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HomeMy WebLinkAbout2001-36• RESOLUTION NO.O1-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA OVERTURNING THE DECISION OF THE ZONING ADMINISTRATOR AND APPROVING CONDITIONAL USE PERMIT NO. 2001-03 TO ALLOW A TYPE 21 ABC LICENSE FOR SMART AND FINAL LOCATED AT 3430 SOUTH BRISTOL STREET WHEREAS, Conditional Use Permit No. 2001-03 came before the Zoning Administrator for a public hearing to allow a Type 21 Alcohol Beverage Control License for sale of alcohol for off- premise consumption; WHEREAS, after said public hearing, the Zoning Administrator denied Conditional Use Permit No. 2001-03; WHEREAS, Santa Ana Municipal Code Section 41-645.5 authorizes the Planning Commission to hear appeals from the Zoning Administrator for decisions involving the issuance of conditional use permits for the sale of alcoholic beverages; and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 01-10 has been prepared for the project; • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above-said hearing, the Planning Commission finds and determines as follows: A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Smart and Final Stores is a business that caters to restaurants, for-profit vendors and non-profit organizations as well as the general public. The proposed Type 21 Alcoholic Beverage Control (ABC) license will allow Smart and Final to provide their clients with a selection of food and beverage items for their shopping convenience. The area is considered over-concentrated by City standards with three off-premise alcohol outlets within 1,000 feet of the Smart and Final location. However, the implementation of the Conditions of Approval that restrict the type of alcoholic beverages, container size and quantity sold, as well as advertising, hours and site maintenance will reduce the potential for nuisance crimes impacting surrounding businesses and residential community. • B. 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 Alcoholic Beverage Control (ABC) license will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The Conditions of Approval address property maintenance (graffiti and litter) and other activities such as exterior public phones that promote loitering decreasing the opportunity for crime and neighborhood annoyances impacting the surrounding commercial uses or the multi-family residential development west of the subject site. The Police Department reports the area is 48`" out of 102 Police Reporting Districts. This district is average in police related incidences. To ensure compliance with the Conditions of Approval, the Police Department will conduct a review of the project at 90 days, six months and one year, then annually thereafter. C. Will the proposed use adversely affect the present economic stability of future economic development of the property in the surrounding area? The economic stability of the South Bristol District will not be affected by the addition of another off-premise license. The proposed ABC license will allow Smart and Final, a wholesale bulk food retailer, to economically compete with other businesses in the area that have anoff-premise license. Each license outlet caters to a • variety of retail customers. The other off-premise licenses are a discount retailer, Pic N Save; a pharmacy, Rite Aid and Craig's Liquor. There are no significant ambient noise, traffic or parking impacts anticipated for this project that would negatively impact the economic viability of the retail or residential areas. D. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? The proposed outlet location does not meet the State's definition of over concentration. The State allows three off-premise license outlets per census tract, currently there are two within the Smart and Final census tract. However, the proposed off-premise Alcoholic Beverage Control (ABC) license does meet the Santa Ana Municipal Code Section 41-132 definition of over-concentration. This definition was established to ensure that proposed license outlets do not negatively impact sensitive land uses within the surrounding area. Smart and Final is located in a commercial district abutting residential development on the west side. The implementation of the Conditions of Approval will reduce the potential for negative impacts and bring the project into compliance with Conditional Use Permit 01-3. E. Will the proposed use adversely affect the General Plan of the City? • • The proposed ancillary use, anoff-premise Alcoholic Beverage Control (ABC) license associated with a retail market use is permitted in the District Center designation. • 2. The decision of the Zoning Administrator denying Conditional Use Permit No. 2001-03 is hereby overturned. 3. Mitigated Negative Declaration for Environmental Review No. 01-10 is hereby approved and adopted. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), it has been determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. 4. Conditional Use Permit No. 2001-03 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this ~.~ day of Lune, 2001 by the following vote: AYES: Commissioners: 6 Cribb, Doughty, Leo, Mondo, Nalle, Verino NOES: Commissioners: 0 ABSENT: Commissioners: 1 Richardson ABSTENTIONS: Commissioners: 0 A' the Planning Commission APPROVED AS TO FORM: C 'stopher G. Norman Assistant City Attorney • RESOLUTION NO.O1-36 • JUNE 25, 2001 PAGE 1 OF 3 Conditions for Approval Conditional Use Permit No. 2001-03 when approved is 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 Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. Planning Division C~ 1. Comply with Site Plan Review, DP 00-90. 2. Replace landscaping in front setback (to be shown on Landscape working drawing submitted prior to building plan check and implemented prior to Occupancy). a. Trees: 6-24 inch box Canary Island Pines. b. Texas Privet hedge to be planted to screen parking lot. c. Plant material for existing planters to be Indian Hawthorn, daylilies and gazanias with two inches of shredded bark mulch. d. Annual color to be located in front of existing monument sign. e. Repair and replace sprinklers as needed. 3. Provide three shopping cart corrals in parking lot to be shown on building plans submitted to Building Plan Check and implemented prior to Occupancy. 4. Shopping carts for client use are building to be shown on Tenant submitted for Building Plan Check Occupancy. to be located within the Improvement floor plans and implemented prior to • ATTACHMENT A RESOLUTION NO.O1-36 • JUNE 25, 2001 PAGE 2 OF 3 5. Provide a perimeter control mechanism to prevent shopping carts from being removed from the property to be shown on Building plans submitted for Building Plan Check and implemented prior to Occupancy. 6. The display and storage of alcoholic beverages may not exceed five percent of the building floor area. The display and storage areas are to be shown on Tenant Improvement floor plans submitted for Building Plan Check and implemented prior to Occupancy. B. Police Department 1. No alcohol 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. 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. RESOLUTION NO.O1-36 JUNE 25, 2001 PAGE 3 OF 3 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. 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. 12. Wine and distilled spirits shall not be sold in bottles or containers smaller that 750 ml. Beer coolers, wine coolers or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 13. 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. 14. The existing building and parking lot 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. 15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Widow displays and racks must be kept to a maximum height of three feet including merchandise. 19. Install a silent armed robbery alarm. 20. The conditional use permit shall be reviewed 90 days, six months, at one year and then annually thereafter by the Police • Department for any modification to the conditions of approval.