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HomeMy WebLinkAbout31A - CUP - LOS CORALES - 2629 WESTMINSTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2014 TITLE, CONDITIONAL USE PERMIT NO. 2014 -13 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE MARISCOS LOS CORALES RESTAURANT AT 2629 WESTMINSTER AVENUE - MARISCOS LOS CORALE PPLICANT CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rillJ:i�1�L� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -13 as conditioned. PLANNING COMMISSION ACTION On June 23, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2014 -13 as conditioned by a vote of 7:0 which approved an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control license for the on- premise sale and consumption of beer, wine and distilled spirits at Mariscos Los Corales Restaurant at 2629 Westminster Avenue located in the Community Commercial (Cl) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Mariscos Los Corales Restaurant currently operates within a single- tenant building that is located at the northeast corner of Westminster Avenue and Sydney Street. The site is 0.31 acres in size, is square shaped and contains a 1,216 square foot building that was constructed in 1959 under the County's Jurisdiction. The approval of the CUP would allow for the sale and service of beer, wine and distilled spirits in conjunction with food sales. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for businessfjob growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 Conditional Use Permit No. 2014 -13 July 15, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. t FuQLVYyG- Karen Haluza Interim Executive Director Planning & Building Agency AN:rb AmW 1p plaa mm21CUP14 -13. LosG=1es.= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action F01UN JUNE 23, 2014 TITLE: MEETING DATE: PUBLIC HEARING — FILED BY MARISCOS LOS CORALES FOR CONDITIONAL USE PERMIT NO, 2014 -13 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE MARISCOS LOS CORALES RESTAURANT AT 2629 WESTMINSTER AVENUE Prepared by Ann Hsin -An Ni Interim Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED T© f Actin ,Plate g Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -13 as conditioned. Request of Applicant Mariscos Los Corales Restaurant is requesting approval of a conditional use permit for an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine and distilled spirits at Mariscos Los Corales Restaurant at 2629 Westminster Avenue. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Project Location and Site Description Mariscos Los Corales Restaurant currently operates within a single - tenant building that is located at the northeast corner of Westminster Avenue and Sydney Street. The site is 0.31 acres in size, is square shaped and contains a 1,216 square foot building that was constructed in 1959 under the County's Jurisdiction. A total of 15 parking spaces are provided in a surface parking lot. The site is surrounded by retail uses to the east, west and south, and residential uses to the north (Exhibits 1, 2 and 3). Project Description Mariscos Los Corales restaurant is requesting approval to upgrade to a Type 47 Alcoholic Beverage Control (ABC) license and allow the on- premise sale of beer, wine and distilled spirits as part of the eating establishment. The restaurant is a full service, sit -down eating establishment that is 1,216 square feet in size and holds approximately 48 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 12:00 a.m., seven days per week. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -13 June 23, 2014 Page 2 The storage for alcoholic beverages will be inside of an existing refrigerator that is located in the kitchen. The overall storage of alcohol consists of approximately 48 square feet, which is four percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Standards for establishments serving alcoholic beverages (Exhibits 4 and 5). Project Background Mariscos Los Corales Seafood restaurant is a locally -owned and operated restaurant that specializes in Mexican seafood cuisine. This business has been operating at the present location since March, 2006. The building has been used by various commercial and eating establishment uses since it was constructed in 1959. The State Department of Alcoholic Beverage Control conducts an annual drawing for a limited number of new Type 47 (on -sale general) liquor licenses. Having been selected as part of this drawing, the applicant is now seeking to upgrade the license to allow the sale of distilled spirits in addition to beer and wine. If approved, the action will also entail the voiding of the existing CUP. A conditional use permit (CUP No. 2012 -25) was approved in 2012 to allow a Type 41 on -sale beer and wine license for Mariscos Los Corales restaurant. The applicant is requesting an upgrade of the existing Type 41 license to a Type 47 license. As a result, a new CUP is required for the restaurant. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Analysis 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 following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. 31A-4 Conditional Use Permit No. 2014 -13 June 23, 2014 Page 3 That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. + That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. 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. 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use, in addition, the use will occur within the premises and is incidental to the restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer beer, wine and distilled spirits for sale to their guests. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 31A-5 Conditional Use Permit No. 2014 -13 June 23, 2014 Page 4 • 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 and strengthens the economic vitality of the Community Commercial (C1) zoning district along Westminster Avenue, Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. Mariscos Los Corales has been in operation at the subject location since March 2006, with the commercial building on the project site occupied by retail and restaurants since the 1960s. The site is in compliance with all standards of SAMC Section 41- 196(8) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and ensure the site does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 2629 Westminster Avenue is located in Reporting District No. 84, an area that is 36 percent below the number of reported crimes than the average number reported for all crime reporting districts and is considered average in police - related incidents based on standards established under the Business and Professions Code Section 23958.4. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise and /or late night activity. Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP, provided that the proposed conditions of approval are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. 31A-6 Conditional Use Permit No. 2014 -13 June 23, 2014 Page 5 Public Notification The project site is not located within any Neighborhood Association but is near the Riverview and Edna Park Neighborhood Associations. Staff contacted the presidents of the associations, who identified no concerns with the project. Additionally, the project site was 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 this printing, no correspondence, either written or electronic, had 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 beer, wine and distilled spirits within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -33 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -13 as conditioned. '7 171 r, Ann Ni Associate Planner AN :jm An11Wp511p1ancomm2 =P14 -13. LosCoralas,pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4— Site Plan Exhibit 5 — Floor Plan Exhibit 6 — SAMC Sec. 41- 196(g): Operational Standards for On -Sale Establishments 31A-7 GARDEN OWL 8L �R 13 RI Al RI RI Rl xi —j Ri RI R Al " RI 1 RI = RI PRD RI . P Ri �PVIPINITPFNTH cii cl c2i 2 IC2Z&O PROJECT 9 1 "" - I' R2 Rl 7 41 Ai GINGKAORCUI CR aXIMEMALFESOMAL m SNGIEFAMILYIFMOINTIAL .13 MRINGMI oc GOVERVINTGE14TER FQ TVID FAMILY RSDI GSM COMMFOALSOUTHMAN Ml JUiTINDUMAL m MULTRJEDENFITYMULTIRLE cl (Y)MMUNITYCOMMEMAL M2 HFAWWOUSRAL FAMILYFEJDEIICE CI-MU ODMM. 00MMffuAt)MUa3JM DISTICT MID MIMPYOP&AITINS Rl S FFANARAIWMENIS m MEFALOOMMERCIAL 0 om"m FE FE3024T)ALMTE C3 CINTFALMNES p "FORMONAL ED spmrCOIExacw1m C3A CI SJSNESSARSTMLLACE KID R-ANNI5)0DMMU"TY0M05MNT 91 SWROPLAN C4 FLANNEDSHOPRNGCWTER pfu RANNEDRFGMlALDW' QFMETIT m AFTERALWMMOUAL --.k CUP 2014-13 MARISCOS LOS CORALES TYPE 47 ABC 4 2629 WEST WESTMINSTER AVENUE 500 FEEL 1" - 1000 FEET — P L A N N I N G A N 0 8 U I L D I N 0 A 0 E N 0 Y EXHIBIT 1 VICINITY MAP 31A-8 CUP 2014 -13 MARISCOS LOS CORALES TYPE 47 ABC 2629 WESTWESTMINSTER AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 z } J } H J 41 w 40 �V } rz ¢z -w M U L I- A M I L W R E I D E N E Q z 7w z Z c Q z x — ^� N N z ✓ V W z cC IN COMMERCIAL UJ p PRa�JEGT COMM . } S�TER V) AgamSg WESTMINSTER AVENUE C O M M. M. F. R, C O M M, C 0 M M MU LTI - FFlMILY RESIDENCE S,F.R CUP 2014 -13 MARISCOS LOS CORALES TYPE 47 ABC 2629 WESTWESTMINSTER AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 I O M _TNII aglKlJ LINIS A3NUAS 31A-1 1 9 a IN R Rl _TNII aglKlJ LINIS A3NUAS 31A-1 1 9 a < E I E El L: -j I 'k, O Lx CI L EXHIBIT 5- 31A-12 - - - - - - - - -- - - -ttTIM, 3 E I E El L: -j I 'k, O Lx CI L EXHIBIT 5- 31A-12 Sec. 41.196. Establishments selling alcoholic beverages. Operational standards for on -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 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control; prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older,. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -13 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height, 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free', "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section '12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A -14 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, 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. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. 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: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should Include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31A-15 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency, 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4 of 4 31A -16 ROH — 06/23/14 RESOLUTION NO. 2014 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -13 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2629 WESTMINSTER AVENUE 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 is requesting approval of Conditional Use Permit No. 2014- 13 for an upgrade from a Type 41 to a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 2629 Westminster Avenue. B. Conditional Use Permit No. 2014 -13 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 23, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. 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 will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -20 Page 1 of 5 31A -17 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 license for the on -sale consumption of beer, wine and distilled spirits at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within 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 proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer beer, wine and distilled spirits for sale to their patrons. 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, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the 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 and strengthens the economic vitality of the Community Commercial (Cl) zoning district along Westminster Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that Resolution No. 2014 -20 Page 2 of 5 31A -18 is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. 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 commercial building. Categorical Exemption Environmental Review No. 2014 -33 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -13 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 23, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of June, 2014. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Bauer, Gartner, Mill, Nalle, Eric Alderete Chairman 31A -19 Resolution No. 2014 -20 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2014. Date: Acting Commission Secretary of the Planning Commission City of Santa Ana 31A-20 Resolution No. 2014 -20 Page 4 of 5 Conditions for Conditional Use Permit No. 2014 -13 Conditional Use Permit No. 2014 -13 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 prior to exercising the rights conferred by this conditional use permit. 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 1. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. Exhibit A Resolution No. 2014 -20 Page 5 of 5 31A-21 31A-22