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HomeMy WebLinkAbout31C - CUP - 1945 E 17TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT ROCKFIRE GRILL RESTAURANT AT 1945 EAST SEVENTEENTH STREET, SUITE 104 - RAJ SYAL, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANA CLERK OF COUNCIL USE ONLY: r:1- 0:ZeIw 0 As Recommended E As Amended Lj Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ® Implementing Resolution ❑ Set Public Hearing For d.Pi11fg11114 e7 FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -16. PLANNING COMMISSION ACTION At its regular meeting on May 9, 2016, by a vote of 4:0 (Alderete, McLoughlin, Verino absent) the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -16 which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of beer and wine with food service at Rockfire Grill Restaurant located at 1945 East Seventeenth Street in the Arterial Commercial (C -5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The Rockfire Grill is a restaurant where the applicant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine for patrons of the restaurant. The restaurant is a casual eating establishment that holds approximately 36 seats within its 1,000- square -foot dining room and 28 on the 275 - square -foot outdoor patio. 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 #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 C -1 Conditional Use Permit No. 2016 -16 — Rockfire Grill Restaurant ABC — 1945 East Seventeenth Street June 7, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action; assan Hagh I, AI P Executive Director Planning & Building Agency HS:rb h®: / /Rue)drQGdIUGUPI6,18:cc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2016 TITLE; PUBLIC HEARING — FILED BY RAJ SYAL FOR CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT ROCKFIRE GRILL RESTAURANT AT 1945 EAST SEVENTEENTH STREET, SUITE 104 (STRATEGIC PLAN NO. 3,2) Prepared by Hally Soboleske ( ?Extatrve Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO , �c~a' .rrr - ✓c.. -, �c%e� -. r°• rye' _ -- Plannmg Manag4r Adopt a resolution approving Conditional Use Permit No. 2016 -16 to allow an ABC license. DISCUSSION Request of Applicant Raj Syal, proprietor for the Rockfire Grill restaurant, is requesting approval of a conditional use permit (CUP) to allow an Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Prolect Location and Site Description The Rockfire Grill restaurant occupies a suite east of Gold's Gym in the shopping center at the northwest corner of the Seventeenth Street and Old Tustin Avenue intersection. This integrated center includes four lots which together are approximately 415,818 square feet in size and is developed with a single -story 166,517- square -font commercial center. The suite this restaurant occupies is 1,776 square feet of the existing multi- tenant building. Surrounding land uses Include the single family residential to the north, condominiums and single family residential to the west, and commercial land uses on the east and south (Exhibits 1, 2 and 3). Project Description and Background The Rockfire Grill restaurant occupies a 1,776- square -foot tenant space at 1945 East Seventeenth Street, Suite 104. The building has traditionally contained a combination of commercial uses, including retail, food establishments, and service uses. 31 C -3 CUP No. 2016 -16 May 9, 2016 Page 2 In conjunction with the restaurant, the applicant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine for patrons of the restaurant. The restaurant is a casual eating establishment that holds approximately 36 seats within its 1,000- square -foot dining room and 28 on the 275- square -foot outdoor patio, The Rockfire Grill's menu includes sandwiches, burgers, pizza, and salads and was winner of the "Top 100 Places to Eat" contest through Yelp. Overall alcohol storage and display areas will contain approximately 30 square feet, which is less than two percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibit 4). The hours of operation for the restaurant are from 10:00 a.m. to 11:00 p.m. seven days per week. Additionally, the Rockfire Grill restaurant is a privately owned casual dining restaurant that serves lunch and dinner. The General Plan land use designation for the site is General Commercial (GC). General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education including restaurants with ABC licenses, The project site is consistent with this General Plan land use designation. The zoning for the site is the Arterial Commercial (C5). The C5 zoning district allows for retail and service uses such as restaurants with ABC licenses, making the proposed use consistent with the zoning code. Proiect Analvsis 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 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, 31 C -4 CUP No. 2016-16 May 9, 2016 Page 3 • 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 requests, staff believes that the following findings of fact warrant approval of the conditional use permit. The Rockfire Grill restaurant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine, The applicant intends to sell beer and wine as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the existing establishment is in compliance with the standards for establishments selling beer and wine. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. The operational standards for on -sale establishments regulate the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed 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 conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 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 patrons. Moreover, the offering of beer and wine as an ancillary product to food supports the establishment of a full - service restaurant. 31 C -5 CUP No, 2015 -16 May 9, 2016 Page 4 + The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23088 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use 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 full- service restaurants offers additional dining options for Santa Ana residents and visitors. The tenanting of this building with a restaurant use further supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A viable restaurant will provide a needed service to Santa Ana residents and visitors. Police Department Analysis The Santa Ana Police Department (SAPD) reviews conditional use permit applications for the sale and service of alcoholic beverages 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 23958.4(e)(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. 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, This business is located in police grid 243 which ranks 42 "d out of 102 reporting grids for police activity, This area is below average for activity and SAPD does not oppose granting a license to this business. 31 C -6 CUP No. 2016 -16 May 9, 2016 Page 5 Public Notification The project site is located within the boundaries of the Meredith Parkwood Neighborhood Association. Staff contacted the president of the Meredith Parkwood Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Mr. Winston Covington, Meredith Parkwood Neighborhood Association President, did not have any concerns at this time. The project site itself was 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 this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance The Rockfire Grill restaurant is an existing facility applying for a conditional use permit to allow an ABC license to have beer and wine consumption on site. It has been found by the City's development review agencies that the granting of this ABC license will not create any adverse impacts. The Rockfire Grill restaurant is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the land use is allowed by the Santa Ana Municipal Code, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016 -44 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). 31 C -7 CUP No. 2016 -16 May 9, 2016 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -16. ally Sob eske Associat fanner HS:jm hcJ /RockfIreGnIVCUPI 6 -16.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) Exhibit 4 -- Floor Plan Exhibit. 5 — Site Plan Exhibit 6 -- Operational Standards for On -Sale Establishments 31 C -8 11_�Ci�l� R1 nn HIT+ M RT AT G6 -Al -7200 Ln..Smt =,.r Y m Rn d C5 cs. 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RI AT GCNflRALAGRICULTURAI, C -SM SOUTH MAIN STREET COMMERCIAL 015MICT Pt) PLANNEDOEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CT COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SiNGLE-FAMILYRESIOENCE CI-MD COMMUNITY COMMERCIALMUSEUM PAST RICT MT UG14T INDUSTRIAL R2 T VCHFAMILY RESIDENCE C2 GENPRALCOMMERCIAL M2 I WAVY INDUSTRIAL ITS MULTIPLE-FAMILY RESIOD,10C C3 CENRRALRUSINESS MO MILITARYOPARAI'IONS fl4 SUBURBAN APARIMENT C3 -A CENTRAL BUSINESS- ARTiSfS'VILLAGF: 0 OPEN SPACE FIT RESIDENTIALESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL. PCD PLANNED COMMUNITY DEVELOPMENT CUP 2016 -16 -ABC k ROCKFIRE GRILL C9E^ 1945 EAST SEVENTEENTH STREET, UNIT 104 — --=500 FEIJ �.i r^ =Iron Feel P L A N N I N G A N D 0 U I L P I N G A G E N C Y VICINITY ' ;yY IT MA 31. (; —§ CUP 2016 -16 -ABC ROCKFIRE GRILL 1945 EAST SEVENTEENTH STREET, UNIT 104 P L A N N I N G A N 0 B U I L 0 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -10 t� 11 ..,.. u. � Ei� ` tti 7 o l i o l� i C ! `s4 �; ,, c f y<Y 3► i 6 I t f ,� B � i IR hyt•f,G ii I 6 2i 1 ( � S f i ilGc i c i xi3 f.if oP; q Y 5 ay� GP fie3iyilu ;9�kS's?t4,I0II..C1� {,jl !llalk2i�Sfij§ft4� �y gyp.r i i (I P {$d$oi Py't.�Ilf 3f Qtd0i09Fft fAS4f YY�`9Y �'IJ699v^,�fl OQ+J O86�.9 ©�Pl°+G�J�iQ r'>! J& �J069o399RVOb <7.iM�'i+OC�9(n6r.A.4 �, AJ4 i f °Pp Fil p I; �g,t E"+.) ►e: w 2 a i:9OCY �14� (Gl pg t ' 1@ It O I � 1 kI ; IB Il G i i i I ID It}i FF i It j o 7i t fP�t ►{ xY ;S�6 §jij 1 �!; !e9yfs E?aal�le�,4! C1['IPkC7 000.. o �i aza. z l'� J�.r 0 f i" �F w. s t° ii �l EXHIBIT 4 31 C -12 0 1 1''!!!' 1-40! tD �, T , I , I I -I i 71 Ulli ill, M11D 041 11-4 FU-T 7�1 Li ro Is MM. 1, 0 L[Mia Py e t I ! I N P 1''!!!' 1-40! tD �, T , I , I I -I i 71 Ulli ill, M11D 041 11-4 FU-T 7�1 Li ro Is MM. 1, 0 L[Mia Sec. 41 -195. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 230738 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. pull 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. 1 The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8.00 a.m. and 12:070 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. EXHIBIT 6 31 C11 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 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. 3TC115 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. 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. 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. f. Procedures for calling the police regarding observed or reported criminal activity. Procedures for management of queuing lines. The location and description of any video games proposed to be on the premises. 31 °`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. 31K: -417 LS 5.9.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW THE ON- PREMISE SALE OF BEER AND WINE AT A BONA FIDE RESTAURANT FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, SUITE 104 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. 2016 -16 to allow an Alcoholic Beverage Control (ABC) license at the property located at 1945 East Seventeenth Street, Suite 104. 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 May 9, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No, 2016 -16. D. 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. 2016 -16 to allow an 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 alcohol beverage license will provide an ancillary service to restaurant 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 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. 2016 -xx 31 C -1 8 Page 1 of 4 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 license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. I 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 stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer beer and wine beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 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 imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility 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 less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the 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 offers additional dining options for Resolution No. 2016 -xx 31 C -19 Page 2 of 4 Santa Ana residents and visitors. The tenanting of this building with a restaurant use further supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A viable restaurant will provide a needed service to Santa Ana residents and visitors. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016 -16 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 project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole 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. 2016 -16 for the property located at 1945 East Seventeenth Street, Suite 104. 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 May 9, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of May, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson Resolution No. 2016 -xx 31 C -20 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 5, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2018 -xx 31 C-21 'age 4 of 4 31 C -22