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HomeMy WebLinkAbout20131112_2013-22_1441WMacArthurBlvdUnitDROH —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 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 Page 2 of 9 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; Resolution No. 2013 -22 Page 3 of 9 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 ABSENT: Commissioners ABSTENTIONS: Commissioners None (0) Yrarrazaval (1) None (0 Resolution No. 2013 -22 Page 4 of 9 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: < Ryan O. Assistant 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: S cretary of th arming mmission City of Santa Ana 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 prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 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 Exhibit A Resolution No. 2013 -22 Page 6 of 9 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 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 Resolution No. 2013 -22 Page 7 of 9 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 -22 Page 8 of 9 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 tad floor, Santa Ana, California 92702. On December 5, 2013 I served the foregoing document described as: Resolution No. 2013 -22 (Conditional Use Permit No. 2013 -39) in this action by placing a true copy tthei�enc ose m s� envelopes a dress�foIlows: Indcr it Singh Michael Cho, Esq. Bonnie Brown Elite Stores, Inc. dba 7- Eleven c/o Palmieri Tyler M.H. — Lot 6/7, LLC 1441 West MacArthur Boulevard 2603 Main Street, Suite 1300 1601 Dove Street, Suite 145 Santa Ana, CA 92704 Irvine, CA 92614 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. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 5, 2013 at Santa Ana, California. MARTHA RA�Iv1-1-REZ Resolution No. 2013 -22 Page 9 of 9