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Home My WebLink About31A - CUP - 1327 E FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: 1`I I �nlf]II) F CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL POLLO NORTENO RESTAURANT LOCATED AT 1327 EAST FIRST STREET - EDUAROO HERNANDEZ, APPLICANT (STRATEGIC PLAN NO. 3,2) —Z. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .1005 r, ❑ As Recommended ❑ As Amended Ordinance on 16' Reading ❑ Ordinance on 2 0d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -50. PLANNING COMMISSION ACTION On February 23, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -50 by a vote of 6:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at El Polio Norteno restaurant located 1327 East First Street in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION El Polio Norteno 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 operates as a fast - casual, sit -down eating establishment that contains all necessary equipment to be considered for a Type 41 ABC license. The dining area contains approximately 32 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 7 :30 a.m, to 9:00 p.m. Monday through Sunday. 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 -50 March 17, 2015 Page 2 FISCAL IMPACT" There is no fiscal impact associated with this action. Vince Fregos AIC Interim ExecutivelDirector Planning & Building Agency IO:rb IC \Reports \CUP14 -50 EI Pallo Norteno Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 23, 2015 TITLE: PUBLIC HEARING — FILED BY EDUARDO HERNANDEZ FOR CONDITIONAL USE PERMIT NO. 2014-50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL POLLO NORTENO RESTAURANT LOCATED AT 1327 EAST FIRST STREET {STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco nterim Ex . csatty s erector -- PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -50. Reguest of Applicant Eduardo. Hernandez, representing El Polio Norteno restaurant, 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 1327 East First Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Protect Location and Site Description El Polio Norteno restaurant currently operates within an existing multi - tenant commercial center known as the First Street Plaza located at the northwest corner of First and McClay Streets. The center is approximately one -half acre in size and contains approximately 8,100 square feet of building area, El Polio Norteno is currently occupying 1,590 square feet of the total building area. A total of 37 on -site parking spaces are provided for the six different retail tenants in the center. The site is surrounded by commercial uses to the east and west, residential and a church use to the north, and the State Department of Motor Vehicles (DMV) to the south (Exhibits 1, 2 and 3). Protect Description El Polio Norteno restaurant 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 operates as a fast - casual, sit -down eating establishment that contains all necessary equipment to be considered for a Type 41 ABC license. The dining area contains approximately 32 seats, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 7:30 a.m. to 9:00 p,m. Monday through Sunday. No changes to the hours of operation are proposed at this time. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 2 The storage area for alcoholic beverages will be located in a refrigerator behind the service counter and within the existing walk -in cooler located to the rear of the kitchen area. The alcohol display and storage areas total 3.3 percent of the overall floor area. 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 of the restaurant (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 two active ABC licenses located within 500 feet of the project site in addition to the proposed license. These two ABC licenses include one Type 41 license (on -sale beer and wine) and one Type 47 licenses (on -sale beer, wine and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Proiect Background El Pollo Norteho is a fast- casual, family oriented restaurant that offers a wide variety of dishes prepared with the restaurant's signature mesquite - grilled chicken. El Pollo Norteno occupies an existing 1,590 square foot tenant space that has contained a sit -down restaurant since 2001. Because the prior tenants at this space did not offer alcoholic beverages to their customers, approval of a new CUP for a Type 41 ABC license 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. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Proiect 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- tisewilf-provide ervice or%—Gility whidhwill—Contribute— to the genera well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 3 • 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 facility's 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 full- service dining experience within a family- oriented venue. 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. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main 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 alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow SI Pollo Norteno to remain economically viable and contribute to the overall success of First Street Plaza, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 31A-5 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 4 The proposed project will be in compliance with all applicable regulations 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 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 five 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. The granting of this conditional use permit supports several 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 with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. El Polio Norteno has undergone recent interior improvements to modernize the restaurant in order to enhance the dining experience. The restaurant is presently undergoing sign revisions to meet code requirements and to display a more attractive fagade which will attract residents and visitors to a more pleasant shopping experience. 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 at First Street Plaza. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Polio Norteno is located in a commercial area and its operations will be compatible with the surrounding businesses. El Polio Norteno 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 u- ctto- 23948- 4(c)(2), wh- (chwso are ufilizecftiy 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 -50 February 23, 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 1327 East First Street is located in Reporting District No. 225. This reporting district Is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the Saddleback Neighborhood Association. Staff contacted the presidents of the Saddleback and nearby Lyon Street Neighborhood 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. 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 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 and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking In a variety of forms. Categorical Exemption Environmental Review No. 2014- 155 will be filed for this project. Strategic Plan Alignment Approval of this Rem 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 -50 February 23, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -50, IO:jm IOIRepo(WCUP14 -50 El P0110 Nonena Type 41 ABQPC Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-8 lEviffiffimmill M2 M; Mt R3 uu 2 M2 S�a Ma ne e ,:.. M2 MI AL: I ml , 1 t.7 „.. Mz.iev MT MI F nll E C2 I 1 Rz Ra ca M].iaw m %T) r czww cz �� Ca�u� 12mm Mi M1 MIS 4-1 nna M1 �z �A ,,_R "� D a RA fli Rd AS vn MI VN R3 Nd Ri R3 �' Mt MI q M2 M1 M q) R3 R5 T� Ri � flt MI MI • M7 3 RJ Rd fl3 l '° 1 At t— lkG;v-r –r� Ml �'1} R1 R1 $ RI kt 1 m In M1 M2 R1 0 R7 R1 .In •. n: SD.16 R1 R7 Rt RI R4 M2 A a Ot R1 RI M2 R7 R "I R1 R1 A R1 Ri flr i 3 R1 RI Mt ^At M I Al GR MLAGNO- OURALt -B IY+taMMOUnCKRON CSM CCMMMALSOMMAIN Ci OOMMUNiTYMAMMUCAL cI.MD ODSAM. comma IAUMU�EIM ofmct' C2 G91FAL XDWGUAL C3 CRd7PA1.R19NES5 O1.A CUMLDnNESSARR^ ADAGE G R WN SHOPFING( rffl CS AFMMLODMMElUAL SD -21 RI ll RI R I R1 R1 0 W W p., P � r y .qz nz u Rz Rz MI I � CA CCMMIMALRBD!?,IML GG GDV8;NMEN7CRPR3i M1 UGOTINOLOTIAL M2 HE WINDL6IMAL M0 MWTAReOFRRARONS O ORNSAM p FR)M 9ONAL. FD] PANN COMMUNItt OWUR.OPWNT PFf3 PANN®FESDWALDE OFM1 Li M1 _,__7 RI R4 W 9NMMMILYrd DDML m MOFAMILYSMOWCE R3 MULIINEDWsTYMULTiftE FAMILyrMDSJCE nA E BU1 NAP\WMM% FE IMDa MLEMTE so lymHc DsiaoFMmT :R' SIMnCFIAN CUP 2014 -50 � EL POLLO NORTENO TYPE 41 ABC '6,.„ 1327 EAST FIRST STREET - -500 F&f t" = tcoo RL>:r P L A N N I N G A N D_ UU I L D N _—GA G E N C Y EXHIBIT 1 VICINITY MAP 31A-9 IJ LtLL l H U IR C 3RD STREET w UJ'1 ]>, C H U R C H n JJW milli Z:* o d C H U C H S.F: 7, _ 2ND STREET LLw 0 CHURCH w N N _7M :RCIAL C M 1. IJ ffjE R C I L 7ST STREET C MM S T T E m M E R C I A L m WALNUT STREET 9G 'G it C 0 M M E R I A L S C H 0 0 L CUP 2014 -50 EL POLLO NORTENO TYPE 41 ABC P L A N N I N G A N D B U U I D Dl N G A G E N C Y LAND USE MAP EXHIBIT2 31A -10 F1' 1 311 C�ifj i , xp i t f 1 r= �� - � - iPl I 4 iti r 3i. 1 fi 1 t c t � y$ EXHIBIT 4 31A -12 1 — W h va r, 1,k, ,I;'_i, EXHIBIT 5 31A -13 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. 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 ___- __45criminate -a ainst- patroons- 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, 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 anytime 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 II, 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. Atimed- 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 safes 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. 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 - 02/23/15 RESOLUTION NO. 2015 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1327 EAST FIRST 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- 50 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 1327 East First Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -50. 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 -50 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 facility's 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 full - service dining experience within a family- oriented venue. Slandands -arm -applicable to the alcoholic beverage coif 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 -07 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. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main 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 alcohol 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 similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow El Pollo Norteno to remain economically viable and contribute to the overall success of First Street Plaza, 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 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 five 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. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2015 -07 Page 2 of 4 31A -19 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several 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 with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. El Pollo Norteno has been going through recent site and tenant improvements to clean -up any out of compliance requirements; these will allow the center to display an attractive shopping environment for 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 at First Street Plaza, Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Pollo Norteno will be located in a commercial area and its operations will be compatible with the surrounding businesses. 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 and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -155 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 -50. 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 February 23, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -07 Page 3 of 4 31A-20 ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2015 -07 Page 4 of 4 31A-22