HomeMy WebLinkAbout31A - CUP - 1441 W MACARTHUR BLVDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -39 TO
ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 1441 WEST MACARTHUR
BOULEVARD, UNIT D - MICHAEL CHO,
APPLICANT
CITY MANAGEIV
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 5I Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013 -39 as conditioned.
PLANNING COMMISSION ACTION
On November 12, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2013 -39 as conditioned and issued a Public Convenience and Necessity (PCN)
Letter due to overconcentration by a vote of 6:0 (Yrarrazaval absent) which approved a Type 20
Alcoholic Beverage Control license in order to sell beer and wine for off - premise consumption at
the 7- Eleven Store located at 1441 West MacArthur Boulevard, Unit D located in the General
Commercial (C2) zoning district. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
This action allows for the sale of beer and wine at an existing 7- Eleven convenience store.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J revino
Executive Director
Planning & Building Agency
AP: rb
ap \reports \CUP13 -39 7— Eleven Type 20 ABC PC Approval .w
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 12, 2013
TITLE:
PUBLIC HEARING — FILED BY MICHAEL CHO
FOR CONDITIONAL USE PERMIT NO. 2013-39
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 1441 WEST MACARTHUR
BOULEVARD, UNIT D
Prepared by Ali Pezeshkpour
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
6`'°— Planning Manager —
1. Planning Commission recommends adopting a resolution approving Conditional Use Permit
No. 2013 -39 as conditioned.
2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter
due to overconcentration.
Request of Applicant
Michael Cho, on behalf of 7- Eleven Stores, Inc., is requesting approval of a CUP for a Type 20 ABC
license for the off - premise sale of beer and wine at 1441 West MacArthur Boulevard, Unit D.
Establishments that sell alcoholic beverages require a conditional use permit pursuant to the Santa
Ana Municipal Code (SAMC).
This application is among the last to be processed under the previous regulations pertaining to off -
sale ABC licenses. The application was received prior to September 4, 2013, which was the date
Ordinance No. NS -2847 took effect. This ordinance amended Chapters 11 and 41 of the SAMC
related to off -sale premises, including: reducing the size threshold of markets subject to
overconcentration criteria from 20,000 to 10,000 square feet; eliminating size thresholds when
analyzing off -sale licenses within 1,000 feet of another off -sale licensed premises; and codifying
overconcentration criteria. The analysis and findings provided in this report reflect the provisions of
the previous Code.
Proiect Location and Site Description
7- Eleven currently operates a retail market within an existing tenant suite in the small commercial
center at the northeast comer of MacArthur Boulevard and Plaza Drive. The tenant suite is 2,502
square feet in size. The entire center, remodeled and expanded in 2010, has 117 parking spaces.
EXHIBIT A
31A-3
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 2
The site is surrounded by commercial uses to the east and south, and residential uses to the north and
west (Exhibits 1, 2 and 3).
Project Description
7- Eleven, Inc. operates multiple convenience store locations in Santa Ana; the location that is the
subject of this application has been in operation since October 2012. The establishment proposes to
obtain a Type 20 off - premise general license for the sale of beer and wine to the public. 7- Eleven
currently operates 24 hours per day, seven days per week.
The applicant seeks to display and store alcohol on a store shelf, a cold -case display, and rear storage
area. The store shelf and cold -case displays containing the alcohol are proposed to be towards the
rear of the store. The total display and storage area of 48.5 square feet represents less than five
percent of the store's gross floor area (Exhibits 4 and 5).
Project Backaround
7- Eleven Stores, Inc. is a globally- recognized convenience store chain. The company operates 13
stores in Santa Ana. The location that is the subject of this application is 2,502 square feet in size,
while most 7- Eleven stores range in size from 2,400 to 3,000 square feet. These stores offer a full
range of items typically found at a convenience store, as well as a large prepared food and
beverage section. Most 7- Eleven locations in Santa Ana are found along the city's major
thoroughfares, including this location on MacArthur Boulevard, and all locations except the subject
premises are licensed for the off - premise sale of beer and wine.
In 2012, 7- Eleven submitted applications for an ABC license and for after -hours operations at the
current location. On May 22, 2012, the Zoning Administrator denied CUP No. 2012 -07 to allow a
Type 20 ABC license for the off - premise sale of beer and wine due to the subject site's meeting City
and State overconcentration criteria. On June 11, 2012, the Planning Commission approved CUP
No. 2012 -08, allowing after -hours operations but confirmed the Zoning Administrator's denial of the
CUP for alcohol sales. The current application, CUP No. 2013 -39, is the second attempt by the
applicant to allow a Type 20 ABC license at this store.
On October 28, 2013, the Planning Commission held a public hearing to deny Conditional Use
Permit (CUP) No. 2013 -39. After receiving public testimony and new facts about the project, the
Planning Commission continued the item and requested that staff prepare findings of fact to warrant
approval of the conditional use permit, along with conditions of approval for the proposed off -sale
Type 20 Alcoholic Beverage Control (ABC) license for beer and wine.
31A-4
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 3
General Plan and Zoning Consistenc
The parcel is located within the General Commercial (C -2) zoning district. C -2 zones allow for retail
and service uses such as 7- Eleven stores, 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.
Project Analysis
Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional 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 will not adversely 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 had prepared
an analysis, which, in turn formed the basis for the previous recommendation of denial. This analysis
took into account that the proposed project met two of three of the City's definitions for
overconcentration: that the project site is located within 1,000 feet of another off -sale license, and that
the project site is in a census tract determined to be over concentrated by the State as defined in
Business and Professions Code Section 23958.4. After hearing staffs presentation on October 28,
2013, the Planning Commission received new information from the applicants and residents of the
surrounding community. This information, detailed on the following page, focused on the site, physical
attributes, nature, and location of the premises.
31A-5
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 4
Planning Commission Findings
Although additional testimony was given during the public hearing attesting to the business operator's
good character, record of success running other stores, and the management practices of 7- Eleven,
this evidence was not considered in the findings of fact that form the basis for the Planning
Commission's recommendation due to the fact that any waiver of the separation requirements must be
based on the physical characteristics of the site and not the business operator. Conditional use permits
run with the land and no subsequent approval is required, should the business operator change in the
future. This action will allow for any type of small liquor store to operate at this location unless such
CUP is revoked.
Map 1, below, and Table 1 on the following page depict the project site and its physical
characteristics as it relates to other off -sale licenses in the immediate vicinity and which detail those
premises.
Map 1: Licenses within 1,000 Feet of the Subject Property
31A-6
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 5
Table 1: Licenses within 1,000 Feet of the Subject Property
Type 20 — beer and wine for consumption off -site
Type 21 — beer, wine and distilled spirits for consumption off -site
At its October 28, 2013 hearing, the Planning Commission received additional information regarding
the site and its unique characteristics and directed staff to prepare findings of fact to support approval
of the project. These findings are as follows:
• The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and
convenience to the community by allowing patrons the ability to purchase alcoholic beverages in
conjunction with other goods commonly offered at a neighborhood- serving market. Approving an
off -sale ABC license at this location allows the market to serve the surrounding communities to
the north, west, and south. These areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail markets in the area with off -sale
licenses. These thoroughfares act as major barriers to pedestrian and local traffic movements in
the project's vicinity. Moreover, 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.
• The proposed ABC license will not be detrimental to persons residing and working in the area.
The use, as conditioned, will not create any negative or adverse impacts but will enhance quality
of life and safety by offering services oriented to motorists and to the pedestrians who frequent
the site from the surrounding multi - family residential communities in the immediate vicinity. An
additional off -sale license at this location will enhance the quality of life and public safety of these
population groups by offering a shopping destination that is oriented to pedestrian and local
traffic, without the need to traverse major nearby thoroughfares to access the other off -sale
licensed markets in the vicinity. Conditions of approval have been added to ensure that the
project will remain a positive contributor to the surrounding neighborhood and that the site will
not become an attractive nuisance. Finally, the current location does not have a history of
police - related incidents. The site is located in a reporting district that is not 20 percent higher
than the average number of reported crimes in all reporting districts. Further details are provided
in the Police Department Analysis section of this report.
31A-7
Applicant
Location
Type
Hours
Distance (Based on
Property Boundaries
1
Smart and Final
3430 South Bristol
Type
21
6 a.m.
to 10 p.m.
89 feet
2
Big Lots
3321 South Bristol
Type
20
9 a.m.
to 9 p.m.
604 feet
3
Rite Aid
3325 South Bristol
Type
21
7 a.m.
to 10 p.m.
604 feet
4
Trader Joe's
3329 South Bristol
Type
21
8 a.m.
to 9 p.m.
541 feet
5
Crai Liquor
1200 West MacArthur
Type
21
7 a.m.
to 2 a.m.
714 feet
6
Vons
3650 South Bristol
T
e 21
5 a.m.
to 2 a.m.
114 feet
Type 20 — beer and wine for consumption off -site
Type 21 — beer, wine and distilled spirits for consumption off -site
At its October 28, 2013 hearing, the Planning Commission received additional information regarding
the site and its unique characteristics and directed staff to prepare findings of fact to support approval
of the project. These findings are as follows:
• The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and
convenience to the community by allowing patrons the ability to purchase alcoholic beverages in
conjunction with other goods commonly offered at a neighborhood- serving market. Approving an
off -sale ABC license at this location allows the market to serve the surrounding communities to
the north, west, and south. These areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail markets in the area with off -sale
licenses. These thoroughfares act as major barriers to pedestrian and local traffic movements in
the project's vicinity. Moreover, 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.
• The proposed ABC license will not be detrimental to persons residing and working in the area.
The use, as conditioned, will not create any negative or adverse impacts but will enhance quality
of life and safety by offering services oriented to motorists and to the pedestrians who frequent
the site from the surrounding multi - family residential communities in the immediate vicinity. An
additional off -sale license at this location will enhance the quality of life and public safety of these
population groups by offering a shopping destination that is oriented to pedestrian and local
traffic, without the need to traverse major nearby thoroughfares to access the other off -sale
licensed markets in the vicinity. Conditions of approval have been added to ensure that the
project will remain a positive contributor to the surrounding neighborhood and that the site will
not become an attractive nuisance. Finally, the current location does not have a history of
police - related incidents. The site is located in a reporting district that is not 20 percent higher
than the average number of reported crimes in all reporting districts. Further details are provided
in the Police Department Analysis section of this report.
31A-7
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 6
• The approval of an ABC license for the establishment at this location will positively influence the
present and future economic stability of the property by further diversifying the products and
services offered within the store and area in general. 7- Eleven is among the primary anchor
tenants of the shopping center in which it operates; its success assists in the leasing of other
tenant spaces on the project site. The off -sale license will allow the market to remain
competitive with similar uses in the area which offer alcoholic beverage sales as part of their
normal retail operations, while offering the convenience of a smaller market setting to the
residents and commuters in the immediate vicinity. Further, conditions of approval will ensure
that the sale of alcohol at the location will not be the primary business activity, but rather an
added convenience offered to its clientele.
• The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of
the Santa Ana Municipal Code for an off - premise liquor license. Separation criteria will be waived
for the project location. However, waiving these criteria will not be detrimental to the surrounding
community because the location serves pedestrian and local traffic due to the physical
characteristics of the location itself, the overall commercial center site, and the nature of its
business operations. 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.
• 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.
Specifically, the project supports the following policies in the Land Use Element:
1. Policy 2.2, providing adequate amounts of goods or services for the City through a local market
whose clientele lies in its immediate vicinity;
2. Policy 2.4, supporting pedestrian access between the current market and surrounding
residential communities in close proximity;
3. Policy 2.10, supporting a neighborhood- serving market that is harmonious in scale and
character with the existing development in the area;
4. Policy 5.1, promoting development with community benefits that enhances quality of life by
allowing residents in the immediate vicinity to shop at a market with a full range of goods,
including beer and wine; and
5. Policy 5.2, protecting the community from incompatible land uses through conditions of
approval that will protect the surrounding community from potential adverse impacts or from the
market developing into an attractive nuisance.
31A-8
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 7
Despite the fact that the site meets two of three City overconcentration criteria, the Planning
Commission received new information and directed staff to create findings of fact to support the
applicant's request. Moreover, conditions have been placed on the sale of alcoholic beverages to
maintain the health and safety of the surrounding community. Based on these criteria, as well as the
projects compatibility with several polices of the General Plan, the Planning Commission recommends
approval of Conditional Use Permit No. 2013 -39.
Letter of Public Convenience and Necessity
Due to the Planning Commission's recommendation of approval, the issuance of a Public
Convenience and Necessity (PCN) letter is required for this application. A PCN letter is required per
Business and Professions Code Section 23958.4 due to the overconcentration of off -sale ABC
licenses in the census tract in which the applicant's premises are located. The PCN letter will state
that despite the fact that the number of off -sale retail licenses in the census tracts exceeds the
resident population to off -sale licenses ratio in the vicinity, the issuance of an additional off -sale ABC
license at this location is necessary to serve the public convenience and is necessary in the area.
The Planning Commission requested that staff prepare the PCN letter based on the testimony and
new information received at the October 28, 2013 public hearing.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated
with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the
Police Department analyzes the crime rate in the area using the standards and definitions contained
in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State
Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal
homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,
combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.
The Police Department then compares the number of such crimes in the reporting district as
compared to the number of crimes in other reporting districts. In keeping with the standard used by
State ABC and Business and Professions Code Section 23948.4(a)(1), should the Police
Department determine that the reporting district has a 20 percent greater number of reported crimes
than the average number found in all reporting districts, the Police Department will consider this
information in making its recommendation, which could result in a recommendation of denial.
The project at 1441 West MacArthur Boulevard, Unit D is located in Reporting District No. 130. This
reporting district is not 20 percent higher than the average number of reported crimes in all reporting
districts. The Police Department in most circumstances recommends denial of similar applications
such as CUP No. 2013 -39 based on an overconcentration of similar licenses in the area and the
31A-9
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 8
close proximity to multi - family residences because the approval of an additional off -sale outlet could
aggravate existing conditions in the area and negatively impact the community. The Police
Department recommended denial based on overconcentration, but the Planning Commission, based
on additional information garnered during the public hearing on October 28, recommended approval.
Public Notification
The project site is not located within an established Neighborhood Association boundary. However,
the presidents of the nearby South Coast and Republic Homes neighborhood associations were
notified by mail 10 days prior to this public hearing. In addition, the district representative from the
City's Neighborhood Improvement Division contacted the presidents to ensure that the presidents
were notified of the project and to see if there were any areas of concern. The project site itself was
posted with a notice advertising this public hearing, a notice was published in the Orange County
Reporter and mailed notices were sent to all property owners within 500 feet of the project site.
Just before the October 28, 2013 Planning Commission hearing, staff received correspondence
from nearby residents, the applicants and corporate representatives, and from the manager of a
nearby residential community. Most correspondence was in favor of the proposed project; however,
the manager of a nearby residential community expressed opposition to the project. Since the
October 28 meeting, and at the time of this printing, no correspondence, either written or electronic,
has been received from any members of the public.
CEQA Compliance
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. 2013 -71 will be
filed for this project.
Conclusion
Overconcentration criteria were established by the City Council to maintain a balance between the sale
of alcoholic beverages and the health and safety of the surrounding community. Following staffs
recommendation for denial at the October 28 Planning Commission hearing, new information was
presented that subsequently led the Planning Commission to direct staff to create findings of fact to
warrant approval of the project. These findings concern the unique circumstances surrounding the
project's location, attributes, and operations. The Planning Commission found this evidence sufficient
31A -10
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 9
to justify a waiver from the separation requirements and overconcentration criteria. Based on this
evidence and new findings, the project's compatibility with several polices of the General Plan, and the
analysis provided within this report, the Planning Commission recommends adopting a resolution
approving Conditional Use Permit No. 2013 -39 as conditioned.
Ali Pezeshkpour
Assistant Planner I
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aptreportMCUP13 -39 7- Eleven Type 20 ABC PC Approval.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Zoning Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31A-1 1
Vince Fregoso, AICP
Principal Planner
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31A -13
CUP 2013 -39
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ROH — 11 /12/13
RESOLUTION NO. 2013 -22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2013 -39 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 1441 WEST MACARTHUR BOULEVARD,
UNIT D
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission 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 -39
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, Unit D.
B. Conditional Use Permit No. 2013 -39 came before the Planning Commission
of the City of Santa Ana for a duly noticed public hearing on October 28,
2013. At that time, the matter was continued by the Planning Commission to
November 12, 2013, in order to take an action different than the staff
recommendation.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
D. The Planning Commission 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:
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 ability to purchase
alcoholic beverages in conjunction with other goods commonly
offered at a neighborhood - serving market. Approving an off -
sale ABC license at this location allows the market to serve the
surrounding communities to the north, west, and south. These
areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail
Resolution No. 2013 -22
Page 1 of 9
31A -17
markets in the area with off -sale licenses. These
thoroughfares act as major barriers to pedestrian and local
traffic movements in the project's vicinity. Moreover, 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.
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. The use, as conditioned, will
not create any negative or adverse impacts but will enhance
quality of life and safety by offering services oriented to
motorists and to the pedestrians who frequent the site from the
surrounding multi - family residential communities in the
immediate vicinity. An additional off -sale license at this
location will enhance the quality of life and public safety of
these population groups by offering a shopping destination
that is oriented to pedestrian and local traffic, without the need
to traverse major nearby thoroughfares to access the other off -
sale licensed markets in the vicinity. Conditions of approval
have been added to ensure that the project will remain a
positive contributor to the surrounding neighborhood and that
the site will not become an attractive nuisance. Finally, the
current location does not have a history of police - related
incidents. The site is located in a reporting district that is not 20
percent higher than the average number of reported crimes in
all reporting districts. Further details are provided in the Police
Department Analysis section of this report.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The approval of an ABC license for the establishment at this
location will positively influence the present and future
economic stability of the property by further diversifying the
products and services offered within the store and area in
general. 7- Eleven is among the primary anchor tenants of the
shopping center in which it operates; its success assists in the
leasing of other tenant spaces on the project site. The off -sale
license will allow the market to remain competitive with similar
uses in the area which offer alcoholic beverage sales as part
of their normal retail operations, while offering the convenience
of a smaller market setting to the residents and commuters in
Resolution No. 2013 -22
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the immediate vicinity. Further, conditions of approval will
ensure that the sale of alcohol at the location will not be the
primary business activity, but rather an added convenience
offered to its clientele
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 for an off - premise liquor license. Separation
criteria will be waived for the project location. However,
waiving these criteria will not be detrimental to the
surrounding community because the location serves
pedestrian and local traffic due to the physical characteristics
of the location itself, the overall commercial center site, and
the nature of its business operations. 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. Specifically,
the project supports the following policies in the Land Use
Element:
1. Policy 2.2, providing adequate amounts of goods or
services for the City through a local market whose
clientele lies in its immediate vicinity;
2. Policy 2.4, supporting pedestrian access between the
current market and surrounding residential
communities in close proximity;
3. Policy 2.10, supporting a neighborhood- serving market
that is harmonious in scale and character with the
existing development in the area;
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4. Policy 5.1, promoting development with community
benefits that enhances quality of life by allowing
residents in the immediate vicinity to shop at a market
with a full range of goods, including beer and wine; and
5. Policy 5.2, protecting the community from incompatible
land uses through conditions of approval that will
protect the surrounding community from potential
adverse impacts or from the market developing into an
attractive nuisance.
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. 2013 -71 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby approves
Conditional Use Permit No. 2013 -39 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
said hearing, which includes, but is not limited to: the Request for Planning Commission
Action dated October 28, 2013, and exhibits attached thereto; the Request for Planning
Commission Action dated November 12, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 12th day of November , 2013.
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Yrarrazaval (1)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -22 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on November 12. 2013 .
Date:
Secretary of the Planning Commission
City of Santa Ana
31A-21
Resolution No. 2013 -22
Page 5 of 9
Conditions for Conditional Use Permit No. 2013 -39
Conditional Use Permit No. 2013 -39 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.
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
2. The applicant 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 window signs
or other signs visible from outside, 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. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the applicant shall be removed or painted over within 24 hours of
being applied.
The applicant 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 applicant's responsibility to ensure that CPC section 602 is complied
with at all times that the premises are in operation.
9. The applicant shall at all times utilize an age verification device for all purchases of
alcoholic beverages.
10. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items; handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
Exhibit A
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NOVEMBER 12, 2013
PAGE 2OF3
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age /checking identification of
patrons; calling the police regarding observed or reported criminal activity.
11. If there is a marked or noticeable increase in the number of police - related incidents
on or near the premises, as such increase may be determined by the Chief of
Police, the applicant may be required to provide state - licensed, uniformed security
guards at a number determined by the Chief of Police.
12. All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages. The California Department of Alcoholic
Beverage Control must approve said training program. Records of each
employee's successful completion of the certified training program required by this
section shall be maintained on the premises of the alcoholic beverage outlet and
shall be presented upon request by a representative of the City of Santa Ana.
13. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers, but must be sold in pre - packaged multi -unit quantities.
14. The sales of alcoholic beverages shall be permitted only between the hours of
7:00 a.m. and 2:00 a.m. each day of the week unless otherwise modified by the
granting of an after -hours Conditional Use Permit.
15. Existing building 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 lighting,
door /window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
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. A timed - access cash controller or drop safe must be installed.
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NOVEMBER 12, 2013
PAGE 3 OF 3
20. A silent armed robbery alarm must be installed and operable at all times
21. Clearly distinguishable height markers shall be installed on the inside doorjamb of
all doors used by the public to access the store. Horizontal marks, one -inch wide
by three inch long, in different colors, and in a contrasting color to the background,
shall be placed every six inches beginning at Sand ending at 66 ".
22. No person under the age of 21 shall sell or deliver alcoholic beverages.
23. Provide a Closed Circuit Television System approved by the Police Department
and capable of viewing and recording events inside and outside the premises
including the parking areas with a resolution which will clearly identify individuals
for later identification as follows:
a) A minimum of one color camera at each cash register that views the front of
a customer, from the waist to the top of the head.
b) A minimum of one color camera that views the full length side of a customer
at the cash register area.
c) A color camera recorder capable of recording events on all cameras
simultaneously.
d) A tape or disc storage library of recorded cameras kept for a minimum of 60
days.
e) If video tape is used, tapes cannot be taped over more than six times.
f) An audio recording component that will record sounds occurring at the
customer counter.
g) An Internet Protocol (IP) -based system is required.
24. It shall be the operator's responsibility to submit a shopping cart containment plan
pursuant to SAMC Section 33.210.
25. The operator shall be responsible for obtaining all necessary permits for building
tenant and freestanding signs. This shall include any window signs and temporary
banners.
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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 2nd
floor, Santa Ana, California 92702.
On [date], I served the foregoing document described as: Resolution No. 2013 -22
(Conditional Use Permit No. 2013 -391 in this action by placing a true copy there-7-
enc ose m seal (I envelopes follows:
[insert the following here
Addressee
Address]
[ ] 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.
I 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.
MARTHA RAMIREZ
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