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HomeMy WebLinkAboutRESO 2016-02_601 E Santa Ana Blvd (Knife & Glass)LS 1. 19.16 RESOLUTION NO. 2016 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -19 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 601 EAST SANTA ANA 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -19 to allow a Type 41 Alcoholic Beverage Control (ABC) license at the property located at 601 East Santa Ana Boulevard, Unit A. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off - premise consumption. C. On December 14, 2015, the Planning -Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -19, during which the application was continued for 30 days to allow the applicant ample time to hold a community meeting to share additional information about the proposed application with the community. D. On January 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -19. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -19 to allow a Type 41 ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or 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 with their food. This will thereby benefit the community by providing a restaurant with Resolution No. 2016 -02 Page 1 of 5 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. 2. 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. The proposed Type 41 ABC license 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. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the periphery 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. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants in Downtown and citywide that also offer beer and wine for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Knife & Glass, a small business, to remain economically viable and contributes to the overall success of the Transit Zoning Code area, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. That the proposed use will 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 alcohol 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 Resolution No. 2016 -02 Page 2 of 5 utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is consistent with the maximum threshold established by the Santa Ana Municipal Code. 5. 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. 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 full - service restaurants that feature beer and wine 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. Knife & Glass's tenancy contributes to the maintenance and viability of the repurposed, mixed -use commercial building in which it is located. 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 in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Section 15301 (Class 1) exemption applies to the operation of existing facilities. The proposed application is to approve a conditional use permit to allow a Type 41 ABC license at a site that is already served by municipal services, such as roadways, utilities, and parking. This project involves negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2015 -109 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this Resolution No. 2016 -02 Page 3 of 5 project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -19 for the project located at 601 East Santa Ana Boulevard, Unit A. 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 December 14, 2015, and exhibits attached thereto; the Request for Planning Commission Action dated January 25, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of January, 2016. AYES: Commissioners: Bacerra, Bauer, Gartner, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2016 -02 Page 4 of 5 Ja s-Gartner C airperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney R _... Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2016 -02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 25, 2016. Date: M V/X P I �A- Planning Commission Secretary City of Santa Ana Resolution No. 2016 -02 Page 5 of 5