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HomeMy WebLinkAbout31A - CUP - 819 S MAINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 6, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -18 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR MARISCOS EL CANGREJO NICE RESTAURANT LOCATED AT 819 SOUTH MAIN STREET — BLANCA TORIZ, APPLICANT CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: i:W2007will ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -18. PLANNING COMMISSION ACTION On July 14, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -18 by a vote of 6:0 (Gartner absent) to allow an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on- premise sale and consumption at Mariscos El Cangrejo Nice restaurant located at 819 South Main Street in the Commercial South Main (C -SM) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Mariscos El Cangrejo Nice restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer, wine, and distilled spirits as part of the existing eating establishment's operations. The restaurant is a full - service, 3,225- square foot sit - down eating establishment that holds approximately 99 seats within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are Monday and Tuesday from 10:00 a.m. to 10:00 p.m., and Wednesday through Sunday from 10:00 a.m. to 12:00 midnight. 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 business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 Conditional Use Permit No. 2014 -18 August 5, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. �( am Karen Haluza Interim Executive Director Planning & Building Agency AP:rb apWAReportstStaff Reports for CCIC UPI 4 -18 El Cangrejo Nice Type 47 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST A PLANNING COMMISSION MEETING DATE, JULY 14, 2014 TITLE: PUBLIC HEARING — FILED BY BLANCA TORIZ FOR CONDITIONAL USE PERMIT NO, 2014 -18 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR MARISCOS EL CANGREJO NICE RESTAURANT LOCATED AT 819 SOUTH MAIN STREET Prepared by Ali Pezeshkpour t.0 l Interim Executive Ri PLANNING COMMISSION S E�eRETJ Y APPROVED 171 As Recommended • As Amended • Set Public Hearing For DENIED • Applicants Request • Staff Recommendation CONTINUED TO Adopt a resolution approving Conditional Use Permit No, 2014 -18. Request of Applicant Mariscos El Cangrejo Nice, represented by Blanca Toriz on behalf of Karina Onofre of Santa Ana Property Management, is requesting approval of a conditional use permit (CUP) to upgrade an existing Type 41 ABC license to a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine, and distilled spirits at Mariscos El Cangrejo Nice, an existing restaurant located at 819 South Main Street. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Mariscos El Cangrejo Nice is located within a single -story, 3,225- square foot detached commercial building. The subject parcel is also developed with a single -story, 1,525 - square foot single - family residence in the rear. The parcel, located on Main Street between Richland and Highland Streets, is 8,162 square feet (0.19 acre) in size. The site contains 29 parking spaces, of which three are for the exclusive use of the residents in the rear dwelling. The site is surrounded by a commercial and residential mixed use structure to the north, residential uses to the east, and commercial uses to the south and west across Main Street (Exhibits 1, 2 and 3). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there is currently one Type 41 ABC license located within 500 feet of the project site in addition to the proposed license. However, this information does not affect the analysis or recommendation contained in this report. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -18 July 14, 2014 Page 2 Project Description Mariscos El Cangrejo Nice restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer, wine, and distilled spirits as park of the existing eating establishment's operations. The restaurant is a full - service; 3,225- square foot sit -down eating establishment that holds approximately 99 seats within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are Monday and Tuesday from 10:00 a.m. to 10 :00 p.m., and Wednesday through Sunday from 10:00 a.m. to 12:00 midnight. The storage area for alcoholic beverages will be located near the rear of the restaurant in an area that is approximately 40 square feet in size. The restaurant will also contain a display area nearthe front of the restaurant that is approximately 15 square feet in size. Combined, the alcohol storage and display areas will occupy less than two percent of the floor area, which is less than the five - percent maximum allowed by the SAMC (Exhibits 4 and 5). Project Background Mariscos El Cangrejo Nice has been in operation since November 2013. Before then, the commercial building on the site has had a variety of restaurant and prior retail tenants, In 1994, the restaurant received approval of Conditional Use Permit No. 1994 -01, which allowed the on- premise sale of beer and wine at a prior eating establishment. 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 above- referenced CUP, The project site at 819 South Main Street has been developed since at least 1921 with the current structures. The use history on the site is mixed: the original structure that currently contains the restaurant use was converted to a residential structure for a period of time, after which it reverted to commercial uses. The rear structure that currently contains the residential use was constructed as a detached garage and converted to a legal residence in 1953. Mariscos El Cangrejo Nice is a locally -owned and operated establishment specializing in Mexican cuisine and seafood. in order to display and sell distilled spirits in addition to beer and wine, a new conditional use permit is required. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts 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. 31A-4 Conditional Use Permit No. 2014.18 July 14, 2014 Page 3 The parcel Is located within the South Main Street Commercial (C -SM) zoning district. The C -SM 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, • 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 farms 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 alcoholic beverage license upgrade will provide an ancillary service to the restaurant customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity, Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure thatthe 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 the project site is subject to the operational standards for on -sale establishments in the SAMC that will 31A-5 Conditional Use Permit No. 2014 -18 July 14, 2014 Page 4 mitigate any potential negative or adverse impacts created by the use. These standards will ensure that the sale of alcoholic beverages will remain an ancillary use to the main restaurant operation on the site. Moreover, the restaurant's operations and sale of alcoholic beverages are, and will remain, limited to no later than 12:00 midnight, In addition; the use will occur only within the interior of 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 nearby restaurants that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Madscos El Cangrejo Nice, a locally -owned small business, to remain economically viable and contributes to the overall success of the South Main Street commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of this unique commercial area, 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 will be maintained as a full - service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 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 South Main Street commercial district. 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 El Cangrejo Nice has been in operation at the subject location since November 2013, with the commercial building on the project site occupied by 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, additional conditions of approval are proposed to mitigate potential impacts on the adjacent residential use on the property and ensure the use does not becorne an attractive nuisance to the community. 31A-6 Conditional Use Permit No, 2014 -18 July 14, 2014 Page 5 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 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 over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considers two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 819 South Main Street is located in an area that has an above average number of reported crimes when compared to all crime reporting districts based on standards established under Business and Professions Code Section 23956.4. The site is located in Reporting District No. 186, which ranks 2 °d out of 102 citywide reporting districts. Further, the restaurant is within close proximity (less than 50 feet) of residential property, Although the Police Department is concerned that the ABC license at the restaurant may impact adjacent sensitive land uses, operational standards will mitigate any potentially negative impacts this operation may have on adjacent residences and will prevent it from generating police calls for service, Public Notification The project site is located within the boundaries of the Eastside Neighborhood Association. Staff contacted the president of this and the nearby Neninger Park Neighborhood Association, who identified no concerns with the project. The project site was also 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, by phone, 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 licensing of existing facilities with no expansion of the existing use. Mariscos El Cangrejo Nice is a tenant within an existing commercial building that is not slated to undergo any expansion of square footage or use. After analyzing the project, staff will file Categorical Exemption Environmental Review No. 2014 -43 for this project. 31A-7 Conditional Use Permit No. 2014 -18 July 14, 2014 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -18 as conditioned. Ali Pezesh pour Assistant Planner l AP:Jm ap1M \ReportsiStaff Reports for pQkCUP1 d -18.EI CanBrejo Nice Type $7 ABq.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 — Location Map Exhibit 3- Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — "$AMC Sec. 41- 196(8): Operational Standards for On -Sale Establishments 31A-8 FIRST ST. og w� as ❑ o_ ° j(jjjj��'(�(''"j' C I � Cz a ars AA ;�1J 1.J4_,I o� Boa ❑❑ hII ��� � _ R ' ❑❑ S�LJ��^�❑ M k Az ai Rt R7 ❑❑ ❑ED DIPI. sm c.' ❑ ❑ oa a� . R Ao Ax I s =N RI Ri. R RI I E DOD]] 0- 0.5M C. 0 7 ft2 R2 P2 R2 Rk R2 C. sn Az Rt w .••R1�aL u�un utt 0 a Rz 4 Rl R7 R7 Rt Rt RI ."^ '�06��,' 3 I_ i ❑ RI I M po Ax P1 RI R1 Hi MEE!, T M. Nx �� gM .N ` -1 Ell Rl i SM % w RI �m�wn WILSHIRE AVE. HO &ART Al GENBYLLAGROJLTMf CR IX MEFUALR.iOBNTIAL m BNGIEFAMILYFES'0MAL •B mmNGMIXNRCg110N Cam^ O]VS;NMEvTCBgIFA R2 TOFAMIL"FE90BNCE GSA CCMMEMALs3%fTHMAIN Mi JWINDUSMA. RS MULTIREWQTYMULTIR.E 09 COMMUNIVCOMMMAI. M2 M WINU SML. FAMILYF€ Dmm Ot MO ODMM. C0MMH AIJMU8jIM 0ISI a MO MIUTARlOFBWION5 R4 WSUFGWAFARYM13M m CBN LWMMB AL 0 OF13N"M w FP DU A_flATE C3 CWTA MNE P PWFESONAL m almRa OEVB.OPVIBNT C3,A CENTRAL 5WNEn-AR0:TMLLACE FCO RANNM WMMUNITYDMWPMBNT Ep SIMROR.AN V RANNB GlN NGCBNTER Ff0 RMNMREIDBNTIALOMORvB m AR ALWMMMAL CUP 2014 -18 EL CANGREJO NICE TYPE 47 ABC 819 SOUTH MAIN STREET — — =50O FAT 1000 FEEr P I_ ANNI N _G A N 0 d U I L D I N G A C E N C Y EXHIBIT 1 VICINITY MAP 31A-9 alb F1 F7 11 w Z w Ql V) w d v CUP 2014 -18 ELCANGREJO NICE TYPE 47 ABC 0 cW 819 SOUTH MAIN STREET 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 -10 ¢ S.F.R. _ M.F.R. u S.F.R. S.F.R. w M.F.R. S.F.R. S.F.R. ti M.F.R. MIX USE COMM. S.F.R. S. F. R. M.F.R. w M.F.R. w w S.F,R. M.F.R. w S.F.R. cc COMM, a H Ln M.F.R. Ln M.F.R. u RICHLAND STREET S. F, M.F.R. S.F.R. S.F.R. M.F.R. M.F,R. S.F.R. M.F.R. S.F.R. M.F.R. S.F.R. 5,F.R. M.F.R. S.F.R. o M.F.R: M,F.R. HIGHLAND STREET M.F.R. w M.F.R, 5, F. R, = M.F.R. ¢ S. F. O S.ER. u z S.F.R. M.F.R. w ¢ u '^ u CUBBON F1 F7 11 w Z w Ql V) w d v CUP 2014 -18 ELCANGREJO NICE TYPE 47 ABC 0 cW 819 SOUTH MAIN STREET 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 -10 ¢ S.F.R. _ M.F.R. u S.F.R. S.F.R. w M.F.R. S.F.R. S.F.R. M.F.R. MIX USE COMM. S.F.R. S. F. R. M.F.R. M.F.R. S.F.R, W.R. S.F,R. M.F.R. S.F.R. COMM, F1 F7 11 w Z w Ql V) w d v CUP 2014 -18 ELCANGREJO NICE TYPE 47 ABC 0 cW 819 SOUTH MAIN STREET 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 -10 CUP 2014 -18 EL CANGREJO NICE TYPE 47 ABC 819 SOUTH MAIN STREET SITE PHOTO EXHIBIT 3 31A-1 1 31A -12 Z¢ J a N Y j 1 n �I i � wwuMmu�nN.[NYelll ulu_1]a1�.v LJ ♦ A " ail a a� } ashe M I � i I � ;3 and 1 Ell ,l EXHIBIT 4 31A -12 1 11111 ��� 31A -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -safe 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, Pull 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, services 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. 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. 7. 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 andior 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 -14 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 24 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-15 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 Cade (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. 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 -16 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. 4of4 31A -17 ROH — 07/14/14 RESOLUTION NO. 2014 -23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -18 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 819 SOUTH MAIN 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 18 for 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 819 South Main Street. B. Conditional Use Permit No. 2014 -18 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 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 alcoholic beverage license upgrade will provide an ancillary service to the restaurant customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to 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 -23 Page 1 of 4 31A -18 Z 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 this location will not be detrimental to persons residing or working in the vicinity because the project site is subject to the operational standards for on -sale establishments in the SAMC that will mitigate any potential negative or adverse impacts created by the use. These standards will ensure that the sale of alcoholic beverages will remain an ancillary use to the main restaurant operation on the site. Moreover, the restaurant's operations and sale of alcoholic beverages are, and will remain, limited to no later than 12:00 midnight. In addition, the use will occur only within the interior 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 proposed use will not adversely affect the economic stability of the area but will instead allow the restaurant to compete with other nearby restaurants that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Mariscos El Cangrejo Nice, a locally -owned small business, to remain economically viable and contributes to the overall success of the South Main Street commercial district, helping to decrease the number, of vacant spaces that may affect the economic viability of this unique commercial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? 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 will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below Resolution No. 2014 -23 Page 2 of 4 31A -19 the maximum threshold established by 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 and strengthens the economic vitality of the South Main Street commercial district. 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. 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 licensing of existing facilities with no expansion of the existing use. Mariscos El Cangrejo Nice is a tenant within an existing commercial building that is not slated to undergo any expansion of square footage or use. After analyzing the project, staff will file Categorical Exemption Environmental Review No. 2014 -43 for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -18. 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 July 14, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No, 2014 -23 Page 3 of 4 31A-20 ADOPTED this 14th day of Jam, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney 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 -23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2014. Date: Acting Commission Secretary of the Planning Commission City of Santa Ana 31A-21 Resolution No. 2014 -23 Page 4 of 4 31A-22