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Home My WebLink About2007-34 RESOLUTION NO. 2007-34 LCP 8/23/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2007-04 AND APPROVING CONDITIONAL USE PERMIT NO. 2007- 11 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE CROSBY RESTAURANT LOCATED AT 400 NORTH BROADWAY WITH MODIFICATIONS OF CONDITIONS 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 applicant, Phil Nisco, on behalf of The Crosby restaurant, is requesting approval of Conditional Use Permit No. 2007-11 to allow a Type 41 Alcoholic Beverage Control license for the on-premise sale of beer and wine at The Crosby restaurant at 400 North Broadway. The Crosby restaurant is located on the northwest corner of Fourth Street and Broadway, within the historic Philips Block building. The restaurant will occupy a total 2,900 square foot space, with approximately 1,900 square feet ground floor area facing Broadway as well as a 1,000 square foot basement area. The Crosby restaurant will be a sit-down eating establishment that offers gourmet pizzas, salads and pastas to its customers. Hours of operation for the restaurant will be from 11:00 a.m. to 2:00 a.m. on Monday through Friday, Saturday 5:00 p.m. to 2:00 a.m., and closed on Sundays. B. On July 18, 2007, Conditional Use Permit No. 2007-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing. The Zoning Administrator continued the hearing on Conditional Use Permit No. 2007-11 to July 25, 2007. C. On July 25, 2007, Conditional Use Permit No. 2007-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing. The Zoning Administrator continued the hearing on Conditional Use Permit No. 2007-11 to August 1, 2007. D. On August 1, 2007, Conditional Use Permit No. 2007-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing. The Zoning Administrator approved the Conditional Use Permit No. 2007-11 with modifications to Police Condition No. 22. Resolution No. 2007-34 Page 1 of 6 •_ E. On August 10, 2007, the applicant appealed Police Condition No. 3, which states "[a]t all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage." F. On August 10, 2007, the applicant appealed Police Condition No. 17, which states "[t]he sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m." G. On August 27, 2007, Appeal No. 2007-04 and Conditional Use Permit No. 2007-11 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing, at which the Commission considered all documents and public testimony. H. Santa Ana Municipal Code Section 41-643 allows the Planning Commission to review the decision of the Zoning Administrator and confirm the Zoning Administrator's decision if said decision is just and within the limits of Chapter 41, Article V. I. On August 27, 2007, the Planning Commission of the City of Santa Ana, finding that the decision of the Zoning Administrator was just and within the limits of Chapter 41, Article V, confirmed the Zoning Administrator's approval of Conditional Use Permit No. 2007-11 with modifications to Police Condition No. 22, and at the request of staff, agreed to delete Condition No. 3 and modify Condition No. 6. J. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. K. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license use will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential adverse impacts created by the use and ensure that the use will not negatively affect the surrounding • community. Resolution No. 2007-34 Page 2 of 6 • 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 on-premise beer and wine license at The Crosby restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The Crosby restaurant is situated in the downtown district and is located within the historic Philips Block building. Alcoholic beverages on the menu at The Crosby restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. Additionally, several eating establishments with alcohol beverage licenses are currently located within the downtown and have not negatively impacted the surrounding residential and business community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) land use Resolution No. 2007-34 Page 3 of 6 • designation which emphasizes the area as a major commercial corridor for the City. L. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2007-11 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2007-11 as modified, and denies the applicant's appeal. The Commission agrees to delete Condition No. 3 and modify Condition No. 6 as recommended by staff. 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 August 27, 2007, and exhibits attached thereto; the two (2) Appeal Applications filed by the applicant and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of ~ AYES: Commission member: NOES: Commission member: • ABSTAIN: Commission member: ABSENT: Commission member: august, 2007. Alderete, De La Torre, Gartner, Leo, Mill, Munoz (6) None (0) None (0) Betancourt (1) Approve Appeal No. 2007-04 of Police Department Condition No. 17 to allow alcohol beverage sales from 10:00 a.m. until 2:00 a.m. AYES: Commission member: Alderete, De La Torre, Gartner, Munoz (4) NOES: Commission member: Leo, Mill (2) ABSTAIN: Commission member: None (0) ABSENT: Commission member: Betancourt (1) (~N~ . i~ Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. Resolution No. 2007-34 Page 4 of 6 Lorena C. Penaloza Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-34 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 27, 2007. Date: ~(/~ Clerk of the Planning Com ion City of Santa Ana CJ Resolution No. 2007-34 Page 5 of 6 • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-34 (Appeal No. 2007-04/Conditional Use Permit No. 2007-11) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Philip Nisco 1228 North Broadway, #6 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 27, 2007 at Santa Ana, California. MARTHA R REZ • Resolution No. 2007-34 Page 6 of 6