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HomeMy WebLinkAbout2009-17bk:10/26/09 • RESOLUTION NO. 2009-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2009-16 FOR THE PROPERTY LOCATED AT 2626 NORTH BRISTOL STREET, SUITE B 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. Applicant is requesting approval of Conditional Use Permit No. 2009- 16 for a Type 21 Alcoholic Beverage Control license, which allows the sale of distilled spirits for off-premise consumption, for the property located at 2626 North Bristol Street, Suite B. • B. Conditional Use Permit No. 2009-16 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 16, 2009, less than one year since the denial by the Zoning. Administrator of a virtually identical application on or about September 24, 2008 (CUP No. 2008-33). The Zoning Administrator denied the application. This appeal followed. C. One matter brought forth at the Zoning Administrator hearing can be updated (Police File No. 09-28336). One of applicant's clerks, during an apparent dispute over use of parking spaces in the K&S parking lot, committed acts which led to his plea of guilty on October 13, 2009 to the misdemeanor violation of Penal Code sections 245(a)(1) (assault with a deadly weapon) and 417(a)(1) (brandishing a deadly weapon). The assailant was placed on three years probation. and sentenced to twenty days of physical labor with a CalTrans crew. This was at least the second incident recorded by Santa Ana Police Department related to K&S representatives regarding a dispute over use of the K&S parking lot. D. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit from the provisions of the Santa Ana Municipal Code, have not been established: • Resolution No. 2009-17 Page 1 of 6 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 license will not provide a service to the community since there are two other establishments in the vicinity that offer beer, wine and distilled spirits for off-premise sales. The off-premise alcoholic beverage license has the potential to attract nuisances to the adjacent commercial and residential areas which will not contribute to the general well being of the neighborhood or 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 off-premise general liquor license will be detrimental to persons residing and working in the area as the off-premise sale of alcoholic beverages has the potential to create nuisances such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential • neighborhoods. These potential negative impacts to surrounding properties are further compounded by the subject property's location within 1,000 feet of a school attended primarily by minors and a church. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? K&S Food Store is located in a commercial center that is suitable for the existing use. However, a concentration of off-premise sale outlets not only increases the availability of alcohol but the nuisance crimes that impact the economic viability of the adjacent commercial area and neighboring residential developments. The denial of this application would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions based purely on fiscal considerations but also the qualitative implications that are associated. This new alcohol license's potential to increase nuisance crimes will adversely affect the economic stability of the surrounding properties. • Resolution No. 2009-17 Page 2 of 6 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will not be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license since this location meets two of the three criteria established for defining over concentration. The Santa Ana Municipal Code defines the over concentration of alcohol licenses as a site that meets any one of the following criteria: 1. The premise is located within 1,000 feet of another existing off-premise license location; 2. The premise is located within 1,000 feet of any property used as a school primarily attended by minors, a church or a park; 3. The premise is determined to be over concentrated by the State Department of Alcoholic Beverage Control. The subject property is within 1,000 feet of two other • off-premise alcohol licenses, a Rite Aid located at 2725 North Bristol Street and Adolfo's Liquor located at 2734 North Bristol Street. The subject property is also within 1,000 feet of a school attended primarily by minors at 2709 North Bristol Street and a church at 2500 North Bristol Street. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will adversely affect the General Plan in several ways. First, markets and ancillary uses such as off-premise general liquor licenses are not permitted within the Low-Density Residential (LR-7) General Plan Land use designation which is in direct contrast with Policy 5.4 of the Land Use Element of the General Plan wflich encourages land uses which are consistent with the Land Use Plan. The upgraded alcohol license will also be inconsistent with Policy 2.9 of the Land Use Element which supports developments that create a business environment that is safe and attractive. The upgraded alcohol license • increases the potential for nuisance crimes such as Resolution No. 2009-17 Page 3 of 6 loitering, disturbing the peace, graffiti and other crimes • that impact surrounding businesses and residential neighborhoods. The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan which discourages projects that are not compatible with surrounding land uses and have the potential to negatively impact their quality of life. The projects proximity to both residential properties as well as other sensitive land uses identified in the over concentration criteria further support the denial of this application. E. This accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 21080(5). This subsection applies to projects in which the public agency disapproves of the request. Should the Zoning Administrator recommend approval, further environmental review may be required. Environmental Review No. 2009-50 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Appeal No. 2009-03, and Conditional Use Permit No. 2009-16. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 26, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of October, 2009 by the following vote: AYES: Commissioners: Alderete. Betancourt, Gartner, Leo, Turner, NOES: Commissioners Yrarrazaval (6) None (0) ABSENT: Commissioners ABSTENTIONS: Commissioners None (0) None (0) Christoph Leo Chairma • Resolution No. 2009-17 Page 4 of 6 • B~ Bi CI CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 26, 2009. Date: / ' ~ ~~~~ Planning Commission Secre City of Santa Ana Resolution No. 2009-17 Page 5 of 6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney