HomeMy WebLinkAbout20140728_Reso2014-25_1631 E17thROH — 07/28/14
RESOLUTION NO. 2014 -25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -17 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1631 EAST SEVENTEENTH
STREET, UNIT I
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-
17 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 1631 East Seventeenth Street, Unit I.
B. Conditional Use Permit No. 2014 -17 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
July 28, 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.
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 -25
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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 occur within the premises and 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 remain economically viable and
contributes to the overall success of the small,
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 and the
guidelines established by the Planning Commission for
restaurants selling alcohol with their meal. 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 two 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 -25
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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 General Commercial (GC)
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 Bella Marri's
Ristorante Italiano is 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 -42 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2014 -17. 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 28, 2014, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -25
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ADOPTED this 28th day of July, 2014.
AYES: Commissioners:
NOES: Commissioners
ABSENT: Commissioners
ABSTENTIONS: Commissioners
APPROVED AS TO FORM:
Sonia RA. arvalho, City Attorney
By:
Ryan
Assistar
ge
At rney
Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
None (0)
None (0)
None (0)
Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -25 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 28, 2014.
Date:
4tell" am��
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -25
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