HomeMy WebLinkAboutRESO 2018-08_2429 W MCFADDEN AVERESOLUTION NO. 2018-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2017-31 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR OFF -PREMISES
CONSUMPTION AT S RANCHO MARKET LOCATED AT
2429 WEST MCFADDEN AVENUE, UNITS 101 AND 102
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. The owner of S Rancho Market, Tulasi Gyawali ("Applicant'), is requesting
approval of Conditional Use Permit No. 2017-31 to allow the sale of
alcoholic beverages for off -premises consumption at an existing market
located at 2429 West McFadden Avenue, Units 101 and 102.
B. S Rancho Market currently operates with a Type 20 (beer and wine) off -
sale alcoholic beverage control (ABC) license within Unit 102.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off -premises consumption.
D. On February 26, 2018, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2017-31.
E. 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. 2017-31 to allow the sale
of alcoholic beverages for off -premises consumption:
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 expansion at this location will continue to
provide a service and convenience to the community as it
has for the past 29 years. Operational standards applied to
the alcoholic beverage use by the SAMC will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
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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 expansion at this location will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity because the operational standards
required by the SAMC will address any potential negative or
adverse impacts created by the use. S Rancho Market is an
existing market serving the surrounding vicinity and the
proposed expansion will not be detrimental to the
community. All of the operational standards identified in
SAMC Sec. 41-196(f) will apply to this establishment.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed expansion and sale of alcoholic beverages will
not adversely affect the economic stability of the area.
Moreover, the expansion will allow S Rancho Market to better
facilitate its business operations and further contribute to the
overall success of the City of Santa Ana.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed expansion, sale of alcoholic beverages and
conditional use permit will be in compliance with all applicable
regulations and operational standards imposed on a market
selling alcoholic beverages for off -premises consumption
pursuant to Chapter 41 of the SAMC. Operational standards
will ensure the permitted alcohol sales 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.
The proposed expansion and sale of alcoholic beverages for
off -premises consumption at this location will not adversely
affect the General Plan. The granting of this conditional use
permit supports several policies contained in the General
Plan. Policy 2.2 of the Land Use Element encourages land
uses that accommodate the City's needs for goods and
services. Policy 5.3 of the Economic Development Element
aims to simplify development permit requirements, and
assist businesses with permit processing. S Rancho Market It
Resolution No. 2018-08
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is located in a commercial center and its operation is
compatible with the surrounding land uses.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
the recommended action is exempt from CEQA per Section 15301. Class 1 consists of
the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of
existing public or private structures involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination. The project involves minor
interior alterations to demolish a wall within an existing commercial building.
Section 3. 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.
Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2017-31 for the project
located at 2429 West McFadden Avenue, Units 101 and 102. 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 February 26, 2018, and exhibits
attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 26th day of February, 2018.
AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO,
MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7)
NOES: Commissioners: NONE
ABSENT: Commissioners: NONE
ABSTENTIONS: Commissioners: NONE
* '?2�441
Resolution No. 2018-08
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
BY :'��zJC—
Lisa S�ck�
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2018-08 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 26, 2018.
Date: �b O3ww�,C66U'.1
Commission Secretary
City of Santa Ana
Resolution No. 2018-08
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