HomeMy WebLinkAbout31A - CUP -1445 S MAIN STi i
CITY COUNCIL MEETING DATE:
TITLE;
CONDITIONAL USE PERMIT NO. 2016-21 TO
ALLOW A TYPE 21 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR DOLLAR GENERAL
STORE LOCATED AT 1445 SOUTH MAIN
STREET - STEVE RAWLINGS, APPLICANT
(STRAY LAN NO 3, 2)
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
R37:
Conditional Use Permit No. 2015 -21
December 1, 2015
Page 2
FISCAL. IMPACT
There is no fiscal impact associated with this action,
Z 1 assan Hagha i, AI P
. Executive Director
Planning & Building Agency
VC:rb
WReporla\GUP15 =21 Dollar General Type 21 ABC, cc,
Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST O s.
� ! a
NOVEMBER 9, 2015
TITLE:
PUBLIC BEARING — FILED BY STEVE RAWLINGS
FOR CONDITIONAL USE PERMIT NO, 2015-21
TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR DOLLAR GENERAL STORE
LOCATED AT 1445 SOUTH MAIN STREET
(STRATEGIC PLAN NO. 3,2)
Prepared by VernCarvajal
APPROVED
❑
As Recommended
•
As Amended
•
Set Public Nearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
_. ecu e Director Acting Pl in Manager__—..._. --
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2015 -21.
2. Authorize the Planning Division to prepare a Letter of Public Convenience and Necessity due to the
crime rate in the area.
Reguest of Applicant
Steve Rawlings, representing Dollar General Store, is requesting approval of a conditional use permit
for a Type 21 Alcoholic Beverage Control (ABC) license to allow the off - premise sale of beer, wine
and distilled spirits at an existing Dollar General Store located at 1445 South Main Street.
Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to
Section 41 -196 of the Santa Ana Municipal Code (SAMC).
Project Location and Site Description
Dollar General is currently located on a 1.6 acre, irregular shaped parcel of land located on the
northeast corner of Main Street and Edinger Avenue. The building is 20,704 square feet in size and is
located on an integrated development site that shares parking and access with an adjacent 11,700
square foot multi- tenant building that is south of the Dollar General building. A total of 105 parking
spaces are provided for the site.
The General Plan land use designation for this site is General Commercial (GC), and is located within
the General Commercial (C -2) zoning district. Surrounding land uses include commercial uses to the
north, south and west, and residential uses to the east (Exhibits 1, 2, and 3).
EXHIBIT A
31A-3
Conditional Use Permit No. 2015 -21
November 9, 2015
Page 2
Protect Descrintion
Dollar General is requesting approval of a Type 21 ABC license to allow the off - premise sale of beer,
wine and distilled spirits within the retail establishment. No changes are proposed to be made to the
building or site as part of this application. The facility currently operates from 7:00 a.m. to 11 :00 p.m.,
seven days a week, with the hours of operation to remain as is.
Storage and display areas for alcohol will be centralized to be located within an alcohol aisle of the
store. The overall storage area for the alcoholic beverages will consist of approximately 100 square
feet, which is approximately one -half of a percent (0.5) of the gross floor area of the building
(Exhibits 4 and 5).
Project Background
Dollar General is a retail operator based in Tennessee that has been in operation for over 75 years.
Dollar General has more than 12,000 stores in 43 states and is the largest small -box discount
retailer by sales. In 2014, Dollar General rehabilitated and occupied a former drug store building
that has been vacant since 2007. The operator made several improvements to the site to bring the
site closer into compliance with the provisions of the Zoning Code, including the repaving and restriping
of the parking lot, the installation of new landscaping, and the removal of illegal sjgnage. Dollar
General is now proposing the ancillary sale of alcoholic beverages within the store in order to provide
an added convenience to its customers and a one -stop shopping experience.
Protect Analvsjs
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 proposed project will not adversely impact the
community. 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.
Dollar General is requesting a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC)
license. Staff is supportive of the applicants request for the Type 21 ABC license for the following
reasons. First, pursuant to SAMC Section 41- 196(c)(d), the subject site is exempt from
overconcentration and separation requirements for off -sale establishments as the subject building
exceeds 10,000 square feet in size. Second, the site will be in compliance with all standards of SAMC
Section 41- 196(g), which govern the off - premise sale of alcoholic beverages (Exhibit 6). Staff is
confident that these 26 operational standards will mitigate potential impacts on the adjacent uses,
ensure the use does not become an attractive nuisance and will not negatively affect the surrounding
community.
31A-4
Conditional Use Permit No. 2015 -21
November 9, 2015
Page 3
Third, the proposed Type 21 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 and other general merchandise found in the store. Dollar General can better serve the
community by providing an added convenience and a one -stop shopping experience. Fourth, Dollar
General is an established grocery chain with a series of policies and procedures, including an
employee training program focused on security and alcohol responsibility, which will ensure that the
sale of alcoholic beverages are handled in a responsible manner. Fifth, the ABC license will allow
Dollar General to remain competitive with similar uses in the area which offer beer, wine and
distilled spirits sales as part of their retail operations. Finally, the proposed ABC license will be
consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land
Use Element, which encourage land uses that enhance the City's economic and fiscal viability, that
mitigate any potential impacts, and are compatible with and supporting of surrounding land uses.
Dollar General is currently located in a commercial area and on a commercial corridor, with its
operations and proposed ABC license compatible with the surrounding commercial businesses.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated
with alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the
Police Department analyzes the crime rate in the area by matching the location of the business'
census tract to the corresponding Police Grid, The City of Santa Ana is broken up into 102 police
reporting grids. The Police Department generates an annual report of Citywide Incident Rankings
which ranks these reporting grids based on police activity. Those grids in the top 20 percent of
activity are considered high crime and are further scrutinized for issues of over concentration.
The Police Department then compares the number of such crimes in the reporting district as
compared to the number of crimes in other reporting districts. In keeping with the standard used by
State ABC and Business and Professions Code, should the Police Department determine that the
reporting district has a 20 percent greater number of reported crimes than the average number
found in all reporting districts, the Police Department will consider this information in making its
recommendation.
Dollar General is located in Reporting District No. 157. According to Citywide Crime Stats for 2014,
the grid ranks 17t" out of 102 police reporting grids, which places it in the 16t� percentile for high
crime with 572 reported incidents and within the highest 20 percent for crime. The Citywide average
for incidents is 376. Within the last 365 days, there were 52 reported incidents at this location, with
15 actual crime reports generated. That averages out to one reported Incident per week and on
actual report every four weeks. Although located in an area that is higher than average for crime,
the Police Department contends that the operational standards applicable to the off -sale ABC
license will mitigate any potential negative impacts to the surrounding community. However, due to
the crime rate in the area, a Letter of Public Convenience and Necessity will be required for the
project.
31A-5
Conditional Use Permit No. 2015 -21
November 9, 2015
Page 4
The Police Department also reviews the number of ABC licenses within the census tract which the
site is located for potential overconcentration issues. A review of local census tracts has determined
that Dollar General is located in Census Tract 746.02. The ABC Department has determined that
11 on -sale licenses and five off -sale licenses are permitted within this census tract to service the
local community. Currently, there are only three on -sale licenses and three off -sale licenses active
in the census tract, which means the census tract is not over concentrated with ABC licenses.
Public Notification
The project site is located within the Madison Park Neighborhood Association and adjacent to the
Memorial Park and Wilshire Square Associations. Staff contacted the presidents of the
Neighborhood Associations, who identified no concerns with the project. The project site was also
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 and tenants within 500 feet of the
project site. At the time of printing of this report, no areas of concern were raised, nor had any
correspondence, either written or electronic, 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 15301. The Class '1 exemption allows the operating, permitting and
licensing of existing private structures with negligible or no expansion of the existing use. The
proposed application is to approve an alcoholic beverage control license and allow the sale of distilled
spirits within an existing structure that is already served by municipal services, such as roadways,
utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015 -94
will be filed for this project.
Strategic Plan All nr ment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective
No. 2 (create new opportunities for business /job growth and encourage private development through
new General Plan and Zoning Ordinance policies).
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2015 -21.
Verny Carvajal
Principal Planner
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vc \Repons=1`15-21 Dollar General Typo 21 ABC. pc
31A-6
Conditional Use Permit No, 2015 -21
November 9, 2015
Page 5
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit A — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for Off -Sale Establishments
31A-7
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31A-9
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EXHIBIT 6 $ N °
Sec. 41.196. Establishments selling alcoholic beverages.
Operational standards for off -sale establishments. The following operational standards
shall be included in the conditions of approval for the conditional use permit required
pursuant to Section 41 -196
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 twenty -four
(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
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.
EXHIBIT 6
1of3
31A -13
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 sixteen (16) ounces 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
I 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 anytime by temporary or permanent signage.
17. Window displays must be kept to a minimum for maximum visibility and shall not
exceed twenty -five (25) per cent of window coverage.
18. Window displays and racks must be kept to a maximum height of three (3) feet
including merchandise.
19. A timed - access cash controller or drop safe must be installed.
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 door jamb
of all doors used by the public to access the store. Horizontal marks, one (1) inch
wide by three (3) inch long, in different colors, and in a contrasting color to the
background, shall be placed every six (6) inches beginning at five (5) feet and
ending at six (6) feet six (6) inches.
2of3
31A -14
22, No person under the age of twenty -one (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 (1) 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 (1) 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
sixty (60) days.
e) If video tape is used, tapes cannot be taped over more than six (6) 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.
3of3
31A-15
LS 11.2.15
RESOLUTION NO. 2015 -36
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -21 AS CONDITIONED TO ALLOW
A TYPE 21 ALCOHOL BEVERAGE CONTROL LICENSE
FOR THE PROPERTY LOCATED AT 1445 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -21 for a
Type 21 Alcoholic Beverage Control (ABC) license to allow the off - premise
sale of beer, wine and distilled spirits at an existing retail store located at
1445 South Main Street.
B. Santa Ana Municipal Code Section 41 -196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
either on -site or off -site consumption.
C. On November 9, 2015, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -21.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC)
Section 41 -638, have been established for Conditional Use Permit No.
2015 -21 to allow a Type 21 ABC license for an existing store:
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed Type 21 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
merchandise that is available to the general public. The
ABC license will not negatively affect the surrounding
community as standards are applicable to the license that
will reduce potential impacts and avoid the potential for an
Resolution No. 2015 -36
Page 1 of 5
31A -16
attractive nuisance being established. By adding alcoholic
beverages to the other items already offered in the store,
Dollar General can better serve the community by providing
added convenience and a one -stop shopping experience.
2. 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.
The proposed ABC license will not be detrimental to persons
residing and working in the area as operational standards
will ensure that the use will not create any negative or
adverse impacts. Dollar General is an established chain
with alcohol related policies and procedures, including an
employee training program focused on security and alcohol
responsibility, which will ensure that alcohol sales are
handled in a responsible manner.
3. That the proposed use will not 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 Dollar General to remain
competitive with similar uses in the area which offer alcohol
sales as part of their retail operations.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol license will be in compliance with all
applicable regulations and operational standards found in
Chapter 41 of the Santa Ana Municipal Code regarding off -
premise alcohol licenses. Operational standards will 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. 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.
Resolution No. 2015 -36
Page 2 of 5
31A -17
The proposed use will not adversely affect the City's General
Plan. 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. Further, the project is
consistent with Policy 2.2 of the Land Use Element, which
encourages land uses that accommodate the City's needs
for goods and services. A full- service supermarket with an
ancillary alcohol license provides a service to Santa Ana
residents and visitors, especially those in the central section
of the City. Furthermore, the license is consistent with Policy
2.8 of the Land Use Element, which encourages increased
levels of capital investment. Further, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. Operational
standards for the proposed Type 21 ABC license will
maintain a safe and attractive environment at the shopping
center. Retail establishments and regulated uses such as
ABC licenses are permitted within the General Commercial
(GC) General Plan land use designation. Finally, Policy 5.5
of the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
Dollar General is currently located in a commercial area and
its operations will be compatible with the surrounding
commercial businesses.
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 operating, permitting and licensing of existing private structures with
negligible or no expansion of the existing use. The proposed application is to
approve an alcoholic beverage control license and allow the sale of beer, wine and
distilled spirits within an existing structure that is already served by municipal
services, such as roadways, utilities, and parking in a variety of forms. Categorical
Exemption Environmental Review No. 2015 -94 will be filed for this project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the negligence of the
City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2015 -21 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 1445
South Main Street. This decision is based upon the evidence submitted at the
Resolution No. 2015 -36
Page 3 of 5
31A -18
abovesaid hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated November 9, 2015, and exhibits attached thereto; and, the
public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 9th day of November, 2015.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2015 -36 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 9, 2015,
Date:
Commission Secretary
City of Santa Ana
31A -19
Resolution No. 2015 -36
Page 4 of 5
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2015 -21
Conditional Use Permit No. 2015 -21 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 approval.
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
The site shall remain in compliance with operational standards for off -sale
establishments as required pursuant to Section 41 -196 of the Santa Ana
Municipal Code (SAMC).
Resolution No. 2015 -36
Page 5 of 5
31A-20