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HomeMy WebLinkAbout1 - CUP18-11 18-12_1606 S STANDARD AVENUE1-1 1 - 2 1-3 1 - 4 1-5 This page left blank intentionally. 1-6 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-11 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2018-12 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT LA BAHIA DE ACAPULCO MARKET AND RESTAURANT LOCATED AT 1606 SOUTH STANDARD AVENUE, UNIT 101 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. Roberta Hurtado (“Applicant”), owner of La Bahia De Acapulco Market and Restaurant, is requesting approval of Conditional Use Permit No. 2018-11 to allow the sale of alcoholic beverages for off-premises consumption and Conditional Use Permit No. 2018-12 to allow the sale of alcoholic beverages for on-premises consumption at an existing market and restaurant located at 1606 South Standard Avenue, Unit 101. B. La Bahia De Acapulco Market and Restaurant currently operates with a Type-20 (beer and wine) off-sale alcoholic beverage control (ABC) license and is requesting approval to allow operation of a Type-41 (beer and wine) off-sale ABC license. 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 June 11, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2018-11 and 2018-12. 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. 2018-11 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. La Bahia De Acapulco currently operates with a Type-20 (beer and wine) ABC license and approval of the conditional 1-7 EXHIBIT 1 use permit (CUP) will bring the use into compliance with the Santa Ana Municipal Code, as off-premises consumption is currently taking place as a legal non-conforming use. In addition, the establishment will continue to provide a service and convenience to the community as it has for numerous past years. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 existing establishment has not been a detriment to the health, safety, or general welfare of persons residing or working in the vicinity over the past years and will continue to not be detrimental. In addition, the operational standards applicable will mitigate any potential negative or adverse impacts created by the use. 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 existing sale of alcoholic beverages for off-premises consumption has not adversely affected the economic stability of the area and will actually enhance the economic stability of the area. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Conditional Use Permit No. 2018-11 will bring the use into compliance with Chapter 41 of SAMC and the establishment will comply with all applicable regulations and operational standards applicable to establishments with off-premises consumption. Operational standards will ensure that the establishment 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. 1-8 The existing off-sale consumption of alcoholic beverages has not and will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan such as 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. La Bahia De Acapulco is located in a commercial center and its operation is compatible with the surrounding land uses. F. 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. 2018-12 to allow the sale of alcoholic beverages for on-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 sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages to enjoy with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to those living or working in the area because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by this use. La Bahia De Acapulco is a restaurant and market and the sale of alcohol for on premises consumption will be ancillary to the primary uses. 1-9 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the establishment to compete with other nearby establishments that also offer beer and wine to their guests and provide a one-stop experience to its visitors. Moreover, the offering of alcoholic beverages will allow La Bahia De Acapulco to remain economically viable and competitive and 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 establishment will be in compliance with all applicable regulations and standards imposed to establishments selling alcoholic beverages for on-premise consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a bona-fide eating establishment, having a suitable kitchen and offering an assortment of food dishes. 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 sale of alcoholic beverages for on-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 such as 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. La Bahia De Acapulco 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 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-premises sale of alcoholic beverages and the on-premises sale of alcoholic beverages at a full-service restaurant and market within an existing structure. 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 and no expansion of square footage is proposed. 1-10 Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees (“Indemnitees”), from any and all liability, claims, actions or proceedings that may be brought against Indemnitees to attack, review, set aside, void or annul the decision of the Indemnitees concerning this permit, any environmental review or approval, or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validy of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with any such proceeding. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-11 and Conditional Use Permit No. 2018-12 as conditioned as set forth in Exhibit A, attached hereto and incorporated herein, for the property located at 1606 South Standard Avenue, Unit 101. 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 June 11, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of June, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-12 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2018-11 and 2018-12 Conditional Use Permits Nos. 2018-11 and 2018-12 for off-premises and on-premises consumption of alcoholic beverages at 1606 South Standard Avenue, Unit 101, are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal 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 these two (2) conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit(s). 1.The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-sale establishments pursuant to Section 41-196(g) of the Santa Ana Municipal Code (SAMC). 2.Onsite landscaping shall be maintained in accordance with all applicable SAMC sections and the Citywide Design Guideline requirements at all times. 3.The following on-site improvements shall be performed prior to the release of this resolution: a.Remove all barrels located on site. b.The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet, six (6) inches wide and eighteen (18) feet long. c.Fill in pavement cracks with a layer of slurry seal as needed. d.Restore the damaged 6-inch landscape curb of the landscape planter located adjacent to the Standard Avenue driveway. e.Once these conditions and improvements have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions and improvements have been met and will release the resolution to the Applicant. 1-13 . CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco1606 S. Standard Ave, Unit 101 Exhibit 2 - Vicinity Zoning & Aerial Map Santa Ana Boundary Zoning 180 feet 1-14 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 3 – Site Photo 1-15 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 4 – Site Plan 1-16 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 5 – Floor Plan Alcohol Storage/ Display Area 1-17 This page left blank intentionally.