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HomeMy WebLinkAboutRESO 2016-40_2840 S Bristol St (Aldi Market ABC)LS 11.7.16 RESOLUTION NO. 2016-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-38 TO ALLOW THE OFF -SALE OF ALCOHOLIC BEVERAGES AT ALDI MARKET LOCATED AT 2840 SOUTH BRISTOL 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. 2016-38 to allow an off -sale Alcoholic Beverage Control (ABC) license. B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for off-site consumption of beer and wine that is ancillary to the primary retail use. C. On November 14, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-38. D. The Planning Commission 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. 2016-38 to allow for an off-site ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The sale of alcoholic beverages for off -premise consumption at this location 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 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 alcoholic beverages to the other items already offered in the store, Aldi can better serve the community by Resolution No. 2016-40 Page 1 of 4 providing added convenience and a one-stop shopping experience. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of alcoholic beverages for off -premise consumption at this location 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. Aldi 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 distilled spirits 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 sale of alcoholic beverages for off -premise consumption 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 Aldi to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their retail operations. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The sale of alcoholic beverages for off -premise consumption at this location will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off -premise general liquor 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 or any specific plan of the City. The sale of alcoholic beverages for off -premise consumption at this location will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A grocery store with an ancillary alcohol license will provide an additional service to Santa Ana residents and Resolution No. 2016-40 Page 2 of 4 visitors, especially those to area, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and 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 off -premise ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element 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. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Aldi grocery store 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 (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the off -premise sale of alcoholic beverages at a full-service supermarket within an existing structure. It has been found by the City's development review agencies that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016-123 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 sole negligence of the City of Santa Ana. Resolution No. 2016-40 Page 3 of 4 Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-38, attached 4 hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 14, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of November, 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Mendoza (1) ABSTENTIONS: Commissioners: None (0) U1, L&finette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:. Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 14, 2016. Date: ] �) �J 6 Acting Recording Secretary r City of Santa Ana Resolution No. 201640 Page 4 of 4