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HomeMy WebLinkAbout2000-01RESOLUTIONNO.00- of A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 99-13 WHICH ALLOWS A TYPE 20 ALCOHOL BEVERAGE CONTROL LICENSE FOR OFF-PREMISE CONSUMPTION OF ALCOHOL AT LA RIOJA MARKET, LOCATED AT 2725 NORTH BRISTOL STREET WHEREAS, Conditional Use Permit No. 99-13 came before the Planning Commission for a public hearing on June 28, 1999, to allow a Type 20 Alcohol Beverage Control ("ABC") license for off-premise consumption of alcohol at La Rioja Market, located 2725 North Bristol Street, Santa Ana; and WHEREAS, following said public hearing, the Planning Commission determined to approve Conditional Use Permit No. 99-13, subject to conditions, based on the findings; and WHEREAS, Conditional Use Permit No. 99-13 came before the Planning Commission for modification of conditions at a public hearing on January 10, 2000; and WHEREAS, following said hearing, the Planning Commission modified Conditional Use Permit No. 99-13, subj ect to revised conditions, based on the findings. 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 abovesaid 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? The La Rioja Ranch Market is one of a limited number of full service markets that serve the City's northwest residential neighborhoods. The proposed Type 20 ABC license will allow residents the convenience of purchasing beer and wine along with other food products in a supermarket atmosphere. Although there are three other alcoholic beverage outlets in the area, amini-market, gas-station and a liquor store, there are no other full service supermarkets in the immediate vicinity. Moreover, the sale of beer and wine at the La Rioj a Ranch Market is considered ancillary to the primary market use. 1 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 Police Department reports the area is average in police related incidents. The proposed ABC license for off-premise sale is associated with a full service grocery store. Staff anticipates the proposed CUP conditions of approval will reduce the potential for loitering and nuisance activity in the surrounding area. These conditions include but are not limited, no signs advertising alcoholic beverages directly visible to the public, limiting the sale of beer to multiple bottle packs rather than individual bottles, and the prohibition of video or arcade games on the premise. The Police Department will also monitor the site annually after the initial six month review following the CUP approval to ensure the conditions mitigate any impacts. C. Will the proposed use adversely affect the present economic stability of future economic development of the property in the surrounding area? An ABC license to allow the sale of beer and wine will provide a convenience to the La Rioja Ranch Market customers thus encouraging patronage of the neighborhood full service market by the City's northwest residents. A viable market will also attract other neighborhood serving retail establishments to locate within the center. The CUP conditions of approval will reduce the potential impacts of loitering, litter and graffiti within the immediate area and will be reviewed to ensure all impacts are sufficiently mitigated. D. Will the propose use comply with the regulations and conditions specified in this chapter of the Santa Ana Municipal Code for such a use? The La Rioja Ranch Market will comply with Santa Ana Municipal Code Chapter 41 regulations and conditions. E. Will the proposed use adversely affect the General Plan of the City? The proposed use for off-premise ABC license, ancillary to a retail market, is permitted in the General Commercial designation. 2. Conditional Use Permit No. 99-13 is hereby approved, subjectto conditions. 2 ADOPTED this l0 day of January, 2000, by the following vote: AYES: Commissioners Verino, Mondo, Doughty, Solorio, Cribb, and Richardson NOES: Commissioners None ABSENT: Commissioners Nalle ABSTENTIONS: Commissioners None ATTEST: ~~ ~r-o~~ Kenneth Adams Planning Manager Planning and Building Agency VEDAS TO FORM: /~ Lynnette Verino Chairperson 3 RESOLUTION 00- 01 FEBRUARY 7, 2000 PAGE 1 OF 3 Conditional Use Permit 99-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manger, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire 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. Conditions for Approval A. Police Department 1. No alcoholic 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 anytime. 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. ATTACHMENT A RESOLUTION 00- o i FEBRUARY 7, 2000 PAGE 2 OF 3 7. The petitioner(s) shall post a placard prohibiting loitering 8. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises is in operation. l l +- ~ 1, -, ~ ~F.-. h .. 9 . ~1~-rsr~~~Pftes -r~-r.~-~ r-,-r- ~,T~xt a-=:~3 i-j,~ ~ ~^ r~ ~---Try taa^-,~-, r - - ~= - = - L - L - 3. ~-ceirsC~--$e-1-~-~~~~ a-zix-c~ _ ~ =' }mil i~3~-~e~---'0+~8-`3ti, -• irrez-cam--irn3- rr~_cir ~r~~~~e-i s--~-a~--p~e~o~,..~~~r~-ae~$o~ t-~ ~rre~r~-w~e~a=~~f-e-~e ~~~e-~-~e~---e~~e~~e~~-e-~-~~e~-~e~e~-ire-~r-b=y - -- - = a _ r .~ s _ (Modified by the Planning Commission January 10, 2000). 10. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "Dinner Wines," which have been aged two years or more and maintained in corked bottles. 11. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 12. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacture pre-packaged multi-unit quantities. 13. Wine shall not be sold in bottles or containers smaller than 750 ml. and wine coolers or beer-coolers must be sold in manufacture pre-packaged multi-unit quantities. 14. The sales of alcoholic beverages shall be restricted to between the hours of 7:00 a.m. and 9:30 p.m., seven days a week. 15. The conditional use permit shall be reviewed and evaluated by the police Department and Planning Commission after 90 days, six-months, one-year and annually thereafter in order to determine compliance with the above conditions and/or any modifications of the above conditions. (Modified by the Planning Commission June 28, 1999). RESOLUTION 00- 01 FEBRUARY 7, 2000 PAGE 3 OF 3 16. The existing market and parking lot must conform with 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. 17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with.