HomeMy WebLinkAboutZA PACKET 03-09-2011
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ZONING ADMINISTRATOR
PUBLIC HEARING
MARCH 9, 2011
City Hall Ross Annex
Second Floor Conference Room
20 Civic Center Plaza, Santa Ana, CA 92701
CALL TO ORDER: 9:00 a.m.
Zoning Administrator: Sergio Klotz
Recording Secretary: Jocelyn Magalona
1. CONDITIONAL USE PERMIT NO. 2011-04 (Verny Carvajal)
Filed by Michael Cho requesting a Type 21 ABC license (off-sale general) at the El Super
supermarket located at 2445 South Bristol Street in the General Commercial (C2) zoning
district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: February 25, 2011
PUBLICLY NOTICED: February 25, 2011
RECOMMENDATION:
Adopt a resolution denying Conditional Use Permit No. 2011-04.
2. CONDITIONAL USE PERMIT NO. 2011-01 (Lucy Linnaus)
Filed by Deok Jae Lee to allow a Type 41 ABC license at the Wasabi Japanese Grill (on-
premise sale of beer and wine for bona fide eating place) at 2 East Hutton Centre Drive, Unit
201 located in the Specific Development No. 76 (SD-76) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: February 23, 2011
PUBLICLY NOTICED: February 23, 2011
RECOMMENDATION:
Adopt a resolution approving Conditional Use Permit No. 2011-01 as conditioned
3. Public Comments
Adjournment
Resolution No. 2011-XX
Page 1 of 4
ROH – 03/09/11
RESOLUTION NO. 2011-XX
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA DENYING
CONDITIONAL USE PERMIT NO. 2011-04 FOR A
TYPE 21 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR THE PROPERTY LOCATED AT 2445
SOUTH BRISTOL STREET
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby
finds, determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No.
2011-04 for a Type 21 Alcoholic Beverage Control license, which
allows the sale of beer, wine, and distilled spirits for off-premise
consumption, for the property located at 2445 South Bristol Street.
B. Conditional Use Permit No. 2011-04 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public
hearing on March 9, 2011.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages.
D. The Zoning Administrator 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 not
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 project will not provide a service or
facility which will contribute to the general well being of
the community. This area has been identified as being
above-average in police-related incidents, which
constitutes an area of high crime. State law provides
that the Department of Alcoholic Beverage Control
(ABC) shall deny an application for a license if the
issuance of that license would either create a law
Resolution No. 2011-XX
Page 2 of 4
enforcement problem or result in or add to an undue
concentration of licenses, unless a determination is
made that public convenience or necessity would be
served by the issuance of that license. The City has
been designated to make determinations of public
convenience or necessity in certain circumstances if the
proposed license is located in an area of high crime,
such as this one. The City, therefore, is required to
prepare this letter and provide it to the applicant who
must in turn submit it to ABC prior to issuance of the
requested alcohol sales license. This letter would have
to find that there exists a need for additional liquor sales
establishments in order to serve the public convenience
and necessity. Such findings would have to state that
the area is not already adequately served by
establishments selling alcohol. However, there
currently exist two off-sale liquor establishments within
the census tract (Census Tract 740.05), as well as a
bar (Type 42), which is within 250 feet of the premises.
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 alcoholic beverage control license would
be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity. The
Police Department has determined that the proposed
market is located in an area that is above average in
police-related incidents and is located within Reporting
District No.149, which ranks 22nd out of 102 citywide
districts in total number of police-related incidents.
Studies have shown that alcohol is a contributing factor
in crimes, such as drunk driving, fatal traffic collisions,
homicide, assaults, rape, domestic violence, drunk in
public and other nuisance type of offenses. The
addition of another alcohol sales establishment would
further contribute to the already high crime rate in the
area.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed use would adversely affect the present
economic stability or future economic development of
properties surrounding the area. The approval of a
Resolution No. 2011-XX
Page 3 of 4
license in an area deemed to be high in crime will affect
the quality of life and need for police resources in the
area, and further aggravate existing conditions. This
would result in increased costs to the City for police
services, while high crime rates could reduce property
values.
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 use will not comply with the regulations
and conditions specified in Chapter 41 for the issuance
of Conditional Use Permits for alcohol sales. Although
the El Super is proposed to be located within the C2 –
General Commercial zone, which allows for grocery
stores, the alcohol sales component is regulated as a
separate use which requires a CUP (SAMC Sec. 41-
196). Due to the fact that the findings necessary for
ABC to issue a PC&N Letter cannot be made, the
applicant would not be able to obtain an ABC license at
this location and would, therefore, not be able to obtain
a CUP.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed alcohol license will adversely affect the
General Plan in several ways. The new alcohol license
will be inconsistent with Policy 2.9 of the Land Use
Element which supports developments that create a
business environment that is safe and attractive. The
addition of an alcohol license increases the potential for
nuisance crimes such as loitering, disturbing the peace,
graffiti and other crimes that impact surrounding
businesses and residential neighborhoods. The
granting of this application is also inconsistent with
Policies 5.1 and 5.5 of the Land Use Element of the
General Plan which discourages projects that are not
compatible with surrounding land uses and have the
potential to negatively impact their quality of life.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section
15270. The statutory exemption states that CEQA does not apply to
projects that a public agency rejects or disapproves. Statutory
Resolution No. 2011-XX
Page 4 of 4
Exemption Environmental Review No. 2010-148 will be filed for this
project.
Section 2. The Zoning Administrator of the City of Santa Ana after
conducting the public hearing hereby denies Conditional Use Permit No. 2011-04.
This decision is based upon the evidence submitted at the abovesaid hearings,
which includes, but is not limited to: the Request for Zoning Administrator Action
dated March 9, 2011, and exhibits attached thereto; and the public testimony, all of
which are incorporated herein by this reference.
ADOPTED this 9th day of March, 2011.
_______________________
Sergio Klotz
Zoning Administrator
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:________________________
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to
and certify the attached Resolution No. 2011-XX to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on
_______________.
Date: ________________ ____________________________________
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2011-XX
Page 1 of 6
ROH – 03/09/11
RESOLUTION NO. 2011-XX
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2011-01 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 2 HUTTON CENTER DRIVE,
SUITE 201
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No. 2011-
01 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 2 Hutton
Center Drive, Suite 201.
B. Conditional Use Permit No. 2011-01 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public hearing on
March 9, 2011.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to approve a conditional use permit upon making certain
findings:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed alcohol beverage license will provide an
ancillary service to the restaurant customers by allowing
them the ability to purchase beer and wine with their food.
This will thereby benefit the community by providing a
restaurant with an additional and complementary food-
related amenity. Conditions have been placed on the
alcoholic beverage control license which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
Resolution No. 2011-XX
Page 2 of 6
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 license for the on-sale consumption of beer
and wine at this location will not be detrimental to 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 restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other restaurants in the area that also offer
alcoholic beverages for sale to their guests and other
visitors.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer and wine pursuant to Chapter 41 of
the Santa Ana Municipal Code and the guidelines
established by the Planning Commission for restaurants
selling alcohol with their meal. The facility has the kitchen
equipment necessary to be considered a bona fide
restaurant use and is eligible to obtain a restaurant related
alcoholic beverage control license. Additionally, the
restaurant will utilize less than five percent of the gross floor
area for the storage of alcoholic beverages, which is below
the maximum threshold established by the Planning
Commission.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City’s needs for goods and services.
A restaurant with an ancillary alcohol license provides a
dining service to the residents of Santa Ana.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
Resolution No. 2011-XX
Page 3 of 6
from further review pursuant to Section 15301. This Class 1 exemption
applies to a project that involves the licensing of an existing structure with
little or no expansion of the existing use. Categorical Exemption
Environmental Review No. 2010-141 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana hereby approves
Conditional Use Permit No. 2011-01 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 Zoning Administrator
Action dated March 9, 2011, and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 9th day of March, 2011.
_______________________
Sergio Klotz
Zoning Administrator
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:________________________
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2011-xx to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on _______________.
Date: ________________ ____________________________________
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2011-XX
Page 4 of 6
Conditions for Conditional Use Permit No. 2011-01
Conditional Use Permit No. 2011-01 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.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2010-49.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. The restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
4. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant’s gross floor area.
B. Police Department
1. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons.
Exhibit A
Resolution No. 2011-XX
Page 5 of 6
2. Alcoholic beverages may not be sold through self-service dispensers, which
is the open display of alcoholic beverages accessible to the public without
the assistance of a clerk.
3. At all times when the premises is open for business the sale of alcoholic
beverages shall be made only in conjunction with the sale of food to the
person ordering the beverage.
4. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period. These records are to be kept no less
frequently than on a quarterly basis and shall be made available to the City,
if requested.
5. The premises shall be maintained as a bona fide eating establishment and
shall provide a menu containing an assortment of foods normally offered in
restaurants.
6. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
7. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
8. It shall be the applicant(s) responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises under the control of the applicant(s).
9. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
10. There shall be no public telephones located on the exterior of the premises.
All interior pay phones must be designed to allow outgoing calls only.
11. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 72
hours of being applied.
12. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
Resolution No. 2011-XX
Page 6 of 6
13. There shall be no live entertainment, amplified music or dancing on the
premises.
14. Ambient noise/music shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
15. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a.m. and 12:00 a.m.
16. This land use authorization is only for a Type 41 on-sale beer & wine, public
eating-place, any other license use at this location will require a new land
use clearance.
17. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City’s adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
18. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
19. This Conditional Use Permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.