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HomeMy WebLinkAbout31B - CUP - 3940 S BRISTOL STCITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -19 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BRASH ROTISSERIE LOCATED AT 3940 SOUTH BRISTOL STREET, UNIT 111 - STEPHEN HALL, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGE 1.1 *U9 r'ilM4- Ma7N�7T+�IIfC +7�l CLERK OF COUNCIL USE ONLY: :••:• r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -19. PLANNING COMMISSION ACTION At its regular meeting on July 11, 2016, by a vote of 5:0 (Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -19 which approved the sale of alcoholic beverages for on- premise consumption at Brasa Rotisserie restaurant located at 3940 South Bristol Street, Unit 111 located in the Commercial Residential (CR) zoning district. The Planning Commission made no changes to the recommended approval of the project (Exhibit A). Stephen Hall, representing Brasa Rotisserie restaurant, requested approval of a conditional use permit (CUP) to allow the on- premise consumption of beer and wine to patrons of the new restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant will be a full service, sit -down eating establishment that is 1,912 square feet in size and will hold approximately 40 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 will be from 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11:00 a.m. to 10:00 p.m. Friday through Sunday. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2016 -19 — Brasa Rotisserie Sale of Alcoholic Beverages 3940 South Bristol Street, Unit 111 August 2, 2016 Page 2 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). FISCAL IMPACT There is no fiscal impact associated with this action. 111-lassan Hag ni, AI Executive Director Planning & Building Agency JA: rb S:Jaguilar \Projects \3940 S Bristol St \CUP16 -19 3940 S Bristol St.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR. Planning Commission Action PLANNING., COMMISSION MEETING DATE: JULY 11, 2096 TITLE: PUBLIC HEARING — FILED BY STEPHEN HALL FOR CONDITIONAL USE PERMIT NO. 2016 -19 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BRASA ROTISSERIE LOCATED AT 3940 SOUTH BRISTOL STREET, UNIT 111 (STRATEGIC PLAN NO, 3, 2) Prepared by Jessica AAA�C Uilar Ixecutive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO C 4> '✓�C G Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -19. Reauest of Applicant Stephen Hall, representing Brasa Rotisserie restaurant, is requesting approval of a conditional use permit (CUP) to allow the on- premise sale of alcoholic beverages at a full- service eating establishment located at 3940 South Bristol Street, Unit 111. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -195 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Brasa Rotisserie restaurant is currently in the process of occupying a tenant space within an existing 17.17 -acre, multi - tenant commercial center that is located on the northwest corner of Sunflower Avenue and Bristol Street. The site is a community shopping center that contains eating establishments, retail stores, service uses, and offices. Major tenants in this center include; Ross, Bed, Bath and Beyond, and Red Robin Gourmet Burgers and Brews. There are two two -story buildings located on the southeastern corner of the center that contain commercial businesses. Brasa Rotisserie restaurant will be located in a ground -floor tenant space in this area. The General Plan land use designation for the site is District Center (DC), which allows a mixture of land uses within major activity areas in the City. District Centers are designed to serve as anchors to the City's commercial corridors, and include a mixture of office, commercial and residential uses. The project is consistent with this General Plan land use designation. The site is located within the Commercial Residential (C -R) zoning district. The C -R zoning district allows for commercial and residential land uses, making the proposed use consistent with the zoning designation. Surrounding land uses include retail and commercial uses to the north, east and west, and retail uses to the south, across Sunflower Avenue, in the City of Costa Mesa (Exhibits 1, 2, 3 and 4). EXHIBIT A 31 B -3 CUP No. 2016 -19 July 11, 2016 Page 2 Pra ect Description Brasa Rotisserie restaurant is requesting approval of a CUP to allow the on- premise sale of beer and wine to patrons of the restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant will be a full service, sit -down eating establishment that is 1,912 - square feet in size and will hold approximately 40 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 will be from 11:00 a.m. to 9:00 p.m, Monday through Thursday and 11:00 a.m. to 10:00 p.m. Friday through Sunday. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area (Exhibit 5). =7 The subject multi- tenant commercial center contains multiple neighborhood- serving businesses. Brasa Rotisserie restaurant is a new fast - casual restaurant that will provide Peruvian -style rotisserie chicken. The Brasa Rotisserie restaurant business owner has been operating another restaurant since February 2013 in the adjacent building within the subject multi - tenant commercial center, Inka Mama's restaurant, which is located at 3030 South Bristol Street, Unit 107. Inka Mama's restaurant is a full- service restaurant that provides alcoholic beverages to customers as a service ancillary to the primary restaurant use. In April 2016, Brasa Rotisserie restaurant submitted their Certificate of Occupancy application for new tenancy of their current location. Brasa Rotisserie restaurant will occupy an existing tenant space that has been occupied by previous office and commercial uses. In May 2016, Brasa Rotisserie restaurant submitted tenant improvement plans for the vacant space. Brasa Rotisserie restaurant intends to begin operating in mid - September. Prior to this request, no discretionary permits have been requested or granted at this location. Protect 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 proposed project will not adversely impact the community. 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. 31 B -4 CUP No. 2016 -19 July 11, 2016 Page 3 The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP for this space will allow the restaurant to function within this neighborhood as a family -owned eating establishment. Moreover, the proposed license 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 alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Brasa Rotisserie restaurant's tenancy will contribute to the maintenance and viability of the commercial development 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 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 is located in a commercial area and its operations will be compatible with the surrounding commercial businesses (Exhibit 6). 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 such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. The project at 3940 South Bristol Street is located in Reporting District No. 131, Reporting District No. 131 ranks 54 out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential negative impacts to the surrounding community. Public Notification The project is not located within the boundaries of a Santa Ana neighborhood, but is in close proximity to the South Coast Neighborhood. Staff contacted the president of the South Coast Neighborhood Association to ensure that the neighborhood was notified of this project and 31 B -5 CUP No. 2016 -19 July 11, 2016 Page 4 to identify any areas of concern. 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 this printing, no correspondence, either written or electronic, had been received. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. General Rule Exemption Environmental Review No. 2016 -64 will be filed for this project. This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of alcoholic beverages at an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -19 QJessica Agul r Planning Technician JA:jm S;Ja9ui1aAPtojeats43940 S Bristol St\CUP16 -19 3940 S &iatol St.po Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photos Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments MEW Al GENWALAGR XTURAL G3M SCUN MAIN SRE500MEFOALDISR7 io F NN®IDEVEOFMW -0 MRQNGMOOIRCAnON -F RLORAFEAMTIO f PLANNEOFaM IALDEE-OWEJT Cl COMMLNNITYMMMERUAL GC GWCSdJM104TGNRR M 3NGIEFAMILYFW0MX C7.MD WMMWFYCOMMEWL -MUSELM DI5 U Ml LIGKINDUSTRAL R! TVO FAMILYRENDENM C2 MWALMMMMAL M2 HMWINDWRAL M MULTIPLE FAMILY R DE4M 0 CENML0A9NESS MO MIUttuWOPWAMONS M W0JFPANAAMMNT C A CAJTMLRANSSARIISIS 'Al-LACE 0 OPEN SACS FE SE, ODMALWIATE G UNMEDS10PRNGCENTS AZ ONBIAYZONE SID SIMSCDWROFMINT C5 ARIFTOALCOMMMAL P PRJRSONAL SP MF1CIPAN M COMMMAL1 DF3JTIAL PCD PAMNm 00MMUNIT'WALOPNPIT CUP 2016-19 BRASH ROTISSERIE 3940 SOUTH BRISTOL STREET, UNIT 111 — — =50D FEET .1 1000 FEkT P L A N N I N G A N D B U I L 0 1 N G A G E N C Y \AdNIN MAP B(HIST I 31 B -7 CUP 2016 -19 BRASA ROTISSERIE 3940 SOUTH BRISTOL STREET, UNIT I I l P L A N N I N G A N D B U I L D I N G A G E N C Y_ LAND USE MAP EXHIBIT 2 31 B -8 e IE3M MR Tr7- F—al lditid [4 j� rm tfl 14 fl14l P#41! 1j] ",l i I I 7717 rf, 'v CUP 2016.19 BRASA ROTISSERIE 3940 SOUTH BRISTOL STREET, UNIT 111 SITE PLAN EXHIBIT 4 31 B -10 s Aso I � ut IMM WE 7 -- 711 �' - --T is- X EE Z-0 i N I 11 loJ'. WIC STORAGE I I DISPLAY CUP 2016 -19 BRASH ROTISSERIE 3940 SOUTH BRISTOL STREET, UNIT 111 FLOOR PLAN EXHIBIT 5 31 B -11 zx d k Sec. 41 -196. 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 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. EXHIBIT 6 1 of 4 31 B -12 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 ( "5AMC ") 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 5AMC 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 31 B -13 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: 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 limitJpotential 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. h. The location and description of any video games proposed to be on the premises. 3ot4 31B-14 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 31 B -15 LS 7.11.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -19 TO ALLOW ON- PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 3940 SOUTH BRISTOL STREET, UNIT 111 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 -19 to allow on- premise sale of alcoholic beverages at the property located at 3940 South Bristol Street, Unit 111. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On July 11, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -19. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -19 to allow for on- premise sale of alcoholic beverages: 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 Alcoholic Beverage Control (ABC) license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages 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.201Gxx Page 1 of 4 31 B -16 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 ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is located within a multi - tenant commercial center and is suitable for the proposed use. The addition of alcoholic beverages on the menu at Brasa Rotisserie restaurant will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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 alcoholic beverages on Resolution No. 2016 -xx Page 2 of 4 31 B -17 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. Brasa Rotisserie restaurant's tenancy contributes to the maintenance and viability of the commercial development 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 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 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2016 -64 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Aria, 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 -19 for the project located at 3940 South Bristol Street, Unit 111. 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 July 11, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No, 2616 -xx Page 3 of 4 31 B -18 ADOPTED this 11th day of July, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvaiho, City Attorney 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 July 11, 2016. Date: Acting Recording Secretary City of Santa Ana 31 B -19 Resolution No. 2016 -xx Page 4 of 4 31 B -20