Loading...
HomeMy WebLinkAboutZA PACKET 08-31-2011ZONING ADMINIS'TRATOR PUBLIC HEARING AUGUST 31,201 1 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 201 1-08 (Verny Carvajal) Filed by Sherrie Olson, representing Far West Restaurant Group, LLC, to allow approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at a proposed Wingstop restaurant at 2801 West MacArth~~r Boulevard, Suite C, located in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 17,201 1 PUBLICLY NOTICED: August 18,201 1 August 22,201 1 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 201 1-08 as conditioned. 2. CONDITIONAL USE PERMIT NO. 201 1-18 (Verny Carvajal) Filed by Javier Soto, representirrg Soto Business Services, requesting a conditional use perrr~it to allow the operation of a check cashing facility at 2610 South Bristol Street located in the Planned Shopping Center (C4) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 19,201 1 PUBLICLY NOTICED: August 18,201 1 If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date. to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title 11, 28 CFR 35.1021 Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on aspokesperson to make the presentation. Zoning Administrator - Public Hearing August 31,201 1 Page 2 RECOMMENDATION: Adopt a resolution approving Condi,tional Use Permit No. 201 1-18 as conditioned. 3. CONDITIONAL USE PERMIT NO. 2011-17 (Ali Pezeshkpour) Filed by Paula Halverson, on behalf of The Wine Club, to allow approval of a conditional use permit for a Type 21 and Type 42 Alcoholic Beverage Control (ABC) licenses for the on and off-premise sale and cons~lrr~ption of beer, wine and distilled spirits at 1431 South Village Way located in the Light Industrial (MI) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 19,201 1 PUBLICLY NOTICED: August 18,2011 RECOMMENDATION: Adopt a resolution approving Conditiolial Use Perrr~it No. 201 1-17 as conditioned. 4. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. PIease call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title 11, 28 CFR 35.1021 Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on aspokesperson to make the presentation. REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: PLANNING COMMISSION SECRETARY AUGUST 31,201 1 APPROVED TITLE: As Recommended PUBLIC HEARING - FILED BY SHERRIE OLSON As Amended FOR CONDITIONAL USE PERMIT NO. 201 1-08 Set Public Hearing For FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL DENIED LICENSE FOR A WINGSTOP RESTAURANT AT Applicant's Request Staff Recommendation 2801 WEST MACARTHUR BOULEVARD, SUITE C CONTINUED TO Prepared by Verny Carvajal RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 201 1-08 as conditioned. Request of Applicant Sherrie Olson, representing Far West Restaurant Group, LLC, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at a proposed Wingstop restaurant at 2801 West MacArthur Boulevard, Suite C. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Wingstop is in the process of locating within an existing 9.6-acre, 26-unit multi-tenant commercial development with four building pads located at the northeast corner of South Fairview Street and West MacArthur Boulevard. The site is anchored by a Ralph's grocery store and contains numerous eating establishments and a total of 515 parking spaces. The tenant proposes to obtain a Type 41 ABC license for the on-premise consumption of beer and wine. Project Description Wingstop Restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise sale of beer and wine within the 1,193 square foot eating establishment following its completion. The restaurant will be a full service, sit-down eating establishment that will hold approximately 32 seats within its dining room. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are 11:OO a.m. to midnight, seven days a week. Conditional Use Permit No. 201 1-08 August 31,201 1 Page 2 The storage area for alcoholic beverage will be located within a cooler/freezer area in the kitchen area and near the front counter area. The overall storage of alcoholic beverage consists of approximately 83 square feet, which is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4). Proiect Background Wingstop is a national franchise chain of restaurants specializing in chicken wings looking to expand into the City of Santa Ana. This business is currently in the process of conducting tenant improvements and has pulled permits for the project within the last six months. In order to display and sell alcohol, a conditional use permit is required. General Plan and Zoninrr Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is surrounded by residential uses to the north, east, and south, a small commercial use to the south, and industrial uses to the west. The parcel is located within the Arterial Commercial (C-5) zoning district. The C-5 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Proiect Analvsis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the followirlg 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 adversely will not 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. Conditional Use Permit No. 201 1-08 August 31,201 1 Page 3 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. 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. 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 interior of the premises and is incidental to the restaurant use. The proposed use will not adversely affect tlie economic stability of tlie 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. 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. 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. Conditional Use Permit No. 201 1-08 August 31,201 1 Page 4 Police Department Analvsis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because ,there is a strong correlation between the availability of alcohol and crime. 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. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect ,the surrounding community. The Police Department considered two factors when reviewing this application: crime rate and sensitive land uses. It has been determined that 2801 West MacArthur Boulevard is located in an area that is average in police-related incidents. This site is located within Reporting District No. 110, which ranks 7oth out of 102 citywide districts in total number of police-related incidents. No sensitive uses were found in the immediate area that might be impacted by this action. As a result, the Police Department recommends conditional approval of the CUP. Public Notification The project site is not located within an existing Santa Ana neighborhood. 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. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061 (b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant irr~pact on the environment. Categorical Exemption Environmental Review No. 201 1-29 will be filed for this project. Conditional Use Pem~it No. 201 1-08 August 31,201 1 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 201 1-08 as conditioned. Verny Carvajal Senior Planner VC:jm vc\reports\CUPll-08 Wingstop ABC.za Attachments: Exhibit 1 - Vicirrity Map Exhibit 2 - Location Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: PLANNING COMMISSION SECRETARY AUGUST 31,201 1 APPROVED TITLE: As Recommended PUBLIC HEARING - FILED BY SOT0 BUSINESS As Amended SERVICES FOR CONDITIONAL USE PERMIT Set Public Hearing For NO. 201 1-18 TO ALLOW CHECK CASHING DENIED SERVICES AT 2610 SOUTH BRISTOL STREET Applicant's Request Staff Recommendation CONTINUED TO Prepared by Verny Carvajal - Planning ~an&er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 201 1-18 as conditioned. Request of Applicant Soto Business Services is requesting approval of a conditional use permit to allow the operation of a check cashing facility at 2610 South Bristol Street. Establishments that offer check cashing as part of their business operation require a conditional use permit pursuant to Section 41-412.5 of the Santa Ana Mur~icipal Code (SAMC). Proiect Location and Site Description Soto Business Services is located within an existing, multi-tenant commercial development that is located at the so~~thwest corner of Bristol Street and Central Avenue. The site is approximately 2.1 acres in size and contains four siugle-story buildings ranging in size from 2,300 to 7,900 square feet. The site has a total of 104 on-site parkiug spaces (Exhibits 1 and 2). Proiect Description Soto Business Services proposes to offer check cashing as an ancillary service within an existing 1,155 square foot tenant space currently occupied by the tenant. The check cashing facility will occupy approximately 480 square feet of the existirrg tenant space. The check cashing facility will operate between the hours of 9:00 a.m. and 9:00 p.m. Monday through Saturday and from 10 a.m. and 6:00 p.m. on Sunday. The site is surrounded by multi-family residential and commercial uses to the north, single family residential to the west and commercial uses to the south and east (Exhibits 3 and 4). Conditional Use Permit No. 201 1-18 August 31,201 1 Page 2 Proiect Background Soto Business Services is an independently owned retail and service use which has been operating at this location since February 2009. The applicant operates a small retail water store, offers small business services and offers small grocery items to its customers. Soto Services intends to expand its customer base by offering an additional check cashing service as part of its business operation. General Plan and Zoninn Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this check cashing service. The project site is consistent with this General Plan land use designation. The parcel is located within the Planned Shopping Center (C4) zoning district. The C4 zoning district allows for retail and service uses such as check cashing, making the proposed use consistent with the zoning code. Proiect Analysis In 1999, the City Council adopted Ordinance No. NS-2412, which defined check cashing facilities and allowed their use subject to issuance of a conditional use permit in commercial zones. Check cashing businesses require a license from the State of California and are subject to a number of regulations as found in the California Civil Code. These regulations are aimed at preventing money laundering and other financial improprieties. Check cashing establishments, because of their very nature, are considered as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances, due to their deleterious effect upon adjacent areas. Special regulation of these uses was necessary to ensure that these impacts would not contribute to blight or downgrading of surrounding neighborhoods due to their concentration in any one area of the city. As a result, the Santa Ana Municipal Code (SAMC) was amended to allow for the orderly regulation of these establishments through a conditional use permit and requires a minimum separation of 1,000 feet from another check cashing establishment. Tlie conditional use permit allows City departments to appropriately review proposals and devise conditions of approval to mitigate possible impacts from the proposed business operation. 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. Conditional Use Permit No. 201 1-1 8 August 31,201 1 Page 3 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 adversely will not 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed check cashing facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing an alternative place for residents to cash checks without using a traditional banking system. The facility will meet all State and City guidelines pertaining to such use including the 1,000-foot separation requirement. The proposed check cashing facility will not be detrimental to the general welfare and safety of the surrounding businesses and residents. Conditions of approval have been incorporated into the project in order to address property maintenance items including signs, graffiti, litter, and landscaping upgrades to the property. The check cashing facility will operate within an existing retail center and will complement surrounding retail uses within the area. Check cashing uses are allowed within the existing Planned Shopping Center (C4) zoning district with a conditional use permit. The check cashing facility will provide services that compliment surrounding businesses and should draw additional uses to the existing retail center. The use is consistent with Policies 4.2 and 5.5 of the City's Land Use Element of the General Plan, which encourage uses that provide service and community benefit while maintaining consistency with surrounding development and are conipatible with existing uses. As conditioned, the proposed use will be in compliance with all applicable sections of Chapter 41 of the Santa Ana Municipal Code including minimum separation requirements as required for new check cashing establishments. The distance requirement ensures a reasonable separation between these uses while offering a reasonable walking distance for pedestrians who patronize such services. Conditional Use Permit No. 201 1-1 8 August 31,201 1 Page 4 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. Check cashing facilities provide an additional service to residents of neighboring areas who have a need for a local establishment which can provide these types of financial transactions. Police Department Analvsis The Police Department has evaluated the applicant's request and is recommending conditional approval of the check cashing service at this location. As a result, appropriate conditions have been added to ensure the business continues to operate within the guidelines established by the City of Santa Ana and State of California related to check cashing businesses. Public Notification The project site is located within the Thornton Park neighborhood and near the boundaries of the Sunwood Central and Rosewood Baker neighborhoods. The presidents of these 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 they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. 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. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061 (b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exen-~ption Environmental Review No. 201 0-89 will be filed for this project. Conditional Use Permit No. 201 1-18 August 31,2011 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 201 1-18 as conditioned. z+--- Verny Carvajal Senior Planner i 1 I Vince F~~~OS~/AICP / Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Location Map Exhibit 3 - Floor Plan Exhibit 4 - Site Plan WARNER AVE. A1 GWBWLAGNaJLTURlLt CR COMMBUALmCWllAL M SNaEFAMILYmCWllAL -8 FWaQffiMWlflU\TION GC ah,WdMEEITCBCIW R2 72FAMILYmERKE C.34 COMMEfUALSWIRIMAIN MI UGMINDL!S'WL fO MULllREDMlYMULTIRE Cl COMMUNlTYCCMMWlAL M2 HEAWINDlXlHAL FAMILYmERKE Cl-MD COMM. CCMMWMlfiBJM DISIACT MO MIWCEf+4TIONS W SUBUWNAwWM34TS Q GWrnLCOMMWIAL 0 msxE E iErnLrnTE Q ~LBJ~NES P F~~EBONAL 9) mflcmmm UA aBm99LBJSNE§AR~ST\nUGE W RANNDCOMMUNITYEV3OFMBil 9 SX3flCRAN C4 RAFIND~ffiCB4TW tRl RANNElmDBmALEV3OFMm CS ARIWALCOMMEKlAL CUP 11-18 SOT0 CHECK CASHING 261 0 SOUTH BRISTOL - PLANNING AND BUILDING AGENCY VICINITY MAP EXHIBIT 1 COMMERCIAL I r n ~JCEAC n v .CIAL COMMERCIAL CUP 11-18 SOT0 CHECK CASHING 261 0 SOUTH BRISTOL STREET PLANNING A N D BUILDING AGENCY LAND USE MAP EXHIBIT 2 d A W 'VNY VLNW Ls loLslJa 5 01% t 2- b4-0,Dt SWIA~~~ 016 40 olos130r Z-&J SOGI b -OIO* '03 6.1 06 OIOZ 'ON dd WYIwsfls nsnw ~rld ws FLOOR PLAN EXHIBIT 3 SITE PLAN EXHIBIT 4 REQUEST FOR Zoning Administrator A cti on ZONING ADMINISTRATOR MEETING DATE: PLANNING COMMISSION SECRETARY AUGUST 31,201 1 APPROVED TITLE: As Recommended PUBLIC HEARING - FILED BY PAULA HALVERSON As Amended FOR CONDITIONAL USE PERMIT NO. 201 1-1 7 Set Public Hearing For FOR A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE DENIED CONTROL LICENSES FOR THE WINE CLUB AT 1431 Applicant's Request O Staff Recommendation SOUTH VILLAGE WAY CONTINUED TO Prepared by Vince Fregoso -e A%% Planning ~&a~er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 201 1-17 as conditioned. Request of Applicant Paula Halverson, on behalf of The Wine Club, is requesting approval of a conditional use permit for a Type 21 and Type 42 Alcoholic Beverage Control (ABC) licenses for ,the on and off-premise sale and consumption of beer, wine and distilled spirits at 1431 South Village Way. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The Wine Club is proposing to occupy a 12,000 square foot space within a vacant, 24,360 square- foot building at 1431 South Village Way. The building is one of nine buildings within McFadden Place, a 275,536 square foot retail and industrial center. The center is anchored by a Roger Dunn Golf Shop retail store and several smaller retail and light industrial uses. A total of 807 parking spaces are provided on the premises. The site is surrounded by commercial and industrial uses north, the Santa Ana Auto Mall and the BNSF railroad tracks to the south, and industrial uses to the east and west (Exhibits 1 and 2). Proiect Description The Wine Club, currently located at 2110 East McFadden Avenue, is intending to relocate approximately one-quarter mile south of their current Santa Ana site to a larger space within McFadden Place. Despite its name, The Wine Club does not operate as a membership-based club Conditional Use Permit No. 201 1-17 August 31,201 1 Page 2 but is open to the general public. In conjunction with the relocation, The Wine Club proposes to obtain a Type 21 Off-Sale General (off-premise sale of beer, wine and distilled spirits) and a Type 42 On-Sale Beer and Wine Public Premise (on-premise consumption of beer and wine for persons over 21 years old) ABC licenses. The Type 21 license will be to allow the off-site sale of beer, wine and special distilled spirits to the public, while the Type 42 license will allow wine tasting events to occur on the premises. The 12,000 square foot space will be utilized for various uses, including wine sales, wine lockers, wine storage, and general office. In addition, a small retail con~ponent will be provided for the sale of wine related accessories such as glasses, bottle openers, and other wine-related paraphernalia. A wine tasting area will also be incorporated into the floor plan to accommodate special wine tasting events. Minor exterior improvements, including the installation of storefront windows and a new entry door, are also part of this project. The proposed hours of operation are Monday through Saturday from 10:OO a.m. to 7:00 p.m. and Sunday from 11 :00 a.m. to 6:00 p.m. (Exhibits 3, 4, and 5). Project Background The Wine Club has three locations in California: two in the San Francisco Bay Area and one in Santa Ana. The company is open to the public and specializes in wine sales and the sale of wine-related accessories. Stores also feature small tasting areas as well as wine lockers where customers may rent space to store wine. This business is intending to submit plans for tenant improvements at its new location once the conditional use perrr~it has been approved. In 1988, Conditional Use Permit (CUP) No. 1988-08 was approved for the McFadden Place development. This conditional use permit allowed the conversion of existing industrial square footage to retail space provided the retail uses complied with the City's parking standard. The CUP allowed a maximum of 123,858 square feet of retail space, which has not been exceeded. General Plan and Zoning Consistencv The General Plan land use designation for the site is lndustrial (IND). lndustrial districts provide employment opportunities for local residents, and generate municipal revenues for continued economic development. The project site is consistent with this General Plan land use designation. The parcel is located within the Light lndustrial (M-I) zoning district. The M-I zoning district allows for support retail and service uses such as The Wine Club, making the proposed use consistent with the zoning code. Proiect Analvsis 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: Conditional Use Permit No. 201 1-17 August 31,201 1 Page 3 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 adversely will not 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage control licenses will allow the existing establishment to continue its operations and sales within the City of Santa Ana. The Wine Club has currently outgrown its existing location on East McFadden Avenue. The conditional use permit for the ABC licenses will allow it to expand its operations at a new location close to its existing facility while continuing to serve existing and new clientele. 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. The proposed licenses for the on and off-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 licenses 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 retail use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the facility to corr~pete with other wine merchants in tlie area that also offer alcoholic beverages for sale to their guests and other visitors. Further, the establishment is proposing to double the size of its facility, which will identify the location as an economically viable business and will improve its economic competitiveness. Conditional Use Permit No. 201 1-1 7 August 31,201 1 Page 4 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a business selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for retail uses that sell alcohol. 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 wine merchant with an ancillary tasting area provides a retail service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. 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 p~rblic and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life, impact police resources in the area, and aggravate existing conditions. The proposed Type 42 ABC license for the on-site cons~.rmption of beer and wine is a regulated use as defined by SAMC 41-191(b)(5). Those uses are specifically regulated because the intensive nature of the use can create harmful impacts on the commurrity. An analysis of the area has determined that no adjacent land uses, as defined by SAMC 41-191 subsections (c) and (d), were found that may be impacted by this operation. Further, the purpose of the Type 42 license is not for a typical regulated use but to allow wine tasting events. The conditions of approval, in conjunction with the operational standards of The Wine Club, are satisfactory to address any potential impacts. Several factors were considered when reviewing the off-sale component of this application, such as crime rate, overconcentration and sensitive land uses. The Police Department has determined that 1431 S. Village Way is located in an area that is average in police-related incidents. This site is located within reporting district No. 247, which ranks 93rd out of 102 citywide districts in total number of police-related incidents. However, no sensitive land uses were identified in the area. Moreover, this location does not meet the City's definition of overconcentration. State overconcentration standards are not triggered since this license is simply relocating within the sanie census tract. Since there are no high crime or overconcentration issues, the Police Department recommends approval of this application provided that conditions are imposed to mitigate any negative impacts to the community. Conditional Use Permit No. 201 1-1 7 August 31,201 1 Page 5 Public Notification The project site is not located within an existing established neighborhood. 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 electrorric, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 201 1-45 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 201 1-17 as conditioned. Ali ~ezeshkpourC/ Planning Division AP:vf:mr vf\reports\CUP\CUPI 1-17 The Wine Club.ZAO83111 Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Zorring Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan Exhibit 5 - Elevation -6 PARKING MODIFICATION PRD PLANNE C1 COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R1 SINGLE-FAMILY RESIDENCE CI-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT MI LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTSVILLAGE 0 OPENSPACE RE RESIDENTIAL ESTATE C4 PLANNEDSHOPPING CENTER -02 OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIALCOMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CUP 11-17 THE WINE CLUB A &" 1431 SOUTH VILLAGE WAY - - = 500 FEET 1" = 1000 FEET PLANNING AND BUILDING AGENCY VICINITY MAP EXHIBIT 1