HomeMy WebLinkAbout20131112_2013-23_2112SMainStROH — 11/12/13
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:
1. 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
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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
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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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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: Nor
APPROVED AS TO FORM:
Sonia R. Cfaf7valho, City Attorney
By. v
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 -23 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on November 12, 2013
Date: 4-- LN- -1- t< ,
Sec etary of the PI ning CorrL�ission
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 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.
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
Resolution No. 2013 -23
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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 6'6 ".
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 ([P)-based system is required.
24. It shall be the operators 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 2 "d
floor, Santa Ana, California 92702.
On December 5, 2013 I
13 -23 (Conditional Use
Ralph Deppisch
Cliffhaven Companies hie.
4340 Von Karman Avenue, Suite 110
Newport Beach, CA 92660
.►meat described as: Resolution
this action by placing a true copy
as
Property Owner
Steve Craig
4100 MacArthur Boulevard, #200
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.
9kx",
MARTHA RAI I� R _
EZ
Resolution No. 2013 -23
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