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Home My WebLink About31A - CUP - 710 S HARBORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 17, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014-47 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR TORTAS SINALOA LOCATED AT 701 SOUTH HARBOR BOULEVARD, UNIT A (STRATEGIC PLAN NO. 3,2) - PARISSIS CHRISTOS, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY. .:• k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ;.r� Ilk il [wig Ilk r FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -47. PLANNING COMMISSION ACTION On January 26, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -47 by a vote of 5 :0 (Alderete, Gartner absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Tomas Sinaloa restaurant located at 701 South Harbor Boulevard, Unit A in the Harbor Mixed Use Transit Corridor (SP2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Tortas Sinaloa is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant is maintained as a fast- casual eating establishment with an outdoor dining area. Tortas Sinaloa has all necessary kitchen equipment to be considered for a Type 41 ABC license. The dining area contains seating for 66 patrons. The outdoor dining area contains three temporary tables that can accommodate up to 12 patrons. However, as the outdoor dining area does not comply with City or State Department of Alcoholic Beverage Control standards, alcoholic beverages will not be served or consumed in the outdoor dining area. The on- premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The hours of operation for the restaurant are from 8:00 a.m. to 10:00 p.m. Mondry through Friday and from 8:00 a.m. to 11:00 p.m. Saturday and Sunday. Full sized site plans are available for public viewing in the Clark of the Council Office. 31A-1 Conditional Use Permit No. 2014 -47 February 17, 2015 Page 2 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). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso� ATOP ` Interim Executive - Director Planning & Building Agency RS:rb mreportaM P 2014- 471cup1447 Tortes Sinaloa Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 26, 2015 TITLE: PUBLIC HEARING — FILED BY PARISSIS CHRISTOS FOR CONDITIONAL USE PERMIT NO. 2014.47 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR TORTAS SINALOA LOCATED AT 701 SOUTH HARBOR BOULEVARD, UNIT A {STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto Interim ecuti C2irector PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ AppiicanPs Request ❑ Staff Recommendation - -��— Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2014 -47. Request of Applicant Parissis Christos, representing Tortes Sinaloa, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing eating establishment located at 701 South Harbor Boulevard, Unit A. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Tortes Sinaloa is currently operating within the existing Riverview West Marketplace commercial center located on the southeast corner of Harbor Boulevard and McFadden Avenue. The site is anchored by the Wal -Mart and Ross department stores and the El Super grocery store. The multi - tenant commercial center is approximately 22.51 acres in size and contains approximately 138,629 square feet of building area. A total of 1;324 on -site parking spaces are provided for the mixture of commercial uses in the center. The site is surrounded by commercial uses to the west; commercial, industrial and school uses to the north; residential uses to the east and northeast; and residential and commercial uses to the south (Exhibits 1, 2 and 3). Proiect Description Tortas Sinaloa is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant is maintained as a fast - casual eating establishment with an outdoor dining area. Tortas Sinaloa has all EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -47 January 26, 2015 Page 2 necessary kitchen equipment to be considered for a Type 41 ABC license. The dining area contains seating for 66 patrons. The outdoor dining area contains three temporary tables that can accommodate up to 12 patrons. However, as the outdoor dining area does not comply with City or State Department of Alcoholic Beverage Control standards, alcoholic beverages will not be served or consumed in the outdoor dining area. The on- premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The hours of operation for the restaurant are from 8 :00 a.m. to 10:00 p.m. Monday through Friday and from 8:00 a.m. 11:00 p,m. Saturday and Sunday. The storage area for alcoholic beverages will be located in the walk -in cooler and in a wall mounted refrigerator and 'display located behind the service counter. The alcohol storage area will total 73 square feet in size, which is approximately three percent of the floor area of the restaurant. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area (Exhibits 4 and 5). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently three ABC licenses located within 500 feet of the project site in addition to the proposed license. These three ABC licenses include two Type 41 licenses (on -sale beer and wine only) and one Type 21 license (off -sale beer, wine and distilled spirits). In addition, one Type 47 ABC license (on -sale 'beer, wine and distilled spirits) was recently approved by the City but is not yet active. However, this information does not affect the analysis or recommendation contained in this report. Project Backaround Tortas Sinaloa is a fast - casual, family oriented restaurant that offers tortes, burritos, tacos and other specialty Mexican food. Tortes Sinaloa is occupying an existing 2,400 square foot tenant space that was previously occupied by Togos Sandwiches. However, because the prior tenant did not offer alcoholic beverages to its customers, approval of a new CUP for Type 41 ABC license is required. General Plan and Zoning Conslsteney 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 the General Commercial land use designation. The site is located within the Harbor Mixed Use Corridor Specific Plan (SP -2) zoning district in the Transit Node (TN) sub -zone. The SP -2 zoning district allows for eating establishments, making the proposed use consistent with the zoning designation. 31A-4 Conditional Use Permit No. 2014 -47 January 26, 2015 Page 3 Protect Analysis Conditional use ,permit requests are governed by Section 41 -638 of the SAMC and 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 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 Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine 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. The proposed Type 41 ABC license for the on-sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood, Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 31A-5 Conditional Use Permit No. 2014 -47 January 26, 2015 Page 4 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 Tortes Sinaloa to remain economically viable and contributes to the overall success of the commercial center, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize approximately three percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors. Further; Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses, Tortes Sinaloa is occupying an existing tenant space within a commercial shopping center and is compatible with the surrounding commercial uses. Tortes Sinaloa is requesting a conditional use permit for a Type 41 ABC license. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-6 Conditional Use Permit No. 2014 -47 January 26, 2015 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 701 South Harbor Boulevard, Unit A, is located in Reporting District No. 67. Reporting District No. 67 ranks 25th out of 102 reporting districts in the number of police related calls for service. This reporting district is approximately 10 percent below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an on -safe ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of Riverview West Neighborhood Association and is near the Santa Anita Neighborhood Association. Staff contacted the presidents of both associations, 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 printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CIEQA 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 ABC license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2014 -146 will be filed for this project. 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-7 Conditional Use Permit No. 2014 -47 ,January 26, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -47. RS;jm weporOCUP 2014471cup14.47 Tortas Sinaloa Type 41 AMpc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibits — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-8 CUP 2014 -47 OW k TORTAS SINALOA TYPE 41 ABC Gll 701 SOUTH HARBOR BOULEVARD, UNIT A _ _SOO Ffff 1^ =1000 FEET _ P T A N N I N G A N D B U I L D I N G A G E N G Y EXHIBIT 1 VICINITY MAP 31A-9 FIRST ST. U I i I I L__J L-J gL_.._1 Ca Ca _— /1 =41 IPZ' .x —_I SP-2 MI i 5032 R2 D x r 1- -1 =� 3 SP- d R2 .. R2il�' 83 111 :i 11 it IL ti =�____ R2 0 1 92 SP -2 111It R2 -ii ji -I� -h -il _p 1 R2 R2 R2 L�__ II II s ....H2 _AT1�__ III II Ii Ik II II _ i i __ IL_al_al_aL ✓l_vi�al 1 -11 ,:,. RZ � "� 1 I�_I�-1G- Ir�ir-I✓• R2 II li li Sp- 1 pi J` "J`x -J h Ii �i 2 — ,.. :,. ao._ —a —_ Al 12 Al Al pl �Rla AI`: Al I k o £ If R7 - �1 PD-2 PROJECT J U • RI �i Rl R1 R7 J/ � .. Ri 8 3 Rt p Rt al ' R7 CC 2 R3 R1 ?• R7 II RI III 5P-2 SP -2 i Rl Al I 11 it 11 11 � 1 •..SRI i 11._ i i 9 _.JI__)v___I� LILAC AVE. Al GM8;ALAGR0JLiURALp CR COMMI30ALFS0HJT4\L RI SNGIERAMILYFaDDMAL -0 'WININGMODIFICATION x CDVU MSTCEMH{ m MOFAMILYFt-<405 r%I W0101HUALSOUIHMAIN M3 UGWINDLITRAL Ri MUMR.EOENSTYMUHIRE Cl 00MMUNITYCOMMIMAL M2 HEWINDUSIIdAL FAMILYI¢JOHNCE C14D NMM, MAMEFOAI/MU53JM DIMU MO MIUTAM044TL1TIDN5 PA SJBMNAFARIMSU5 C2 GE MLOCMMEFUAL O OM RACE FE FMDHNMLFEATE C0 CM LSJSNESS P FmFH owl so MnODHrT3.ORMNT MA CHJTRAL HJSNESSAMS-MIAGE PM RANN WIMMUNRIDIA40FMENT sp S -MRGFLAN G RANN'H)SiOPPINGMM[i Fla) PLANNDIMSOWTALOEVdOW04T O5 AR AL0OMMMAL CUP 2014 -47 OW k TORTAS SINALOA TYPE 41 ABC Gll 701 SOUTH HARBOR BOULEVARD, UNIT A _ _SOO Ffff 1^ =1000 FEET _ P T A N N I N G A N D B U I L D I N G A G E N G Y EXHIBIT 1 VICINITY MAP 31A-9 CUP 2014 -47 TORTAS SINALOA TYPE 41 ABC 701 SOUTH HARBOR BOULEVARD, UNIT A P L A N N I N G A N D A U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 COMMERCIAL d } Q L J F w J m a p INDUSTRIAL SCHOOL W u J n COMMERCIAL) N _ l7 w z 0 w , u 0 McFADDEN AVENUE COM RCIAL CO MEICIAL� C 0 M ER-Ci*L- m Q m a z COMMER IAL COMMERCIAL S.. R. HOTEL CUP 2014 -47 TORTAS SINALOA TYPE 41 ABC 701 SOUTH HARBOR BOULEVARD, UNIT A P L A N N I N G A N D A U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 CUP 2014 -47 TORTAS SINALOA TYPE 41 ABC 701 SOUTH HARBOR BOULEVARD SITE PHOTO EXHIBIT 3 31A-1 1 inrrf . r o i t 4 tw a 1411�i l L — a, dM9 �'dil EXHIBIT 4 31A -12 0 rla.�d louij aull s.Ja4JFauitsl< JL � "'I d. J 4 0 EXHIBIT 5 31A -13 0 c t N Y N 'a� FD rn i m. rc _o N� u a• iL oN N� 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. 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 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. OM 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 "ail 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-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 11, 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. G. 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. f. 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 - 01/26/15 RESOLUTION NO. 2015 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -47 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 701 SOUTH HARBOR BOULEVARD, UNIT A 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- 47 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 701 South Harbor Boulevard, Unit A. B. Table 3 -2 of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On January 26, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -47. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -47 to allow for the sale of alcoholic beverages for on -site consumption: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and 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. 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. 2015 -03 Page 1 of 4 31A -18 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 Tortas Sinaloa to remain economically viable and contributes to the overall success of the commercial center, helping to decrease the number of vacant spaces that may affect the economic viability of the 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 standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize approximately three 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? The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Resolution No. 2015 -03 Page 2 of 4 31A -19 Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Tortas Sinaloa is occupying an existing tenant space within a commercial shopping center and is compatible with the surrounding commercial area and nearby 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 ABC license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2014 -146 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -47. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 26, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of January, 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Mill, Nalle, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Gartner (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -03 Page 3 of 4 31A-20 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, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 26, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2015 -03 Page 4 of 4 31A-22