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HomeMy WebLinkAbout20120410_ZA2012-04_3600WMcFaddenPROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2012-04 (Conditional Use Permit No. 2012-05) in this action by placing a true. copy thereof enclosed in sealed envelopes addressed as follows: Brent McManigal Gresham Savage Nolan & Tilden 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408 Tim Farrar Wal-Mart Real Estate Bus. Trust 702 SW 8t" Street Bentonville, AR 72716 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. JOCELYN MAGALONA ROH - 04/10/12 RESOLUTION NO. 2012-04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-05 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3600 WEST MCFADDEN AVENUE 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. 2012-05 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 3600 West McFadden Avenue. B. The applicant has filed an ABC License Action Request form with the ABC Agency requesting that their current Type 20 ABC license be cancelled upon the issuance of the Type 21 ABC license. This cancellation justifies voiding Conditional Use Permit No. 2009-06, which allowed the Type 20 ABC license on the property and would no longer be necessary or pertinent. C. Conditional Use Permit No. 2012-05 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 21, 2012. On March 21, 2012, the Zoning Administrator of the City of Santa Ana continued the matter to March 28, 2012. On March 28, 2012, the Zoning Administrator of the City of Santa Ana continued the matter to April 10, 2012. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. E. 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: Resolution No. 2012-04 Page 1 of 7 1. 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 provide an additional service and convenience to the community by allowing patrons the convenience of purchasing a variety of alcoholic beverages while purchasing other general merchandise or awaiting for other Wal-Mart store services. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to their current offerings of beer and wine, and the other items already offered in the store, Wal-Mart can better serve the community by providing added convenience and cone-stop shopping experience. 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 not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Wal-Mart is an established department store chain with established policies and procedures, including an employee training program focused on security and alcohol sales responsibility. These security and educational measures will ensure that beer, wine, and distilled spirits sales are handled in a responsible manner, increasing the customer convenience without increasing the number of service calls to the Police Department or adversely affecting residents or businesses in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an upgraded ABC license for the Wal- Mart will positively influence the present and future economic stability of the property by further diversifying the products and services offered and furthering the value of the store to the community as a destination for Resolution No. 2012-04 Page 2 of 7 one-stop shopping. As the major anchor tenant within the multi-tenant shopping center, its viability will assist in the promotion of the leasing of other tenant spaces within the project site and the surrounding commercial areas in general. 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 be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor licenses. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. F. 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. 2011-7 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2012- 05. With the approval of Conditional Use Permit No. 2012-05, the Zoning Administrator also approves voiding Conditional Use Permit No. 2009-06, which previously granted a Type 20 ABC license on the property. 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 21, 2012, and exhibits attached thereto; the Request for Zoning Administrator Action dated March Resolution No. 2012-04 Page 3 of 7 28, 2012, and exhibits attached thereto; the Request for Zoning Administrator Action dated April 10, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-04 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 10, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-04 Page 4 of 7 Conditions for Conditional Use Permit No. 2012-05 Conditional Use Permit No. 2012-05 is approved 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 California Building Standards 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2011-3. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The shopping cart containment system must be maintained in operating conditions at all times. 4. The existing Type 20 ABC license shall be cancelled upon the issuance of a Type 21 ABC license, and CUP 2009-06 shall be null and void upon the approval of CUP 2012-05. B. 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 any time. Exhibit A Resolution No. 2012-04 Page 1 of 3 Page 5 of 7 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. All graffiti shall be removed within 24 hours of occurrence. 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. 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 than 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 6:00 a.m. and 12:00 a.m., each day of the week. 14. The Police Department shall review the operation after 90 days, six months, one year, and annually thereafter for modification or violations of any of the conditions of approval. 15. Existing market and required parking 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. Exhibit A Resolution No. 2012-04 Page 2 of 3 Page 6 of 7 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 15 must be complied with. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. Exhibit A Page 3 of 3 Resolution No. 2012-04 Page 7 of 7