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RESOLUTION NO.2002-26
Kdo/10/28/02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2002-13 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 1727 EAST DYER ROAD
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. On September 23, 2002 the Planning Commission conducted a public
hearing on Conditional Use Permit No. 2002-13. The Planning Commission,
then continued the hearing until October 28, 2002.
B. Conditional Use Permit No. 2002-13 has been filed with the City of Santa
• Ana seeking a Type 20 Alcoholic Beverage Control license which allows the
sale beer and wine for off-premise consumption for the property located at
1727 East Dyer Road.
C. The Planning Commission determines that the following findings, which
pursuant to Santa Ana Municipal Code Section 41-638, must be established
in order to grant a Conditional Use Permit, 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. A Mobil Gas Station located at
1351 East Dyer Road is within 1,000 feet of this
establishment. 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 six currently exist. Based upon the City
and the State's over-concentration criteria, the proposed off-
Resolution No. 2002-26
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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?
It is anticipated that the proposed gas station/mini-market
project will enhance the economic stability of the area by
converting a site with a restaurant building into a vital, active
commercial development. Impacts associated with the sale of
• alcohol, at the new mini-market, has the potential to 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 of the S.A.M.C. for such use?
The proposed Type 20 ABC 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. A mitigated negative declaration and mitigation monitoring program was
approved and adopted by the Planning Commission at a public hearing held
on Conditional Use Permit No. 2002-12.
• Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby denies Conditional Use Permit number 2002-13. This decision
Resolution No. 2002-26
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• is based upon the evidence submitted at the abovesaid hearing, which includes but not is
not limited to: the Staff report and exhibits attached thereto; and the public testimony all of
which are incorporated herein by this reference.
Section 3. This decision rendered by the Planning Commission is final and is
subject to judicial review pursuant to California Code of Civil Procedure section 1094.6.
ADOPTED this 28th day of October, 2002 by the following vote:
AYES: Commissioners: Cribb, Leo, Mondo, Nalle, Richardson, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Doughty (1)
ABSTENTIONS: Commissioners: None (0)
P ;..
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-Alexander Nalle
• Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By ~ ,~
Kylee Ode:
Deputy Ci Attorney
•
Resolution No. 2002-26
Page 3 of 4
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2002-26 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on October 28, 2002.
Date: Z ~~ ~ ~-- "`.~ .c
la Wing o mission Secretary
City of S to Ana
U
•
Resolution No. 2002-26
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