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HomeMy WebLinkAbout20120522_ZA2012-06_1441WMacArthurRole - a~~22~~ 2 RESOLUTION NO. 2012-06 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2012-07 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1441 WEST MACARTHUR BOULEVARD BE 1T 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. 2012-07 for a Type 20 Alcoholic Beverage Control license, Which allows the sale of beer and wine for off-premise consumption, for the property located at 1441 West MacArthur Boulevard. B. Conditional Use Permit No. 2012-07 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 22, 2x12. C. Santa Ana Municipal Cade Section 41-196 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 Municipa! Code Section 41-638, have not been established: 1. Will the proposed use provide a service ar facility which will contribute to the general well being of the neighborhood or community? The proposed project will not provide a service to the community since the new license would result in an overconcentration of ABC licenses in the area. The off- premise alcoholic beverage license has the potential to negatively impact the surrounding commercial and industrial uses, as we11 as residents in the adjacent areas. The established criterion was intended to Resolution No. 2x12-06 Page 1 of 4 protect the health and safety of 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 alcoholic beverage control license would be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the praposed market is located in an area that is average in police- reiated incidents and is located within Reporting District No. 130, which ranks 30th out of 102 citywide districts in total number of police-related incidents. 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. The addition of an alcohol sales establishment would contribute to the crime rate in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The praposed use would 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 Element of the General Plan which discourages making land use decisions based purely on fiscal considerations but also the qualitative implications that are associated. This new alcohol license's potential to increase nuisance crimes will adversely affect the economic stability of the surrounding properties. 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 one of the three criteria established for defining over-concentration. The Santa Ana Municipal Code defines the over- Resolution Na. 2012-06 Page 2 of 4 concentration 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. Although the subject property is not within 1,000 feet of a property used as a school primarily attended by minors, a church, or a park, it is located within 1,000 feet of another off-premise alcohol license and is in a location determined to be over-concentrated by the State. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will adversely affect the General Plan in several ways. 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.b of the Land Use Element of the General Plan which discourages projects that are not compatible with surrounding land uses and have the potentia! to negatively impact their quality of life. The project's proximity to multi-family residential properties to the north and west 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 Resolution No. 2012-06 Page 3 of 4 - ~~ ,. {E3 ~~ _ '~~ ~ ~ ~~ ~~€ : ~ ~ earl, -.~_ ~ ~~. erg the ` ~ ~~~ ~, '~ ~-. tom. _ , _ ~ ~~o~~:~ --~-~:- ,,. r ._ ~ - - y` ~~: PROOF 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 2"d Floor, Santa Ana, California 92702, I served the foregoingg document described as: Resolution No. 2012-06 Conditional Use Permit No. 2012-07 in this action y p acing a rue copy t ereo enc use ~n sea a enve opes a ressed as follows: Matt Sliwinski Barry Hammond 7-Eleven Inc. 22982 La Cadena, #211 19939 Conventry Lane Laguna Hills, CA 92653 Huntington Beach, CA 92646 Jeff Pence MCG MacArthur Corner LLC 1601 Dove, #145 Newport Beach, CA 92660 [ ] 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 June 13, 2012 at Santa Ana, California. JOCELYN~ PiG~1LQPd;~