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HomeMy WebLinkAbout20140714_Reso2014-23_819SMainStROH — 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 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 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 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 ADOPTED this 14th day of July, 2014. AYES: Commissioners: Alderete, (6) NOES: Commissioners: None (0) Bacerra, Bauer, Mill, Nalle, Yrarrazaval ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Rya City Chairman I 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: 7/ %511 ��w /ftllc� Acting Commission Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -23 Page 4 of 4