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HomeMy WebLinkAboutZA PACKET 11-30-2011If 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 II, 28 CFR 35.102] 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 a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING November 30, 2011 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: Vince Fregoso Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2011-23 (Ali Pezeshkpour) (Continued by Zoning Administrator: November 9, 2011 to November 16, 2011; November 16, 2011 to November 30, 2011) Filed by Hector Silva, on behalf of Northgate Gonzalez Market, to allow a Type 21 Alcoholic Beverage Control (ABC) license for the off premise sale of beer, wine and distilled spirits at 409 East Fourth Street located in the Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 28, 2011 PUBLICLY NOTICED: October 27, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-23 as conditioned. 2. Public Comments Adjournment Resolution No. 2011-XX Page 1 of 7 ROH – 11/30/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-23 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 409 EAST FOURTH 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. 2011-23 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 409 East Fourth Street. B. Conditional Use Permit No. 2011-23 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 9, 2011. At that time, the Zoning Administrator continued the matter for a public hearing on November 16, 2011. On November 16, 2011, the Zoning Administrator continued the matter to November 30, 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 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 an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general Resolution No. 2011-XX Page 2 of 7 merchandise to the general public. 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. By adding beer, wine, and distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one- stop shopping experience. 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 as the use, as conditioned, will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures including an employee training program focused on security and alcohol responsibility which will ensure that beer, wine, and distilled spirits 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 stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer beer, wine, and distilled spirits sales as part of their retail operations. 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 regarding off-premise general liquor licenses. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations Resolution No. 2011-XX Page 3 of 7 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 District Center (DC) 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. E. 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. 2011-45 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2011- 23. 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 November 9, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 30th day of November, 2011. _______________________ Vince Fregoso Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney Resolution No. 2011-XX Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-XXX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 30, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-XX Page 5 of 7 Conditions for Conditional Use Permit No. 2011-23 Conditional Use Permit No. 2011-23 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. 2011-19. 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. Submit a revised Shopping Cart Containment and Retrieval Plan for review and approval indicating the presence and operation of an electronic shopping cart containment system on the subject parcel. The system shall remain activated at all times. B. Police Department 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The petitioner 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 advertising directed to the exterior from within, 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. Exhibit A Page 1 of 3 Resolution No. 2011-XX Page 6 of 7 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 licensee(s) shall be removed or painted within 24 hours of being applied. 7. The petitioner(s) 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 petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant(s) shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. At all times that the premises is open for business the applicant(s) shall employ a minimum of one (1) uniformed, licensed security guard. Said guard(s) duty shall monitor parking areas and remain on the premises until the close of business. 11. The Chief of Police or his designate shall first approve every security guard employed by you. 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 permittee shall increase the number of uniformed, licensed security guards to a total number of guards as 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 State of California Department of Alcohol 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. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for “Dinner Wines” which have been aged two years or more and maintained in corked bottles. 14. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. Exhibit A Page 2 of 3 Resolution No. 2011-XX Page 7 of 7 15. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 16. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 ml. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 17. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m., each day of the week. 18. The Police Department shall review the operation after 90 days, six months, one year, and annually thereafter for modification or violations of any of the conditions of approval. 19. 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's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 20. Cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 21. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. 23. A timed-access cash controller or drop safe must be installed. 24. A silent armed robbery alarm must be installed. Exhibit A Page 3 of 3