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HomeMy WebLinkAbout20140623_2014-22_3811SBristolStROH — 06/23/14 RESOLUTION NO. 2014 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -20 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3811 SOUTH BRISTOL 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- 20 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 3811 South Bristol Street. B. Conditional Use Permit No. 2014 -20 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 throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, 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 -22 Page 1 of 5 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 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 primarily occur within the premises and in outdoor seating areas that are not oriented toward any residential use. Additionally, the proposed ABC license is incidental to the primary 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 alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to become economically viable and contribute to the overall success of the neighborhood - serving shopping center in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 only 2.2 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2014 -22 Page 2 of 5 The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full - service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding area. Further, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Buffalo Wild Wings restaurant will be located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential 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 -54 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -20 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. Resolution No. 2014 -22 Page 3 of 5 ADOPTED this 23rd day of June , 2014. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: ABSTENTIONS Commissioners: None (0) Commissioners: None (0 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bauer, Gartner, Mill, Nalle, Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2014. Date: V q l j q Clerk of the Planning Commission City of Santa Ana Resolution No. 2014 -22 Page 4 of 5 Conditions for Conditional Use Permit No. 2014 -20 Conditional Use Permit No. 2014 -20 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 rip or 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. 2. The subject property is located more than 150 feet from property zoned and used for residential and, as such, does not require a conditional use permit for after -hours operation in the CR zone pursuant to Santa Ana Municipal Code Section 41- 442.5(d). Accordingly, this property is not subject to Santa Ana Municipal Code Section 41- 196(8)(3), which requires a conditional use permit for restaurants selling alcohol after 12:00 a.m. and before 8:00 a.m. (Added by the Planning Commission June 23, 2014.) Exhibit A Resolution No. 2014 -22 Page 5 of 5