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Home My WebLink About2003-58• RESOLUTION NO. 2003-58 Koo-1 /12/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-26 TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT D 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. The applicant is requesting approval of Conditional Use Permit No. 2003- 26 for a Type 20 Alcoholic Beverage Control license to allow the off-premise sale of beer and wine for the property located at 3960 South Main Street, Unit D. B. Conditional Use Permit No. 2003-26 came before the Zoning . Administrator of the City of Santa Ana for a public hearing on October 15, 2003. The Zoning Administrator approved Conditional Use Permit No. 2003-26 as conditioned. 2. At the November 10, 2003 Planning Commission meeting, the Commission set this item for public hearing in order to discuss the possible addition of conditions which were deleted by the Zoning Administrator. C. Conditional Use Permit No. 2003-26 came before the Planning Commission of the City of Santa Ana for a public hearing on December 8, 2003. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator 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 the community? The proposed Alcoholic Beverage Control (ABC) license for • Qwik Corner will provide a service to the community by allowing an established service at this location to continue Resolution No. 2003-58 Page 1 of 4 once the proposed new building is constructed. Conditions have been placed on the ABC license, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding 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 Type 20 off-premise beer and wine license, as conditioned, will not be detrimental to the persons residing and working in the area because the sale of alcoholic beverages will occur as an ancillary use to a convenience store and will not create any negative or adverse impacts. The sales of products are targeted toward families and business professionals not typically associated with loitering or public intoxication. The Police Department has received nine calls for minor service during the last two years and considers this aloes-risk site. Moreover, conditions are imposed to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding • the area? Qwik Corner is located on a parcel of land that fronts two major arterial streets and therefore is suitable for the proposed use. Qwik Corner has been an established and viable business at this location since 1990, which will assist in the promotion of the leasing of the other proposed tenant spaces within the project site. This in turn will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed Type 20 off-premise beer and wine license will be in compliance with all applicable regulations and conditions imposed on an establishment selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code as well as other state and local regulations. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Convenience stores and ancillary uses such as alcoholic • beverage control licenses are permitted within the General Resolution No. 2003-58 Page 2 of 4 Commercial (GC) General Plan designation and the Arterial Commercial (C5) zoning district. The proposed project is not located in a specific plan area in the City. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2002-303 was prepared for this project and approved by the Planning Commission at its October 13, 2003 meeting. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-26 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 8th day of December, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) • ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Ott, Deputy Ci Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2003-58 Page 3 of 4 Alexander Nalle Chairperson I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No.2003-58 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2003. 4 Date: /'~~ ~~ Clerk of the Planning Commissi City of Santa Ana Resolution No. 2003-58 Page 4 of 4 Conditions for Approval for Conditional Use Permit No. 2003-26 Conditional Use Permit No. 2003-26 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 rip or 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2002-65. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. There shall be no operation between the hours of 12:00 midnight and 5:00 a.m. • 4. The alcoholic beverage storage and display area may not exceed five hundred square feet. `~ _ _ ~'es. (Modified by the Zoning Administrator on October 15, 2003.) B. Police Department 1. 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. 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 and designed for outgoing calls only. Exhibit A Page 1 of 2 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti is to 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. Tho ~r,lo~ of hoer i+r rv~.~l4 hov nec~ in n~ ~~n~i4i ~ ~`) n~ 10. ~ ~ rimes a g~arts, e~~ /1~l ~~ nr imil~+r ~+i~e nnn+~in .arc n hecr nr rr,.~l4 -r~r-v~ ~-~-wrrcaTr~reFS~rr~~26~--~o~c~r-vr--rr,urc ;;eTera9~ ~.h~ii he c~n~rl in n„ ' 'es-~#-less-##a~--s+~~er~ale. (Modified by the Zoning Administrator on October 15, 2003.) 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. (Modified by the Planning Commission December 8, 2003.) 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. • (Modified by the Planning Commission December 8, 2003.) 13. 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. 14. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 15. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 16. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 17. Window displays and racks must be kept to a maximum height of three feet including merchandise. 18. Atimed-access cash controller must be installed. 19. Interior displays and racks must be kept to a maximum of five feet including merchandise. 20. Install a silent armed robbery alarm. Exhibit A Page 2 of 2