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HomeMy WebLinkAbout2002-08• RESOLUTION NO. 2002-08 Kdo/04/01 /02 A RESOLUTION OF THE ZONING ADMINISTRATOR 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 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. 2002-08 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 10, 2002. B. 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. 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: 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 segment of the City 15th out of 102 reporting districts in the City. The sale of distilled spirits in this area may further aggravate or intensify existing conditions and generate additional calls for police service. 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 may 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 Resolution No. 2002-08 Page 1 of • police related calls have detailed incidents in the area that may increase due to the presence of distilled spirits in the market. 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 may increase the crime rate of the area. This may negatively affect the area's viability 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 in compliance with the regulations and conditions of Chapter 41 of the Santa Ana Municipal Code, as all site violations have been addressed. Accordingly, the use would 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 adversely affect the General Plan. Retail and ancillary uses such as ABC licenses are permitted within the General Commercial (GC) designation. Additionally, the project, as designed, is in compliance with the regulations identified in the zoning code. D. 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 Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit number 2002-08. ADOPTED this ~ o day of April 2002. • ~~ Kenneth Adams Zoning Administrator Resolution No. 2002-08 Page 2 of 2' • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: , Kylee Od Deputy 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. 2002-08 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on ~3~-=~ iv.~z--, Date: 5 ~~ v z---- lerk oft oning Adminis for City of ants Ana Resolution No. 2002-08 Page 3 of ,~