HomeMy WebLinkAboutZA FULL PACKET 2013-03-27MARCH 27, 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
CONDITIONAL USE PERMIT NO. 2012-28 (Vince Fregoso)
(Continued by Zoning Administrator: March 6, 2013 to March 27, 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:
Continue to April 17, 2013.
2. CONDITIONAL USE PERMIT NO. 2013-04 (Ali Pezeshkpour)
Filed by Sherrie Olson, to allow Mercados Comercial Mexicana Inc., a conditional use permit for a
Type 20 Alcohol Beverage Control (ABC) license for the off-premise sale of beer and wine at 319
South Main Street, Unit A, located in the South Main Street Commercial (CSM) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: March 15, 2013
PUBLICLY NOTICED: March 14, 2013
RECOMMENDATION:
Adopt a resolution denying Conditional Use Permit No. 2013-04.
3. Public Comments
Adjournment
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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
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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
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ZONING ADMINISTRATOR
PUBLIC HEARING
REQUEST FOR
Zoning Administrator Action
ZONING ADMINISTRATOR MEETING DATE:
MARCH 27, 20'13
TITLE:
PUBLIC HEARING -- FILED BY SHERRIE OLSON
FOR CONDITIONAL USE PERMIT NO. 2013-04
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR MERCADOS COMERCIAL
MEXICANA AT 319 SOUTH MAIN STREET, UNIT A
Prepared by Ali Pezeshk
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing Eor
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning Manager
Adopt a resolution denying Conditional Use Permit No. 2013-04.
Request of Applicant
Sherrie ~Ison, on behalf of Mercados Comercial Mexicana, lnc., is requesting approval of a
conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license for the off-premise
sale of beer and wine at 319 South Main Street, Unit A. Establishments that sell alcoholic
beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana
Municipal Code (SAMC).
Project Location and Site Description
The retail market will be located within an existing tenant suite in the small commercial center at
the northeast corner of South Main Street and East Chestnut Avenue. The 15,847-square foot site
contains two buildings; building one contains 3,280 square feet and building two contains 2,920
square feet. The proposed market will be located in building one, with entrances facing South
Main Street and East Chestnut Avenue. The tenant suite is 1,650 square feet in size;
improvements are underway #or the proposed store,
Previous uses at the site have included a mixture of automotive services, including repair, stereo,
and mechanic establishments. Another retail establishment, SA Mommy & Kids, operates in the
same building in Unit D. The center has nine parking spaces. The site is surrounded by
commercial uses to the west and south, and residential uses to the north, east and south (Exhibits 1
and 2).
Project Description
Mercados Comercial Mexicana is a locally-owned market currently carrying out tenant
improvements to operate. Many of these improvements have been done without permits; further
detail is provided in the Project Background section, below. The establishment proposes to
obtain a Type 20 off-premise general license for the sale of beer and wine to the public.
Conditional Use Permit No. 2013-04
March 27, 2013
Page 2
The project seeks to store and display alcohol inside acold-case display in accordance with Police
Department regulations. The store shelf and cold-case displays containing the alcohol will be
towards the rear of the store. The storage and display area will be 11-feet, 3-inches by 7-feet, fl-
inches in size, for a total of 81 square feet, representing 4.9 percent of the store's gross floor area.
The store's proposed hours of operation are 7:00 a.m. to 10:00 p.m. Sunday to Thursday and
7:00 a.m. to 12:00 midnight Friday and Saturday (Exhibits 3 and 4).
Proiect Background
The structure on the subject site was originally constructed in 1983 as an auto service building,
housing a variety of automotive-related uses. These uses have continued at the site, except in Unit
D, where a Women, Infants, and Children (WIC)-only grocery store opened in 2010.
The retail market that is subject of this application seeks to occupy units A and B. In December
2012, permits were issued for new roof-mounted air conditioning units above the tenant suites.
Following this permit, work was done without permits on the exterior and interior of these units in
conjunction with the new use. This work includes exterior windows, glazing, entrances, and interior
electrical upgrades and materials. As a result, the Community Preservation Division is pursuing
code enforcement action against the property owner to ensure that all site and building
improvements are permitted and meet the provisions of the State's and City's codes.
Mercados Comercial Mexicana is a local market that proposes to sell a variety of items commonly
found at other convenience stares, including produce, meats and dairy. The Type 20 ABC license
would permit the sale of beer and wine at the store far off-site consumption. The owners of the
market currently own and operate SA Mommy & Kids, found in Unit D on the same site, which is a
WIC-only grocery store. The owners of Mercado Comercial Mexicana propose to close SA Mommy
& Kids when the new establishment opens. The proposed store would be this operator's first
location in Santa Ana.
General Plan and Zonin Consistent
The parcel is located within the South Main Street Commercial (CSM) zoning district. CSM
zones allow for retail and service uses such as the Mercados Comercial Mexicana store, making
the proposed use consistent with the zoning code.
The General Plan land use designation for the site is General Commercial (GC). Such land use
designations are designed to provide retail-oriented uses along the City's commercial corridors, and
to accommodate major development activity. The project site is consistent with this General Plan
land use designation. However, the resulting over-concentration from the proposed alcohol
license is inconsistent with multiple policies of the Land Use and Economic Development element
of the General Plan. These include: Land Use Element Policy 2.9, which supports developments
Conditional Use Permit No. 2013-04
March 27, 2013
Page 3
that create a safe and attractive business environment; Economic Development Element Policy
4.5, which discourages making land use decisions based purely on fiscal considerations; and Land
Use Element Policies 5.1 and 5.5, which discourage projects that are not compatible with
surrounding land uses and have the potential to negatively impact quality of life. Further details are
provided in the Project Analysis and Findings of Fact sections, below.
Project Anaiysis
The Santa Ana Municipal Code regulates over-concentration of alcohol licenses for smaller markets
and similar establishments. At 1,665 square feet in size, this application is subject to Section 41-
132 of the SAMC, which regulates off-site sale alcohol licenses for markets less than 20,000 square
feet in size. The location is considered over-concentrated per this code section i# it meets any of the
following three criteria: the premise is located within 1,000 feet of another existing establishment
with an off-site sale license, excluding markets over 20,000 square feet; the premise is located
within 1,000 feet of any property used as a school primarily attended by minors, a church or a park;
or the premise is in a location determined to be over-concentrated by the State Department of
Alcoholic Beverage Control. After a thorough review of the surrounding land uses, it was
determined that the subject property meets the three criteria necessary to be considered over-
concentrated per the SAMC.
First, this store is within 1,000 feet of two off-sale outlets already in operation. 1t is located
approximately 984 feet from Main Street Liquor at 630 South Main Street and 901 feet from
R Ranch Market, which currently holds but does not use an off-sale license. Next, the market is
located within 1,000 feet of a church; EI Camino Truth and Life church is located 697 feet from
the store. Finally, the market is located within a census tract that would be determined to be
over-concentrated by the State of California because there are five existing licenses in the
census tract; five is the maximum number of active licenses allowed for this census tract.
Table 1 below provides details of the five licensed establishments.
Table 1
Store Location T pe
Fairview Li uor 619 West McFadden T e 21
R Ranch Market 631 South Main T e 20
North ate Market 1010 South Main T e 21
Main Street Li uor 630 South Main T e 21
Van Ness Market 601 South Van Ness T e 20
Type 20 -beer and wine for consumption off-site
Type 21 -beer, wine and distilled spirits far consumption off-site
Canditionai Use Permit No. 2013-04
March 27, 2013
Page 4
Applications for similar conditional use permits for stores under 20,D00 square feet in aver-
concentrated locations have been reviewed by staff in the past and were subject to the City`s
overconcentration standards. For example, in 2009, K&S Food Store applied for a conditional use
permit to allow a Type 21 ABC license far the off-premise sale of beer, wine, and distilled spirits.
Following a presentation by staff, the Zoning Administrator adopted a resolution denying Conditional
Use Permit No. 2009-16. This decision was based on findings that the location met two out of three
of the City's criteria for overconcentration: the location was over concentrated with alcohol licenses
and was within 1,000 feet of other sensitive land uses.
Conditional use permit requests are governed by Section 41-638 of the SAMC. Canditionai use
permits 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 affec# 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 folbwing
findings of fact warrant denial of the conditional use permit.
The proposed alcoholic beverage control {ABC) license wil! not provide a service or facility
which will contribute to the general well-being of the neighborhood or community. Approving
an additional off-site retail license would render the location over-concentrated per City
standards as the location is within 1,000 feet of another active off-site retail license and within
1,000 feet of a sensitive land use. Moreover, approving an additional off-site license would
render the location over-concentrated per State standards, bringing the total number of
licenses to seven. This over-concentration of establishments could have detrimental effects
on the surrounding area.
Conditional Use Permit No. 2013-0~
March 27, 2013
Page 5
The proposed ABC license will be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity. The Police Department has determined that the
proposed market is located in an area that is above-average in police-related incidents and is
located within Reporting District No. 186, which ranks 1Sf out of 102 citywide districts in total
number of police-related incidents. Alcohol is a contributing #actor in crimes, such as drunk
driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and
other nuisance type of offenses. The addition of an alcohol sales establishment at a site that
15 located in an area with above-average crime rates would create the potential for an
increase in calls for service andlor the crime rate of the area.
The proposed use will adversely affect the present economic stability or future economic
development of properties surrounding the area. The denial of this application would support
Policy 4.5 of the Economic Development Element of the General Plan. This policy
discourages making land use decisions based purely on fiscal considerations and stresses
the importance of the qualitative implications that are associated with new uses. The
proliferation of alcohol licenses in a concentrated area is correlated with increases in nuisance
crimes. Approving an additional ABC license at the location creates the potential to increase
calls for service and nuisance crimes that will adversely affect the economic stability of the
surrounding properties.
• The proposed alcohol license will not be in compliance with all applicable conditions of
Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license
since this location meets all three criteria es#ablished for defining over-concentration. The
Santa Ana Municipal Code defines the overconcentration of alcohol licenses as a site tha#
meets any one of the following criteria:
The premise is located within 1,000 feet of anather existing off-premise license location
excluding markets over 20,000 square feet;
2, The premise is boated within 1,000 feet of any property used as a school primarily attended
by minors, a church or a park;
3. The premise is determined to be over-concentrated by the State Department of Alcoholic
Beverage Control.
The subject property is within 1,000 feet of a property used as a church, it is located within
1,000 feet of another existing off-premise license location under 20,000 square feet in size,
and it is in a census tract determined to be over-concentrated by the State.
Conditional Use Permit No. 2013-04
March 27, 2013
Page 6
• The proposed alcohol license will adversely affect the goals stated in the General Plan. The
new alcohol license will be inconsistent with Policy 2.9 of the Land Use Element which supports
developments that create a business environment that is safe and attractive. The alcohol
license increases the potential for nuisance crimes such as loitering, disturbing the peace,
graffiti and other crimes that impact surrounding businesses and residential neighborhoods.
The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use
Element of the General Plan which discourages projects that are not compatible with
surrounding land uses and have the potential to negatively impact their quality of life. The
project's proximity to single- multi-family residential properties to the north and east further
supports the denial of this application.
Over-concentration criteria were established by the City Council to maintain a balance between the
sale of alcoholic beverages and the health and sa#ety of the surrounding community. Based on
those criteria and the project's incompatibility with several polices of the General Plan, staff
recommends the denial of Conditional Use Permit 2013-04.
Police Department Anaivsis
The Police Department reviews conditional use permit (CUP) applications for the sale of alcoholic
beverages based on studies that show a strong correlation between the availability of alcohol and
increased crime, It has been determined that the project's location at 319 South Main Street is in
an area with above-average police incidents, ranking 1ST out of 902 citywide districts in total
number of police-related incidents.
The proposed project is subject to Santa Ana Municipal Code (SAMC) Section 41-132(1) which
defines over-concentration as any off-sale premises that are within 1,000 feet of another off-sale
license. if approved, the site would be over-concentrated due to the other active licenses within
1,000 feet, described earlier. Next, the market is located within 1,000 feet of a church; EI Camino
Truth and Life church is located 697 feet from the store. Moreover, the proposed location is
within 100 feet of both single-family and multi-family dwellings that may see an increase in
nuisance types of incidents if this license is approved. Finally, if approved, the license would
result trigger State overconcentration; five licenses are permitted in the project location's census
tract, and five currently exist.
Due to over-concentration issues, proximity to multi-family residential developments, and
concerns with crime that could result from an aver-concentration of licenses, the Police
Department's policy is to recommend denial of applications such as these in order to provide
consistency of analysis.
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EXHIBIT 4
ROH - 03/27/13
RESOLUTION NO.2013-xx
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA DENYING
CONDITIONAL USE PERMIT NO. 20'13-04 FOR A
TYPE 20 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR THE PROPERTY LOCATED AT 319
SOUTH MAIN STREET, UN1T A
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.
2013-04 for a Type 20 Alcoholic Beverage Control license, which
allows the sale of beer and wine for ofl:-premise consumption, for the
property located at 319 South Main Street, Unit A.
B. Conditional Use Permit
Administrator of the City
hearing on March 27, 2013
No. 2013-04 came before the Zoning
of Santa Ana for a duly noticed public
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages.
D. The Zoning Administrator determines that the fallowing findings,
which must be established in order to grant a Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, 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 alcoholic beverage control (ABC) license
will not provide a service or facility which will contribute
to the general well-being of the neighborhood or
community. Approving an additional off-site retail
license would render the location over-concentrated per
City standards as the location is within 1,000 feet of
another active off-site retail license and within 1,000
feet of a sensitive land use. Moreover, approving an
Reso(ufion No. 2013-xx
Page 1 of 5
additional off-site license would render the location
over-concentrated per State standards, bringing the
total number of licenses to seven. This over-
concentration of establishments could have detrimental
effects on the surrounding area.
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 will be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity. The Police Department has
determined that the proposed market is located in an
area that is above-average in police-related incidents
and is located within Reporting District No. 186, which
ranks 1st out of 102 citywide districts in total number of
police-related incidents. 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. The
addition of an alcohol sales establishment at a site that
is located in an area with above-average crime rates
would create the potential for an increase in calls for
service andlor the crime rate of the area.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed use will adversely affect the present
economic stability or future economic development of
properties surrounding the area. The denial of this
application would support Policy 4.5 of the Economic
Development Element of the General Plan. This policy
discourages making land use decisions based purely
on fiscal considerations and stresses the importance of
the qualitative implications that are associated with new
uses. The proliferation of alcohol licenses in a
concentrated area is correlated with increases in
nuisance crimes. Approving an additional ABC license
at the location creates the potential to increase calls for
service and nuisance crimes that wil! adversely affect
the economic stability of the surrounding properties.
Resolution No. 2013-xx
Page 2 of 5
4. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 of the S.A.M.C. for such
use?
The proposed alcohol license will not be in compliance
with all applicable conditions of Chapter 41 of the Santa
Ana Municipal Code regarding off-premise general
liquor license since this location meets ail three criteria
established for defining over-concentration. The Santa
Ana Municipal Code defines fhe overconcentration of
alcohol licenses as a site that meets any one of the
following criteria:
The premise is located within 1,000 feet of
another existing off-premise license location;
2. The premise is located within 1,000 feet of any
property used as a school primarily attended by
minors, a church or a park;
3. The premise is determined to be over-
concentrated by the State Department of
Alcoholic Beverage Control.
The subject property is within 1,000 feet of a property
used as a church, it is located within 1,000 feet of
another existing off-premise license location under
20,000 square feet in size, and it is in a census tract
determined to be over-concentrated by the State.
5. Will the proposed use adversely affect the General Plan or any
specific plan of fhe City?
The proposed alcohol license will adversely affect the
goals stated General Plan. The new alcohol license will
be inconsistent with Policy 2.9 of the Land Use Element
which supports developments that create a business
environment that is safe and attractive. The alcohol
license increases the potential for nuisance crimes
such as loitering, disturbing the peace, graffiti and outer
crimes that impact surrounding businesses and
residential neighborhoods. The granting of this
application is also inconsistent with Policies 5.1 and 5.5
of the Land Use Element of the General Plan which
discourages projects that are not compatible with
surrounding land uses and have the potential to
negatively impact their quality of life. The project's
Resolution No. 2013-xx
Page 3 of 5
proximity to single- multi-family residential properties to
the north and east further supports the denial of this
application.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption applying to projects
that have no possibility of having a significant impact on the
environment. Categorical Exemption Environmental Review No.
2013-13 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. 2013-04.
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 27, 2013, and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 27th day of March, 2013.
Sergio Klotz
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
i3v:
Ryan O. Hodge
Assistant Ciky Attorney
Resolution No. 2013-xx
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN 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 March 27, 2013.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2013-xx
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