain in compliance with Site Plan Review DP No. 01-14. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitiaation Measures Prior to issuance of a building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. Prior to the issuance of any construction permits, the applicant shall be issued a closure letter from the Santa Ana Fire Department and/or the State Regional Water Quality Control Board. = Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a= Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. Resolution No. 2002-029 Page 4 of 6 = 10. 11. 12. 13. 14. 15. 16. b= Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non-Structural Best Management Practices, which may apply to this project. Building plans for the proposed project shall be fitted with a grease interceptor to the size and capacity as designated by the Building Safety Division of the City of Santa Ana to mitigate impacts on the local sanitary sewer system and regional water quality. Such grease intemeptor shall be regularly maintained so as to remain fully functional. 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. All 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 are in operation. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for' "Dinner Wines" which have been aged two years or more and maintained in corked bottles. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. Resolution No, 2002-029 Page 5 of 6 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. No beer or malt beverages shall be sold in quantities of less than six per sale. Beer, malt beverages, and wine coolem in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 mi. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 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. This conditional use permit shall be reviewed by the Police Department after ninety days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. Prior to issuance of the Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 pement of window coverage. Window displays and racks must be kept to a maximum height of three feet including memhandise. A timed-access cash controller must be installed. Interior displays and racks must be kept to a maximum of five feet including merchandise. 28. Install a silent armed robbery alarm Resolution No. 2002-029 Page 6 of 6