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HomeMy WebLinkAbout2003-30r~ ~~ RESOLUTION N0.2003-30 Koo/9/6/03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2003-21 TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2330 SOUTH MAIN STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2003-21 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 10, 2003. • B. Conditional Use Permit No. 2003-21 has been filed with the City of Santa Ana seeking a Type 20 Alcoholic Beverage Control license which allows the sale of beer and wine for off-premise consumption for the property located at 2330 South Main Street. C. The Zoning Administrator 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: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? i. Based upon City criteria, there is an over-concentration of liquor licenses within 1,000 feet of the project site. Section 41-132 of the Santa Ana Municipal Code sets forth specific guidelines for determining over- concentration of liquor licenses in the City. Subsection (1) defines over-concentration as one off-sale licensed establishment within 1,000 feet of another similar establishment. Acapulco Market, located at 210 East • Warner Avenue, is within 1,000 feet of this Resolution No. 2003-30 Page 1 of 4 • establishment. Subsection (2) further defines over- concentration as any location that is within 1,000 feet of any school, church or park. This location is within 1,000 feet of Cesar Chavez High School located at 2126 South Cypress Street. Accordingly, this location meets the City of Santa Ana's over-concentration guidelines. ii. The State Department of Alcoholic Beverage Control has also determined this area to be over-concentrated since it has reached the maximum number of allowable off-sale outlets. The State allows two off-sale establishments in this census tract, while seven currently exist. iii. Based upon the City and the State's over-concentration criteria, the proposed off-sale license would not contribute to the general well being of the 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? • Based upon City and State criteria, there is an over- concentration of liquor licenses within 1,000 feet of the project site and within the census tract where the project is located. Given the criteria established by the City and State Department of Alcoholic Beverage Control, the addition of another off-sale license could be detrimental to safety or general welfare of persons working in the area of the project site. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? While it is anticipated that the proposed retail store/pharmacy will enhance the economic stability of the area by converting a site that is currently vacant into a vital, active commercial development. Impacts associated with the sale of alcohol, at the new retail store/pharmacy, will affect the economic stability and the future economic development of properties in the surrounding area because of the over-concentration of liquor licenses. • Resolution No. 2003-30 Page ~-of 4 • 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed Type 20 Alcoholic Beverage Control license does not comply with the City's over- concentration standards and regulations set forth in Santa Ana Municipal Code Section 41-132, as there are multiple licenses within the immediate area. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use would not adversely affect the General Plan. Retail and ancillary uses such as ABC licenses are permitted within the General Commercial (GC) designation. D. In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The Zoning Administrator of the City of Santa Ana after • conducting the public hearing hereby denies Conditional Use Permit number 2003- 21. ADOPTED this 10th day of September 2003. ~ x ~ " ~~~ Kenneth Adams Planning Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ,/ 4~, • Kylee O. Ot o Deputy City Attorney Resolution No. 2003-30 Page of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-30 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 10, 2003. Date: ~ .~D Clerk of a Zoning Administ ator City of Santa Ana • • Resolution No. 2003-30 Page ~ of 4