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HomeMy WebLinkAbout2002-29• Kdo/9/18/02 RESOLUTION NO. 2002-29 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-15 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3329 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. 2002-15 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 11, 2002. B. The applicant is requesting approval of Conditional Use Permit No. 2002-15 to allow a Type 21 Alcoholic Beverage Control license for the off-premise sale of general liquor located at 3329 South Bristol Street. r ~ ~~ C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a conditional use permit upon making certain findings. 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 License (ABC) for Trader Joe's will provide a service to the community since Trader Joe's offer specialized products that are not available at typical establishments in the area. Conditions have been placed on the proposed off-premise alcoholic beverage license, which will mitigate any potential impact created by the use and ensure that the use will not negatively affect 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? • The proposed Type 21 off-premise general liquor license will not be detrimental to persons residing and working in the area because the off-premise sale of alcoholic beverages, as conditioned, will not create any negative or adverse impacts. The sales of products are targeted towards families and business professionals not typically associated with loitering or Resolution No. 2002-29 Page 1 of 3 • public intoxication, thus will not 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? Trader Joe's is located in amulti-tenant center, which is suitable for the proposed use. Trader Joe's is a viable business that will assist in the promotion of the leasing of the other tenant spaces within the project site, which will assist 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? As proposed, the proposed Type 21 off-sale general liquor license will be in compliance with all applicable conditions imposed on an establishment selling liquor and Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license 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 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 the specific plan area in the City. In accordance with the California Environmental Quality Act, Statutory Exemption Environmental Review No. 02-261 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-15 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this ~ day of September, 2002. ~~5~--- Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: • Kylee O tte Deputy ity Attorney Resolution No. 2002-29 Page 2 of 3 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-29 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 11, 2002. ~~ f -~ ~- Date: ~Gr ~ ~ ~ _ _ ~,~`~. -~-~~ ~ ~,.-___ CI k of the. Z ng Administrator City of Serat'a Ana ~~ ~.~ • Resolution No. 2002-29 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2002-15 Conditional Use Permit No. 2002-15 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. Planningt Division 1. The project shall remain in compliance with Site Plan Review DP No. 02-39. 2. Cart corrals shall be provided in front of the store and in the parking lot to prevent shopping carts from being placed in landscape planters. The cart corral in front of the store is required to be screened by a solid wall or fence made of the same material and color of the building. • 3. Delivery hours shall be restricted to be from 7:00 a.m. to 10:00 p.m. (Modified by the Zoning Administrator September 11, 2002). 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. EXHIBIT "A" Page 1 of 3 • 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 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. Specialty and craft beers will be exempted subjec# to police review. (Modified by the Zoning Administrator September 11, 2002). 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. Specialty and craft beers will be exempted subject to police review. (Modified by the Zoning Administrator September 11, 2002). 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. No alcoholic beverages shall be refrigerated. (Modified by the Zoning Administrator September 11, 2002). 14. 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. 15. 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. 16. The existing suite and parking lot, within 60 feet of the use, 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 project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • EXHIBIT "A" Page 2 of 3 • 17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 18. Cash register must be visible from outside the establishment/premise at all times and shall not be obstructed at any time by temporary or permanent signage. (Modified by the Zoning Administrator September 11, 2002). 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. Install a silent armed robbery alarm. • • EXHIBIT "A" Page 3 of 3