HomeMy WebLinkAbout2009-14•
RESOLUTION NO.2009-14
BK - 09/24/09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2009-13 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 1041 WEST FIRST STREET
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. 2009-13 for a
Type 20 (off-premise consumption of beer and wine) Alcoholic Beverage
Control license for the property located at 1041 West First Street.
B. Conditional Use Permit No. 2009-13 came before the Zoning Administrator
of the City of Santa Ana for a duly noticed public hearing on July 29, 2009.
• At the conclusion of the public hearing, being fully informed, the Zoning
Administrator adopted a resolution denying the conditional use permit. This
de novo appeal followed, for which a duly noticed public hearing was held
September 28, 2009.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit
for the sale of alcoholic beverages for off-site consumption.
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 Section 41-638, have been
established:
1. 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 alcohol license will not provide an additional
amenity to the community as there is one other establishment
in the vicinity that offers beer and wine for off-premise sales.
The off-premise alcoholic beverage license has the potential to
attract nuisances to the adjacent park, schools, commercial
and residential areas which will not contribute to the general
well being of the neighborhood or community.
•
Resolution No. 2009-14
Page 1 of 5
•
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 subject site is located in an area that is above average in
police-related incidents. The site is located within Reporting
District No.145, which ranks first out of the 102 citywide
districts in total number of police-related incidents. The
proposed off-premise beer and wine 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 negative impacts to
surrounding properties are further compounded by the subject
property's location within 1,000 feet of a park and schools
attended primarily by minors.
•
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
Carniceria Rubio's Market is located in a commercial area 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 park,
schools, and 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.
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 beer and wine license
since this location meets all 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:
•
The premise is located within 1,000 feet of another
existing off-premise license location;
Resolution No. 2009-14
Page 2 of 5
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 criteria developed by the State Department of
Alcoholic Beverage Control.
The subject property is within 1,000 feet of one other off
premise alcohol licenses, a 7-11 located at 902 West First
Street. The subject property is also within 1,000 feet of a park,
Angels Community Park located at 914 West Third Street, and
schools attended by minors, Katherine Irvine Day School
located at 1002 West Second Street and Santa Ana High
School located at 722 West First Street.
Additionally, the additional of a new ABC licensed
establishment would further intensify the over concentration of
alcohol licenses in this census tract pursuant to the State of
California's Business and Professions Code (Section 23958.4
of the ABC Act). According to ABC, this location has been
determined to meet the State definition of undue concentration
based on the crime rate and the number of licenses within this
census tract. There are currently seven active off-premise (i.e.
market and liquor stores) licenses and one active on-premise
• (Polio Ranchero Restaurant) license within this census tract
while the State only allows for six. By adding a seventh ABC
license in this area would be a violation of Section 23958.4(a).
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, the granting of an 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 granting of an
alcohol license increases the potential for nuisance crimes
such as 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.
Resolution No. 2009-14
Page 3 of 5
E. This project was reviewed in accordance with the Guidelines for the
• California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption applies to
a project that involves the licensing of an existing structure with little or no
expansion involved. Categorical Exemption Environmental Review
No. 2009-178 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing and being fully informed, hereby denies Conditional Use Permit No.
2009-13. 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
September 28, 2009, and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 28th day of September, 2009
AYES: Commission members: Alderete, Betancourt, Gartner, Leo, Turner,
Yrarrazaval (6)
NOES: Commission members: None (0)
ABSTAIN: Commission members: None (0
ABSENT: Commission members: None (0)
• Christop r Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benj mi auf
Chi f A istant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary to the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2009- 14 to be the original resolution adopted by
the Planning Commission of the City of to Ana on Sep ber 28, 2009
Date: ~ ~N~/
Se retary to i Commission
City of Santa Ana
Resolution No. 2009-14
Page 4 of 5
PROOF OF SERVICE
• (C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and
not a party to the within action; my business address is 20 Civic Center Plaza,
Ross Annex Second Floor, Santa Ana, California 92701.
I served the foregoingg document described as: Resolution No. 2009-14
(Conditional Use Permit No. 2009-13) in this action y p acing a true copy
tt e1~~ nc~osec~m sea a enve opes a ressed as follows:
Carlos Guaman Leticia O. Aguilar Chadron L. Williams
Carniceria Rubio's Market Business Owner Property Owner
1041 West First Street 1041 West First Street PO Box 16789
Santa Ana, CA 92703- Santa Ana, CA 92703 Irvine, CA 92623
3925
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
• processing correspondence for mailing. Under that practice it would be deposited
with U.S. Postal Service on that same day with postage thereon fully prepaid at
Santa Ana, California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in
affidavit.
[ ]The document was transmitted by EMAIL transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on October 13, 2009 at Santa Ana, California.
~.
MARTHA RA