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HomeMy WebLinkAbout2000-33• Kdo/1 /30/02 RESOLUTION NO. 2000-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 00-15 WHICH SOUGHT TO ALLOW A TYPE 20 ALCOHOL BEVERAGE CONTROL LICENSE FOR OFF- PREMISE CONSUMPTION OF ALCOHOL AT SUPER ANTOJITOS MEAT MARKET, LOCATED AT 2307 SOUTH BRISTOL 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. Conditional Use Permit No. 00-15 came before the Zoning Administrator for a public hearing on October 4, 2000, to allow a Type 20 Alcohol Beverage Control License for off-premise consumption of alcohol at Super Antojitos • Meat Market, located at 2307 South Bristol Street, Santa Ana. 1. Following the public hearing, and based upon the findings, the Zoning Administrator determined to deny Conditional Use Permit No. 00-15. 2. Following the denial by the Zoning Administrator, the applicant appealed the Zoning Administrator's decision to the Planning Commission (Appeal No. 00-08). B. The Planning Commission held a duly noticed public hearing on January 8, 2001, on the appeal of the Zoning Administrator's denial of Conditional Use Permit No. 01-15 (Appeal No. 00-08). C. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 99-173 will be filed for this project. D. The Planning Commission decision is based upon the following findings: Will the proposed use provide a service or facility that will contribute to the general well being of the neighborhood or the community? The proposed Type 20 Alcohol Beverage Control license will • not contribute to the general well being of the neighborhood or the community. The area is considered over- Resolution No. 2000-33 Page 1 of 3 • concentrated with three off-site sales locations and a park within 1,000 feet of the market having off-premise Alcoholic Beverage licenses serving the surrounding businesses and residential 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? The proposed Type 20 Alcohol Beverage Control license will be detrimental to the general welfare and safety of the surrounding businesses and residents. The Police Department reports the area is 23rd out of 102 Police Reporting Districts in the number of police related incidents. This district is above average in police related incidences. The additional alcohol beverage control license for off- premise sale and consumption may increase the opportunity for crime and neighborhood annoyances negatively impacting the multi-family residential developments north and east of the subject site, and the surrounding commercial uses. 3. .Will the proposed use adversely affect the present economic • stability or future economic development of properties surrounding the area? With the introduction of another Alcohol Beverage Control license that allows off-premise consumption, there is the possibility that loitering, litter, graffiti, and other nuance crimes may increase within the immediate area, potentially impacting the economic viability of the retail and residential areas. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed off-premise Alcohol Beverage Control license does meet the Santa Ana Municipal Code Section 41-132 definition of over-concentration. The Super Antojitos Meat Market is located within 1,000 of a park attended by minor children and three other off-premise license locations under 20,000 square feet. Since the license will be located in an area that is over concentrated, denying the conditional use permit will be consistent with the regulations and conditions specified in Santa Ana Municipal Code Chapter 41. • Resolution No. 2000-33 Page 2 of 3 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed ancillary use, an off-premise alcohol beverage control license associated with a retail market, is permitted use in the General Commercial designation. Section 2. The Planning Commission hereby denies Conditional Use Permit No. 00-15 (Appeal No. 00-08). ADOPTED this 8th day of January, 2001. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. Kylee dette Dep City Attorney AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) None (0) Richardson (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2001. Date: ~ tl ~ Fes,„. 'f a nmg C fission Secretary • Ci y of S Ana Resolution No. 2000-33 Page 3 of 3