HomeMy WebLinkAbout31B - CUP - 2112 S MAIN STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
2, 2013
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
CONDITIONAL USE PERMIT NO. 2013 -40 TO ❑ As Recommended
❑
As Amended
ALLOW A TYPE 20 ALCOHOLIC BEVERAGE ❑ ordinance on n Reading
El 2
Ordinance on ntl Reading
CONTROL LICENSE FOR A 7- ELEVEN STORE ❑ Implementing Resolution
LOCATED AT 2112 SOUTH MAIN STREET - ❑ Set Public Hearing For
RALPH DEPPISCH, APPLICANT
CONTINUED TO
FILE NUMBER
CITY
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No. 2013 -40 as conditioned.
PLANNING COMMISSION ACTION
On November 12, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2013 -40 as conditioned and issued a Public Convenience and Necessity (PCN)
Letter due to crime rate in the area 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 2112 South Main Street located in the Commercial South Main
(CSM) 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 a new 7- Eleven convenience store.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja . Trevino
Executive Director
Planning & Building Agency
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vflreports \CUP \CUP13 -40 7— Eleven Type 20 Approval=
Exhibit: A. Planning Commission Staff Report
31 B -1
31 B -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 12, 2013
TITLE:
PUBLIC HEARING — FILED BY RALPH DEPPISCH
FOR CONDITIONAL USE PERMIT NO. 2013-40
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 2112 SOUTH MAIN STREET
Prepared by Vince Fregoso
I
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
F� Hnl�
Planning Manager
1. Planning Commission recommends adopting a resolution approving Conditional Use Permit
No. 2013 -40 as conditioned.
2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due
to crime rate of the area.
Request of Applicant
Ralph Deppisch, on behalf of 7- Eleven Stores, Inc., 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
2112 South Main Street. 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.
Project Description
7- Eleven, Inc. operates multiple convenience store locations within Santa Ana. The establishment
proposes to obtain a Type 20 off - premise general license for the sale of beer and wine to the public.
Due to the restrictions of the site's CSM zoning, the hours of operation for 7- Eleven will be limited to
5:00 a.m. to 12:00 midnight, seven days per week.
EXHIBIT A
31 B -3
Conditional Use Permit No. 201340
November 12, 2013
Page 2
The applicant seeks to display and store alcohol on two store shelves and a cold -case display. The
store shelves and cold -case display containing the alcohol are proposed to be in the middle and at the
rear of the store. The total display and storage area will consist of 108 square feet, representing less
than five percent of the store's gross floor area (Exhibits 4 and 5).
Proiect Background
7- Eleven Stores, Inc. is a globally - recognized convenience stop: chain. The company operates over
one dozen stores in Santa Ana, which 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 Main Street. All locations within Santa Ana are authorized to
sell alcoholic beverages with the exception of the store located at 1441 West MacArthur Boulevard,
Unit D, which is in the process of applying for a CUP to allow the off - premise sale of alcohol.
In 1986, the Southland Corporation, parent company of 7- Eleven, received approval of a land use
certificate (LUC) to allow the sale of beer and wine at this location (Type 20 ABC license). In 2001, the
7- Eleven store was replaced by a Mr. M Food Store. In September 2012, the owner of Mr. M's closed
the establishment, with the site remaining vacant to this day. Since the original ABC license was
issued through an LUC, another tenant had six months to reopen the establishment and continue with
the sale of beer and wine. As the six month time period expired in March 2013, and the tenant space
remained vacant, the LUC expired, with any new sale of alcoholic beverages requiring a conditional
use permit.
On October 28, 2013, the Planning Commission held a public hearing on staffs recommendation to
deny the conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license to allow the
off - premise sale of beer and wine at the proposed site. After receiving public testimony and hearing
new facts about the project, the Planning Commission continued the item and requested that staff
prepare findings of fact and conditions of approval in support of the conditional use permit.
General Plan and Zoning Consistency
The parcel is located within the Commercial South Main (CSM) zoning district. The City's CSM 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.
31 B -4
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 3
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 has
prepared the following analysis, which, in turn forms the basis for the recommendation contained in
this report. The prior staff recommendation of denial took into account that the proposed project met
two out of three of the City's overconcentration criteria: The project is located within 1,000 feet of
another off - premise license, and the project site is within 1,000 feet of three schools primarily used
by minors. This information is shown on Table 1 below and Map 1 on the following page. After
staffs presentation on October 28, 2013, the Planning Commission received new information from
the applicant and a concerned citizen from the surrounding community. This information, detailed
within the findings of fact on the following pages, focused on the site, physical attributes and location
of the premises.
Table 1: Licenses and Schools within 1,000 Feet of the Subject Property
Premises
Location
Type
(1) Azteca Market
2059 South Main
Type 20
(2) Cesar Chavez High School
2128 South Cypress
School
(3) Edison Elementary
2063 South Orange
School
(4) Manuel Esqueda Elementary
2240 South Main
School
31 B -5
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Conditional Use Permit No. 2013 -40
November 12, 2013
Page 5
In light of the circumstances, although the 7- Eleven Market does not fit the past approval pattern
of stores meeting the overconcentration criteria and being over 20,000 square feet in size, the
Planning Commission determined that there were a number of mitigating circumstances that
would allow them to make the findings necessary to approve the conditional use permit.
• The proposed alcoholic beverage control (ABC) license will provide a service or facility which
will contribute to the general well being of the neighborhood or community by allowing
customers the ability to purchase beer and wine along with their market related products.
Further, approving an off -site retail license (Type 20) at this location would allow the 7- Eleven
store the ability to serve the community on the west side of Main Street, which is a heavily
travelled thoroughfare that acts as a barrier to pedestrian traffic. Additionally, appropriate
conditions have been placed on the ABC license, which will mitigate any potential impacts
created by the use and ensure that the use will not negatively affect the surrounding
community.
• The proposed ABC license will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity because conditions have been placed on the
alcoholic beverage control license that will mitigate any potential negative or adverse impacts
created by the use. In addition, the use will occur within the premises and is incidental to the
market use. Additionally, the use will not create any negative or adverse impacts but will
enhance the quality of life and safety of the area by offering services oriented to motorist and
pedestrians who frequent the site from the surrounding residential neighborhoods.
• The approval of an ABC license for the retail establishment at this location will positively
influence the present and future economic of the property by further diversifying the products
and services offered within the store. The proposed location, which is currently vacant, is one
of the primary anchor tenants of the center. The leasing of this space to 7- Eleven with alcohol
sales 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 of the immediate area. In addition, site
improvements will be made to the site, including lighting, landscaping and signage, which will
bring the site into closer compliance with the City's development standards. These
improvements will enhance the economic value of the property and will affect the economic
stability of the area in a positive manner.
• The proposed alcohol license will be in compliance with all applicable criteria 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 site itself, the 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.
31 B -7
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 6
The proposed alcohol license will not adversely affect the General Plan. Retail markets 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, 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 of the Land Use Element:
o Policy 2.2, providing adequate amounts of goods and services for the City through a local
market whose clientele is in the immediate vicinity;
o Policy 2.4, supporting pedestrian access between the proposed market and the surrounding
residential communities in close proximity;
o Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and
character with the existing development in the area;
o Policy 5.1, promoting development with community benefits that enhance the quality of life
by allowing residents in the immediate area to shop at a market with a full range of goods,
including beer and wine; and,
o 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.
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. A PCN letter is required per Business and
Professions Code Section 23958.4 due to the above average crime rate of the reporting district.
The PCN letter will state that, despite the above average crime rate of the reporting district, 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 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
RITWOO
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 7
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 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 site, located at 2112 South Main Street is in a reporting district that has a 20 percent greater
number of reported crimes than the average number reported for all crime reporting districts and
is 21 percent above the average in police related incidents based on standards established under
the Business and Professions Code Section 23958.4. Since the reporting district has an above
average crime rate, and the site is located within 100 feet of residential dwellings, the Police
Department recommended denial of this application. However, the Planning Commission, based
on additional information received at the October 28, 2013 public hearing, recommended
approval of the CUP to allow an off -sale ABC license.
Public Notification
The project site is located within the Memorial Park Neighborhood Association and is adjacent to
the Delhi and Madison Park Neighborhood Associations. On October 9, 2013, staff and the
applicant attended the Delhi Neighborhood Association meeting to discuss the proposed project.
Further, on October 18th, the Memorial Park Neighborhood Association held a meeting to discuss
the project. The general consensus of both meetings was that the neighborhoods were
supportive of the City's recommendation as there are a sufficient number of establishments along
South Main Street (including retail stores, restaurants and bars) that have alcohol sales. In
addition, the attendees were concerned that the addition of another ABC licensed establishment
in the immediate area would create adverse impacts that resulted from the sale of alcohol at this
location.
The presidents of the neighborhood associations were also 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 meeting and
to see if there were any additional areas of concern. No further areas of concern were identified
by the Neighborhood Association presidents.
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. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
31 B -9
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 8
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301. This Class 1 exemption allows the licensing of existing and new
facilities with no expansion in the size of the use. Categorical Exemption Environmental Review
No. 2013 -78 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, 2013 Planning Commission hearing, new
information was presented that subsequently led the Planning Commission to direct staff to create
findings of fact and conditions of approval in support of the applicant's request. These finding
pertained to the unique circumstances related to the project's location, attributes and operations.
Therefore, based on the attached findings of fact, the project's compatibility with several policies of
the General Plan, and the analysis provided within this report, the Planning Commission
recommends adopting a resolution approving Conditional Use Permit No. 2013 -40 as conditioned.
i
Vince Fregoso, 0CP
Principal Plann r,—_-
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Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Zoning Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31 B -10
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RESOLUTION NO. 2013 -23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2013 -40 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 2112 SOUTH MAIN STREET
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 -40
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 2112
South Main Street.
B. Conditional Use Permit No. 2013 -40 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 a service or facility which will contribute to the general
well being of the neighborhood or community. Approving an
off -site retail license (Type 20) at this location would allow the
7- Eleven store the ability to serve the community on the west
side of Main Street, which is a heavily travelled thoroughfare
that acts as a barrier to pedestrian traffic. Further, the sales of
alcoholic beverages at this location is intended for families and
commuters from the immediate area who are not typically
Resolution No. 2013 -23
Page 1 of 8
31 B -16
associated with loitering or public intoxication, thus helping to
reduce impacts to surrounding businesses and residents.
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 the
health, safety, or general welfare of persons residing or
working in the vicinity. The use, as conditioned, will not create
any negative or adverse impacts but will enhance the quality
of life and safety of the area by offering services oriented to
motorist and pedestrians who frequent the site from the
surrounding residential neighborhoods. In addition, conditions
of approval have been added to ensure that the project will not
become an attractive nuisance. Moreover, the proposed
tenant, 7- Eleven, is a national chain that offers beer and wine
as part of its business model. The company has established
policies and procedures, including an employee training
program focused on security and alcohol responsibility, which
will ensure that beer and wine sales are handled in a
responsible manner.
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 retail establishment at
this location will positively influence the present and future
economic of the property by further diversifying the products
and services offered within the store. The proposed location,
which is currently vacant, is one of the primary anchor tenants
of the center. The leasing of this space to 7- Eleven with
alcohol sales 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 of the
immediate area.
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 criteria of Chapter 41 of the Santa Ana Municipal
Code for an off - premise liquor license. Conditions of
approval have been added to ensure the project remains in
compliance with all applicable codes and regulations related
Resolution No. 2013 -23
Page 2 of 8
31 B -17
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 alcohol license will not adversely affect the
General Plan. Retail markets 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, 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 of the Land Use Element:
o Policy 2.2, providing adequate amounts of goods and
services for the City through a local market whose
clientele is in the immediate vicinity.
o Policy 2.4, supporting pedestrian access between the
proposed market and the surrounding residential
communities in close proximity.
o Policy 2.10, supporting a neighborhood serving market
that is harmonious in scale and character with the
existing development in the area.
o Policy 5.1, promoting development with community
benefits that enhance the quality of life by allowing
residents in the immediate area to shop at a market
with a full range of goods, including beer and wine.
o 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. This
Class 1 exemption allows the licensing of existing and new facilities with no
expansion in the size of the use. Categorical Exemption Environmental
Review No. 2013 -78 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby approves
Conditional Use Permit No. 2013 -40 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
Resolution No. 2013 -23
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31 B -18
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
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
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 -23 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
Resolution No. 2013 -23
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Conditions for Conditional Use Permit No. 2013 -40
Conditional Use Permit No. 2013 -40 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 np for 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.
1. 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.
7. 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
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NOVEMBER 12, 2013
PAGE 2 OF 3
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 12:00 midnight 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 5' and 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.
Resolution No. 2013 -23
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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 foregoingg document described as: Resolution No. 2013 -23
(Conditional Use Permit No. 2013 -1 in this action by placing a true copy t ereo
enc —loUin sea enve opes a resse as 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.
ffu 011TERTIMISM '
Resolution No. 2013 -23
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31 B -24