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HomeMy WebLinkAboutZA PULL PACKET 2013-04-17APRIL 17, 2013 City Hall Ross Annex, Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-28 (Vince Fregoso) (Continued by Zoning Administrator: March 6, 2013 to March 27, 2013; and March 27, 2013 to April 17, 2013) Filed by Michael Ayaz, to allow La Plaza Market to upgrade from a Type 20 to a Type 21 Alcohol Beverage Control (ABC) license for the off-premise sale and consumption of beer, wine and distilled spirits at 425 North Euclid Street located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 22, 2013 PUBLICLY NOTICED: February 21, 2013 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2012-28. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING __ _r_ t _. - ~+~ .- _ ~ U~C~;~llf] 9~~' per _~c~ ~i~ ,~S¢:~~$gyl~~j ~~ ~1%~i~611~+;~ ~. ._ ~ ... ~~' {.:. . ___ .gym` ... - ~~ ~~ ~ ~.: ~+da ~'i~,-cif ~f~d ~ N~;~~Z~~~~ h~~~- tie ape ~~e~ a c~~~n~e #~ ~~ s~:t ,~#~ #a ~~ ~ '~r~ i~ ~€~~, ~~#~ ~~'tg~ ~t~~~trr elacte~ t~ro~ ~~.5lic~~ ~ recetu~~c: ~fr ~ ;~: A~ ~ ~ea~~; ~# ~v~s t~#i~~: ~# ~ ~ was ;fig di~~ ,fie. ~ ~~ ~~ ~~ ~t~x ~#~'~ r~c~m~~~e~~~ot~ a ~ ~~' s~~~~ _: t~r,~or~r~~~ [`~~e~1~ ih' ~~ ~~`~a, ~ ~ #h~ ap~an~ has re~re~:t~d #(e #a~ ~~~~~~ c~dL#i~~k~ ~3~~.~~€~~~,~ ct;~,, ~e~~~t~~iy i! ~ sue. ~~~ rr~~r F~#`; tie _ti~~ ~ c' ~t~, t~. was t ~ curd t a~+ ~ ~+~ .r: _ ,. ~ . _, upa ~#i ~ ~'~ ~4t~a~i~ vera~+~ ''~C~t~rol (B~~ Ilse t~ ~ ~~~ 21 ~ I%e~n rei~~ ~ a~n~ ~~_ of .beer, ~ aid ~ ~~ ~~ ': r~i~et'. ~s#a~~e~a#s ~#, se~'1 a~~ ~e~~a~es re . ~~~~~~~ ...._~ _:_ _ ~~~:, ~;e~r ~~ ~ ~ ~c~f a ~~~~~ ~3~ ~ . ~ ~c (~~~y fit C.~~ lazy ' ` ~ ~" Conditional Use Permit No. 2012-28 April 17, 2013 Page 2 The building contains two tenants: I-a Plaza Market, which is 4,961 square feet in size, and a 1,$04 square foot restaurant. A total of 40 on-site parking spaces are provided for the two uses. The site is surrounded by commercial and residential uses to the north, south, east and west (Exhibits 1 and 2}. Project Description La Plaza Market is requesting approval to upgrade an existing Type 20 ABC license, which permits the off-premise sale of beer and wine, to a Type 21 license to allow the sale of distilled spirits at the marke#. The La Plaza Market serves as amini-supermarket to the surrounding residents and individuals wha work in the community and sells a variety of goods and products such as baked goads, fresh meats, groceries, #resh fruits and household goods. To further enhance the market, the applicant is proposing to upgrade the existing ABC license in an effort to provide distilled spirits to its clientele. The hours of operation for the market are 7:00 a.m. to 11;00 p.m., Sunday through Thursday and from 7:00 a.m. to 12:00 a.m. midnight on Friday and Saturday. The total square footage dedicated to alcoholic beverage storage and display will be approximately 165 square feet, representing approximately 3.5 percent of the total gross floor area of the market. Alcohol will be stored within 11 doors (sections) of a 21-section cooler and within a small display area behind the sales counter. The subject site is considered to be a legal nonconforming site since it does not comply with numerous provisions of the Community Commercial (C-1) zoning district. To address this issue, the applicant is proposing to make improvements to the site that will bring the site into closer compliance with the zoning code. These improvements include the installation of a 15 foot wide landscaped setback along Euclid Street, an eight foot wide landscaped setback along Fifth Street, new landscaped planters in the parking lot, the removal of a 25-foot high pole sign, the removal of two exterior payphones, the removal of unpermitted exterior signage on the building, and the repaving and restriping of the parking lot (Exhibits 3 and 4). Project Back round The subject site has been occupied by several market uses since at least 1964. Approval for the existing Type 20 ABC license, which allowed the sale of beer and wine at this location, was granted in 1983 by Minor Exception No. 1983-48. La Plaza Market received all necessary permits and approvals to operate at this location in April 1992. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide accessible commercial development throughout the City and serve the commercial needs of adjacent residential uses. These districts also provide important neighborhood facilities and services such as this market. The project site is consistent with this General Plan land use designation. Conditional Use Permit No. 2012-28 April 17, 2013 Page 3 The zoning #or the site is Community Commercial {G1). The Community Commercial zoning district allows for retail and service uses such as the existing market, making the proposed use consistent with the zoning code. Pro'ect Anal sis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant denial of the conditional use permit. La Plaza Market is requesting approval to upgrade an existing Type 20 Alcoholic Beverage Control license to a Type 21 ABC license, thereby allowing the market the ability to sell distilled spirits in addition to the sale of beer and wine currently available. The standards that are applied to these types of licenses are found in Section 41-132 of the Santa Ana Municipal Code (SAMC), which discusses the overconcentration of alcohol licenses. This code section defines overconcentration of alcoholic licenses as having another off-sale licensed establishment within 1,000 feet of the subject property, or within 1,000 feet of any property used as a school attended by minors, a church or park purposes. Additionally, this code section references the State of California's overconcentration determination, which defines overconcentration as an excess number of alcohol licenses within a census tract. Conditional Use Permit No. 2012-28 April 17, 2013 Page 4 It has been determined that La Plaza Market is located in an area that is over concentrated by City standards. Although there are no similarly licensed business within 1,000 feet of the subject site, with Archie's Corner Market at 4502 Westminster Avenue the closest at approximately 3,900 feet from the subject site, it has been determined that a small community church is located in the area. Silver Acres community church is located at 5218 West Silver ^rive, which is less than 1,000 feet from the subject site. Even though there are no similar licensed establishments within 1,000 feet of the market, and the applicant will be making improvements to the site to bring it closer into compliance with the commercial development standards, staff is recommending denial of the ABC license upgrade due to the markets proximity to a church. The proposed upgrade to a Type 21 alcohol beverage control license will not provide a service to the residents and employees of the surrounding community. As beer and wine are currently being sold on the premises, allowing them the ability to sell distilled spirits may adversely affect the community by introducing an additional element (hard liquor) that will contribute to an increase in nuisance crimes that impact the surrounding community. Additionally, it is unlikely that appropriate conditions can be placed on the ABC license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the off-sale consumption of beer, wine and distilled spirits at this location may be detrimental to persons residing or working in the vicinity because the introduction of distilled spirits at the market may create additional negative or adverse impacts such as drunkenness in public, loitering and other nuisance crimes that will affect the surrounding residences. Additionally, it has been determined that a community church is located approximately 210 feet from the La Plaza Market. As churches are identified as sensitive land uses per Section 41-132 of the Santa Ana Municipal Code {SAMC), an overconcentration of alcohol license is occurring on the premises. As a result, the ABC license upgrade will be detrimental to persons in the vicinity. The proposed use may adversely affect the economic stability of the area as additional crime caused by the sale of hard liquor and other distilled spirits will negatively affect property values of the residences in the area as well as deter new investment by businesses in the area. • As conditioned, the proposed Type 21 ABC license will not be in compliance with all applicable regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The project is not in compliance with SAMC Section 41-132 as the site is considered to be overconcentrated due to a community church being located within 9,000 feet of the site. The proposed use will adversely affect the General Plan. Goal 2 of the Land Use Element encourages uses which enhance the City's economic and fiscal viability, Policy 2,2 encourages land uses that accommodate the City's needs for goods and services and Policy 2.5 promotes the balance of the economic and fiscal benefits of commercial development with its impacts on the quality of life. The sale of distilled spirits will increase crime in the area, which is contrary to these goals and policies. Conditional Use Permit No. 2012-28 Apri! 17, 2013 Page 5 Police ©epartment Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life, impact police resources in the area, and aggravate existing conditions. Several factors were considered when reviewing this application, including overconcentration of ABC licenses, the crime rate of the area and the sites proximity to sensitive land uses. The results of the Police Department's analysis are as follows. SAMC Subsection 41-132{1} defines overconcentration as any off-sale premises that are within 1,000 feet of another off-sale license. There are no other off sale licenses within 1,000 feet of the proposed location. It also defines overconcentration as any off-premise license within 1,000 feet of any property used as a school primarily attended by minors, far a church or for park purposes. There is one church within 1,000 feet of the proposed off-sale license, the Silver Acres Community Church located at 5218 West Silver Drive. SAMC Subsection 41-132{3) also defines overconcentration as any location that has been determined to be over concentrated by the State of California. This census tract is not over concentrated by the State's standards. The crime rate of the area was also analyzed for potential impacts to the community. The Police Department has determined that this property is located in Reporting District No. 25, which is considered average in police-related incidents based on standards established under the State Business and Professions Cade {Section 23958.4). Although the site is located in an average crime area, the crime rate of the reporting district could be impacted due to the upgrade of the ABC license. Finally, the site is located within 100 feet of residential dwellings, which are considered to be sensitive land uses. These residences could potentially see an increase in nuisance types of incidents if this license upgrade is approved. As a result, the Police Department recommends unconditional denial of this application based on the City's overconcentration standards. The approval of an off-sale outlet may aggravate existing conditions in the area and negatively impact the community because of the close proximity of the sensitive land use and residences. Public Notification The project site is located within the boundaries of the Riverview West Neighborhood Association. Staff, the applicant and the business owners attended an association meeting on January 15, 2013 to provide the neighborhood with an overview of the applicant's request. 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MLiItiLEDB+131YMUl.TIRE C1 Ot~E.hNtFffiYWf.1h19+r1AL M2 F64Vt'lIVOt}STf7AL FAM#LY1~3D9~CE Cl~MD Q?MM1A.CrJhlMf3?.7Af1MLt~6JtdDISIHCT MO M1IJTAT2lOFF~SIICNS fil 3k7.A'SANAT3~i(R.ik?TIS a a~~ra+.+.oCMMarxa.L o ol~{s~ f~ t~oe~rw-s~1E G3 CJ3~1Tii416119M~ P H37RESy0HA1. ~ SFFCiFlCDE1+a0Ffl8'ff C3A CtN11i41HU5~aiAlifl5€VlLiAGE E~ RPND!®OOMMIR~ffTYDEVaQPMJ3+fT ~ ~]FICRAN C! FiANN®ffiCPF1NGC131TH2 Ffa HMV+I~FESDFN'fW.bHh~.OF}r1A~IT CS AR7SdAL.pptYU„IE}~,41. CUP 2012-28 ~ LA PLAZA MARKET ~, ~.a'~r•, 425 NORTH EUCLID STREET - - =soo!~r 1" = 10D0{~f P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP RESIDENTIAL ROOSEVELT STREET RE ID NTI L RE51DE TIAL RE IDE TIA 6TH STREET H ~ RE IDk= TIA SILVER DRIVE a RESIDE TIAL ~ V1 CULTURAL CLiJTLR R S. 5TH STREET 5TH STREET COMM. ' PROJECT', RESID NTI L ES DE TI L SITE I»S DE TI L VAC. 4TH STREET R SID NT AL ~ ~ ~ COMMERCIAL U RE ID NTIAL ~ ~ w ~uP zo~z-2s LA PLAZA MARKET ~j ~, ` 425 NORTH EUCLID STREET ~ P L A N N[ N G A N D B U I L D k N G A G E N{ Y LAND USE MAP EXHIBIT 2 R SI EN IA RE ID IVT AL ~ V R SI EiV IAL CHURCH RES. R SID EN IAL COMM. ,N v ~ ~ ~ a ~ ~ ~ ~ ~ ~~~~~~ O lAt N O O a a . ~y C F 41 LL1 0.' F 2 133~i1S ~Il3Fl3 EXHIBIT 3 ~OZ~ ~~'~ x ~~ ~~ ~~ ~ -i R O Z ill W iU ~~ ~ ~ ~ _ d .1 f 6 ~ e 68 ours enm'a crest roao~w ~~ Q O Y N v N C N t U N U X O W W J J iD ~{ ~ N CY Z ~~ ~~jf ~ ~ tiR~ ~ ~' 111 ~fi~l aa~~`~rr N6 JYOi ~'~ P9lU P9 dJl •~~ o sxin~ ~ 3 ~~ rw/~Ir /m Q N Z O ?~ iAA J Lil ~_ - ~~ ^~ O 2 a_ K 6_ fi A C F <Y O Z Z O Q ..J !Y ~~ 0 }... }~ } Z Q J EL E!'_ O_ ac ~18 O EXHIBIT 4 ROH - 04/17/13 RESOLUTION NO. 2013-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2012-28 TO UPGRADE A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE TO A TYPE 21 LICENSE FOR THE PROPERTY LOCATED AT 425 NORTH EUCLID 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. The applicant is requesting approval of Conditional Use Permit No. 2012-28 for a Type 21 Alcoholic Beverage Control license, which allows the sale of beer, wine, and distilled spirits for off-premise consumption, for the property located at 425 North Euclid Street. B. Conditional Use Permit No. 2012-28 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 6, 2013. At that time, the Zoning Administrator continued the matter for a further hearing on March 27, 2013. At that time, the Zoning Administrator continued the matter for a further hearing on April 17, 2013. C. Santa Ana Municipal Code Section 41-195 requires a conditional use permit for the sale of alcoholic beverages. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: Wi11 the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed upgrade to a Type 21 alcohol beverage control license will not provide a service to the residents and employees of the surrounding community. As beer and wine are currently being sold on the premises, Resolution No. 2013-XX Page 1 of 4 allowing them the ability to sell distilled spirits may adversely affect the community by introducing an additional element (hard liquor} that will contribute to an increase in nuisance crimes that impact the surrounding community. Additionally, it is unlikely that appropriate conditions can be placed an the ABC license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding 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 license for the off-sale consumption of beer, wine and distilled spirits at this location may be detrimental to persons residing or working in the vicinity because the introduction of distilled spirits at the market may create additional negative or adverse impacts such as drunkenness in public, loitering and other nuisance crimes that will affect the surrounding residences. Additionally, it has been determined that a community church is located approximately 210 feet from the La Plaza Market. As churches are identified as sensitive land uses per Section 41-132 of the Santa Ana Municipal Code (SAMC), an overconcentration of alcohol license is occurring on the premises. As a result, the ABC license upgrade will be detrimental to persons in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use may adversely affect the economic stability of the area as additional crime caused by the sale of hard liquor and other distilled spirits will negatively affect property values of the residences in the area as well as deter new investment by businesses in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? As conditioned, the proposed Type 21 ABC license will not be in compliance with all applicable Resolution iVo. 2013-XX Page 2 of 4 regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The project is not in compliance with SAMC Section 41-132 as the site is considered to be overconcentrated due to a community church being located within 1,000 feet of the site. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will adversely affect the General Plan. Goal 2 of the Land Use Element encourages uses which enhance the City's economic and fiscal viability, Policy 2.2 encourages land uses that accommodate the City's needs for goads and services and Policy 2.5 promotes the balance of the economic and fiscal benefits of commercial development with its impacts on the quality of life. The sale of distilled spirits will increase crime in the area, which is contrary to these goals and policies. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012-26 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2012-28. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated March 6, 2013, and exhibits attached thereto; the Request for Zoning Administrator Action dated March 27, 2013, and exhibits attached thereto; the Request for Zoning Administrator Action dated April 17, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2013-XX Page 3 of ~ ADOPTED this 17th day of April, 2013. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvafho, City Attorney 13v: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINAhITY I, JOCEhYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2013-XX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 17, 2013. Date: Clerk of the Zoning Administratar City of Santa Ana Resalufion IVo. 2013-XX Page 4 of 4