HomeMy WebLinkAbout2008-23•
RESOLUTION NO. 2008-23
ROH - 7/24/08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2008-13 AS
CONDITIONED FOR THE PROPERTY LOCATED AT
5111 WEST EDINGER AVENUE
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. 2008-
13 for a Type 21 Alcoholic Beverage Control license, which allows
the sale of distilled spirits for off-premise consumption, for the
property located at 5111 West Edinger Avenue.
B. Conditional Use Permit No. 2008-13 came before the Zoning
• Administrator of the City of Santa Ana for a public hearing on May 21,
2008. On May 21, 2008, the matter was continued to June 4, 2008.
After conducting the public hearing, the Zoning Administrator
approved Conditional Use Permit No. 2008-13 as conditioned.
C. On July 14, 2008, the Planning Commission voted to set Conditional
Use Permit No. 2008-13 for a public hearing on July 28, 2008.
D. On July 28, 2008, Conditional Use Permit No. 2008-13 came before
the Planning Commission of the City of Santa Ana for a public
hearing.
E. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site or off-site
consumption.
F. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
Resolution No. 2008-23
Page 1 of 8
The Type 21 ABC license for the O.C. Supermarket will
• add an additional service to the existing community by
providing an additional product to the existing food
market store. This will provide patrons with the
convenience of purchasing beer, wine and distilled
spirits while purchasing their groceries. Policy 2.2 of
the Land Use Element encourages commercial land
uses in adequate amounts to accommodate the City's
needs for goods and services. Additionally, the
inclusion of conditions of approval will help to ensure
that the applicant will operate the store in a manner that
will not create additional problems for the neighboring
residents and Police Department.
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 Type 21 ABC license will not be
detrimental to persons residing or working in the area
as a result of placing conditions of approval on
Conditional Use Permit No. 2008-13. Policy 5.5 of the
Land Use Element encourages projects that are
compatible with and supportive of surrounding land
• uses. The sales of products at the market are targeted
toward families m the neighboring area and an ABC
license at this location will not create any negative
impacts to the surrounding residences and commercial
businesses due to the conditions of approval that have
been placed on the conditional use permit.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties in the
surrounding area?
The Type 21 ABC license will not negatively affect the
economic stability of the surrounding area. Policy 2.5
of the Land Use Element encourages projects that
balance economic and fiscal benefits of commercial
development with its impacts on the quality of life in the
City. A license for the market will not affect the
surrounding neighborhood or City. The addition of the
Type 21 license will create an additional service for the
surrounding residential neighborhoods. The conditions
of approval will help to mitigate any potential problems
and will minimize the possibility of the license affecting
the economic stability for the area.
Resolution No. 2008-23
Page 2 of 8
•
4. 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 Type 21 ABC license is not subject to
the City of Santa Ana's criteria for over-concentration
as outlined in Chapter 41 of the Santa Ana Municipal
Code. In addition, conditions of approval will be placed
on the conditional use permit to ensure compliance
with City standards. The proposed license complies
with the intent of the City's codes in that the license will
not negatively impact the surrounding commercial and
residential locations. The O.C. Supermarket is located
in a commercial district and allows the proposed use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
•
The proposed use will not have adverse affects on the
General Plan as it is permitted in the General
Commercial land use designation. Policy 2.2 and 2.5 of
the Land Use Element encourage commercial land
uses in adequate amounts to accommodate the City's
needs for goods and services and encourages projects
that balance economic and fiscal benefits of
commercial development with its impacts on the quality
of life in the City. The Type 21 license will give the
neighborhood an additional retail market to purchase
their alcoholic beverages. Additionally, Policy 5.5 of the
Land Use Element encourages projects that are
compatible with and supportive of surrounding land
uses. The market is located within an existing
shopping center and the addition of the license to the
existing retail market will not affect the General Plan of
the City, as conditions of approval will help to mitigate
any potential impacts to the surrounding
neighborhoods.
G. In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review pursuant to Section
15301. This Class 1 exemption allows the licensing of an existing
use with no expansion. Categorical Exemption Environmental
Review No. 07-144 will be filed for this project.
•
Section 2. The Planning Commission of the City of Santa Ana after
conducting the public hearing hereby approves Conditional Use Permit No. 2008-
13 as conditioned in Exhibit A attached hereto and incorporated as though fully set
Resolution No. 2008-23
Page 3 of 8
forth herein. This decision is based upon the evidence submitted at the abovesaid
• hearing, which includes but is not limited to: the Request for Planning Commission
Action dated July 28, 2008 and exhibits attached thereto; and the public testimony,
all of which are incorporated herein by this reference.
ADOPTED this 28th day of July, 2008 by the following vote:
AYES: Commissioners: Betancourt, De La Torre, Gartner, Leo, Mill,
Yrarrazaval (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete (1)
ABSTENTIONS: Commissioners: None (0)
' ~'
• Christophe Leo
Chairma
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Rye
Del
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2008-23 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on July 28, 2008.
Date: ~ 2
tanning Commission ecretary
• City of Santa Ana
Resolution No. 2008-23
Page 4 of 8
• Conditions for Approval for Conditional Use Permit No. 2008-13
Conditional Use Permit No. 2008-13 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, 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. Planning Division
Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review.
2. The project shall remain in compliance with Site Plan Review (DP No. 07-
50).
• 3. Prior to ' ' November 1, 2008, a
landscape plan for the site shall be submitted to the Planning Division for
review and approval. Modified by Planning Commission on July 28,
2008.
4. Prior to 'November 1, 2008, an
electronic shopping cart containment system (Gatekeeper, Cartronics or
equivalent) shall be installed within the parking lot driveways and
pedestrian entrance paths to ensure that shopping carts remain within the
site. Modified by Planning Commission on July 28, 2008.
B. Police Department
No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
2. The petitioner shall be responsible for maintaining free of litter the area
adjacent to the premises over which he has control.
3. 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.
Resolution No. 2008-23
Page 5 of 8
4. There shall be no coin-operated games maintained on the premises at any
time.
5. All public telephones shall be located on the interior of the premises.
6. The petitioner(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
7. The petitioner(s) shall post a placard prohibiting loitering, pursuant to
California Penal Code ("CPC") section 602, on the exterior of the
premises.
8. 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.
9. 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.
10. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz.,
40 oz., or similar size containers are 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.
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 6:00 a.m. and 12:00 a.m., each day of the week.
14. This land use clearance is for a Type 21 off-sale beer and wine ABC
license. Any other type of license use at this location will require separate
land use approval.
15. This conditional use permit shall be reviewed by the Police Department
after 90 days, six months, one year, and annually thereafter for
modifications or violations of any of the conditions.
16. Existing market and required parking must conform to the provisions of
Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building
Security Ordinance). These code conditions will require that the existing
Resolution No. 2008-23
Page 6 of 8
project's lighting, door/window locking devices and addressing be
• upgraded to current code standards. Lighting standards cannot be
located in required landscape planters.
17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Condition 16 must be complied with.
18. Cash registers must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
19. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
20. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
21. Atimed-access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
•
•
Resolution No. 2008-23
Page 7 of 8
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 foregoing document described as: Resolution No. 2008-23
(Conditional Use Permit No. 2008-13) in this action by p acing a true copy
thereof enclosed in sealed envelopes addressed as follows:
Jerome Tarver Yanki Greenspan
Asian American Construction Inc. Alevy Family Trust
15916 South Figueroa Street 6665 Long Beach Boulevard
Gardena, CA 90248 Long Beach, CA 90805
Paul Yip
5111 West Edinger Avenue
Santa Ana, CA 92704
• I caused to be delivered b courier, such envelo e b hand to the office of the
[] Y p Y
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 facsimile 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 August 12, 2008 at Santa Ana, California.
ARTHA RAMI EZ
Resolution No. 2008-23