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HomeMy WebLinkAbout2006-10KO - 5/2/06 • RESOLUTION N0.2006-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2006-03 FOR THE PROPERTY LOCATED AT 2725 NORTH BRISTOL STREET (APPEAL NO. 2006-01) 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. 2006-03 for a Type 21 Alcoholic Beverage Control license, which allows the sale of distilled spirits for off-premise consumption, for the property located at the 2725 North Bristol Street. B. Conditional Use Permit No. 2006-03 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 5, 2006. The Zoning • Administrator denied Conditional Use Permit No. 2006-03. C. On May 8, 2006, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2006-03 (Appeal No. 2006-01). The hearing before the Planning Commission was de novo and the applicant bore the burden of persuasion. 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: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Rite-Aid 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 area. 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? Resolution No. 2006-010 Page 1 of 4 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, littering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Rite Aid is located in amulti-tenant center that is suitable for the proposed 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. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project 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 met two out of the five criteria for over concentration. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Grocery stores and ancillary uses such as off-premise general liquor license are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. 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 15270. This exemption applies to projects which a public agency disapproves. Statutory Exemption Environmental Review No. 2005-149 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. 2006-01 and denies Conditional Use Permit No. 2006-03. 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 May 8, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2006-010 Page 2 of 4 ADOPTED this 8th day of Ma • AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: y, 2006 by the following vote: Betancourt, Cribb, De La Torre, Lutz, Rodriguez(5) Gartner (1) Leo (1) None (0) ~ ~ ~~ Harvey De La or e Vice Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney l Kylee O. Ott Assistant C' y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-010 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 8, 2006. i Date: Planning Commissi cre ry City of Santa Ana Resolution No. 2006-010 Page 3 of 4 • • 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 2"d ,Santa Ana, California 92702. I served the )10 (Aaaeal n document described as: i0~-01 for Conditional UsE rue copy ereo enc ose envelopes in tnis action ny iacir addressed as fo lows: Melissa Coffman Rite-Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 [ ] 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 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 May 23, 2006 at Santa Ana, California. Q2~~~ir~~r' MARTH MIREZ • Resolution No. 2006-010 Page 4 of 4