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HomeMy WebLinkAbout2003-25• RESOLUTION N0.2003-25 Koo/6/20/03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2003-11 TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2921 SOUTH BRISTOL 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. 2003-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing on July 2, 2003. B. Conditional Use Permit No. 2003-11 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 2921 South Bristol 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? 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. This location meets that criterion since there is one existing off-sale license located nearby, the Key Market Liquor located at 3041 South Bristol Street. This retail liquor store currently has a Type 21 off-sale general type Alcoholic Beverage Control license. 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 Saddleback High School. Based upon • the City's over-concentration criteria, the proposed off-sale Resolution No. 2003-25 Page 1 of 3 • 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 criteria, there is an over-concentration of liquor licenses within 1,000 feet of the project site where the project is located. Given the criteria established by the City, the addition of another off-sale license could be detrimental to the safety or general welfare of persons working in the area of the project site based on an above average crime rate in the area and over-concentration of licenses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? While the proposed gas station/mini-market project will enhance the economic stability of the area by converting a vacant site into a vital and active commercial development, the impacts associated with the sale of alcohol at the new mini- market will affect the economic stability and the future • economic development of properties in the surrounding area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 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. As such the proposed use does not comply with the regulations and conditions specified in Chapter 41. 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 Alcoholic Beverage Control 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. • Resolution No. 2003-25 Page 2 of 3 • Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit number 2003-11. ADOPTED this 2"d day of July 2003. Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~ ~.__ By: ~ Kylee O. o • Deputy Cii~'i Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-25 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 2, 2003. ~_ . Date: ~ ,, __~/ erk of the Za'ning Administrator ~ City of Santa Ana • Resolution No. 2003-25 Page 3 of 3