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HomeMy WebLinkAbout20090325_2009-01_3600WMcFaddenAv• ROH - 3119/09 RESOLUTION NO. 2009-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-06 CONDITIONED FOR A TYPE 20 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. 2009- 06 to allow a Type 20 Alcoholic Beverage Control license for the off- premise sale of beer and wine at the property located at 3600 West McFadden Avenue. • B. Conditional Use Permit No. 2009-06 came before the Zoning Administrator of the City of Santa Ana for a public hearing on March 25, 2009. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for off-premise sale of beer and wine. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The Type 20 ABC license for Wal-Mart will add an additional service to the community by providing an additional product to the existing retail establishment. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. The Type 20 ABC license will provide patrons with the convenience of purchasing alcoholic beverages while purchasing other retail goods or awaiting other Wal-Mart • store services. Additionally, the inclusion of conditions of approval will help to ensure that the applicant operates the Resolution No. 2009-01 Page 1 of 6 • store in a manner that will minimize negative impacts for the neighboring residents and Police Department. 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 Type 20 ABC license will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2009- 06. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The sales of products at the retail establishment are targeted toward families and business professionals not typically associated with loitering or public intoxication, thus will not impact surrounding businesses and residential neighborhoods. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Wal-Mart is a major anchor tenant within the multi-tenant shopping center, which is suitable for the proposed use. • Wal-Mart is a viable business that will assist in the promotion of the leasing of the other tenant spaces within the project site, which increases the economic viability of the adjacent commercial area and neighboring residential developments. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As proposed, the Type 20 off-sale beer and wine liquor license will be in compliance with all applicable conditions imposed on an establishment selling liquor and Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license as well as other state and local regulations. 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 stores and ancillary uses such as off-premise beer and wine licenses are permitted within the General Commercial (GC) land use designation. The subject property is located within the North Harbor Specific Plan (SP2), which also allows for general commercial uses such as grocery and variety stores as permitted land uses. • E. In accordance ~•~~+n +ho r~rf.,~„~~ F^.vironmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Resolution No. 2009-01 Page 2 of 6 • Class 1 exemption allows the licensing of an existing use with no expansion. Categorical Exemption Environmental Review No. 2008-160 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2009-06 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the- abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated March 25, 2009, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of March, 2009. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~~ .f By._ Ryan Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on Marc 009. Date: ~ . -- Cle oning Administra City of Santa Ana • Resolution No. 2009-Ot Page 3 of 6 C Conditions for Approval for Conditional Use Permit No. 2009-06 Conditional Use Permit No. 2009-06 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 rip or 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. Any amendment to this conditional use permit must be submitted to the Planning Division for review. 2. The project shall remain in compliance with Site Plan Review (DP No. 08- 45). • 3. The shopping cart containment system must be maintained in operating condition at all times. 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. 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. • Exhibit A Page 1 of 3 Resolution No. 2009-01 Page 4 of 6 r L J r ~ LJ • 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. 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. Exhibit A Page 2 of 3 Resolution No. 2009-01 Page 5 of 6 r ~ ~_J r~ ~J • 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. 2009-01 Page 6 of 6