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HomeMy WebLinkAbout2002-14• Kdo/06/03/02 RESOLUTION NO.2002-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2002-08 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LCOATED AT 1015 SOUTH FAIRVIEW STREET 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 April 10, 2002 the Zoning Administrator of the City of Santa Ana denied Conditional Use Permit No. 2002-08 after conducting the public hearing. B. Applicant appealed the Zoning Administrator's decision to the Planning Commission. C. On May 28, 2002 the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-08. D. Conditional Use Permit No. 2002-08 has been filed with the City of Santa Ana seeking a Type 21 Alcoholic Beverage Control license which allows the sale of distilled spirits in addition to beer and wine for off-premise consumption for the property located at 1015 South Fairview Street. E. The Planning Commission 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: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Type 21 Alcohol Beverage Control license will not contribute to the well being of the neighborhood. The crime rate of the area places this reporting district in the City 15~h out of 102 reporting districts in the City. Based upon prior experience with overconcentration of off-sale liquor licenses, the sale of distilled spirits in this area would further aggravate or intensify existing conditions and generate additional calls for • police service. Additionally, there are three additional Type 21 Alcohol Beverage Control licenses within 1000 feet of this Resolution No. 2002-14 Page 1 of 4 • facility any one of which constitutes a violation of section 41- 132 of the Santa Ana Municipal Code. Moreover, there is an Elementary school and Library within 1000 square feet of this facility that also constitutes a violation of section 41-132 of the Santa Ana Municipal Code. Finally, there is a fourth Type 21 Alcohol Beverage Control license in the vicinity, a market in excess of 20,000 square feet thereby making this additional license unnecessary. 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 ABC license would be detrimental to persons residing and working in the area as the sale of distilled spirits may further intensify the crime rate in the area. A review of police related calls have detailed incidents in the area that may increase due to the presence of distilled spirits in the market, specifically the public nuisance crimes, such as intoxicated in public, public urination, and petty theft. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? • The 1.84-acre site contains a retail center that is suitable for the proposed project. Although numerous businesses are currently found in the surrounding area, the introduction of distilled spirits will increase the crime rate of the area. This will negatively affect the area's economic stability or future economic development by having existing businesses relocate and discourage new businesses from occupying vacant spaces. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use is not in compliance with the Section 41-132 of the Santa Ana Municipal Code regarding overconcentration of alcohol licenses. There are three existing Type 21 Alcohol Beverage Control licenses and an Elementary school within 1000 feet of this facility. As such, the proposed use does not comply with the regulations and conditions 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 satisfy the City's Land Use Goal of promoting land uses which enhance the City's economic Resolution No. 2002-14 Page 2 of 4 • and fiscal viability, as an over concentration of licenses in the area would exceed the needs for goods and services in the immediate area. This over abundance will result in an unsafe environment for the City's residents, workers, and visitors. Additionally, the proposed use would not satisfy the City's policy of supporting commercial land uses in adequate amounts to accommodate the City's needs for goods and services, since there is an over concentration of licenses in the area this license would be in excess of what is necessary to accommodate the City's needs. Accordingly, the proposed use adversely affects the General Plan. F. After completion of Environmental Review No. 00-207, a Categorical Exemption has been filed for this project pursuant to the California Environmental Quality Act. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit number 2002-08. This decision 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; the public testimony; the evidence presented at the Zoning Administrator hearing held on April 10, 2002; and the computer generated map illustrating 1000 feet from this facility, which based upon testimony presented at the hearing i~ a accurate map of the area, 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 May, 2002by the following vote: AYES: Commissioners: Cribb, Leo, Mondo, Nalle, Richardson, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Doughty (1) ABSTENTIONS: Commissioners: None (0) c / ~ ~ f ~,. Alexander Nalle Chairperson • Resolution No. 2002-14 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~. Kylee Od~tte Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 28, 2002. Date: ~ / 'L--- Pla Wing Co fission Secretary Ci y of S a Ana r~ ~J • Resolution No. 2002-14 Page 4 of 4