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Home My WebLink About31C - CUP - 3751 S HARBOR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -24 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLEVER LEAF LOCATED AT 3751 SOUTH HARBOR BOULEVARD, UNIT F - DARRYL KWOK, APPLICANT (STRATEGIC PLAN NO. 3,2) i _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1et 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. 2016 -24. 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 -24 which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of alcoholic beverages with food service at Clever Leaf restaurant located at 3751 South Harbor Boulevard, Unit F in the Light Industrial (M -1) zoning district. The Planning Commission made no changes to the recommended approval of the project (Exhibit A). DISCUSSION Darryl Kwok, representing Clever Leaf restaurant, requested approval of a conditional use permit (CUP) to allow the on- premise consumption of alcoholic beverages to patrons of the new restaurant. Pursuant to Section 41 -196 of the Santa Ana Municipal Code, 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 applicant is in the process of making tenant improvements to combine two existing units to create a new 2,779- square -foot restaurant space at the northeast corner of Harbor Boulevard and Sunflower Avenue. The restaurant will be located in an existing commercial development that is 3.39 acres in size and provides parking for 205 vehicles. 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 11:00 p.m. daily. Alcohol storage and display areas 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 C -1 Conditional Use Permit No. 2016 -24 — Clever Leaf Sale of Alcoholic Beverages — 3751 South Harbor Boulevard, Unit F 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. Hassan Hagkani, AJOP Executive Director Planning & Building Agency PG:rb S: \Planning \PGuerra \Projects \3751 S HARBOR \cup 16 -24 3751 S Harbor.cc.dcc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR ■• x +,r ', PLANNING COMMISSION MEETING DATE: JULY 11, 2016 TITLE: PUBLIC HEARING — FILED BY DARRYL KWOK FOR CONDITIONAL USE PERMIT NO, 2016 -24 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLEVER LEAF LOCATED AT 3751 S HARBOR BOULEVARD, UNIT F {STRATEGIC PLAN NO, 3,2) Prepared by Pamela Guerra APPROVED • As Recommended • As Amended El Set Public Hearing For DENIED El Applicant's Request ❑ Staff Recommendation CONTINUED TO Exec ive Director Planning Manager RECOMMENDED ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016 -24. Request of Applicant Darryl Kwok, representing Clever Leaf, is requesting approval of a conditional use permit (CUP) to allow the on- premise sale of alcoholic beverages at a full - service eating establishment to be located at 3751 South Harbor Boulevard, Unit F. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Protect Location and Site Description Clever Leaf is in the process of making tenant improvements to combine two existing units to create a new restaurant space at the northeast corner of Harbor Boulevard and Sunflower Avenue. The two units were occupied by Harbor Deli and K.I.T, Wireless, and the units combined contain 2,779 square feet. The property contains approximately 29,643 square feet of leasable area across three buildings as part of an existing commercial center and is 3.39 acres in size. A total of 205 parking spaces are provided for this site.. The General Plan land use designation for the site is Industrial (IND). The Industrial designation applies to areas which are predominantly industrial in character but also include commercial uses which are ancillary to industrial uses in this district, such as eating establishments, The project is consistent with this General Plan land use designation. The site is located within the Light Industrial (M -1) zoning district. The M -1 zoning district allows for eating establishments, making the proposed use consistent with the zoning designation. Surrounding land uses include commercial uses to the north and east, commercial and industrial uses to the west across Harbor Boulevard along the Costa Mesa border, and commercial, industrial, and educational (Whittier Law School) uses to the south across Sunflower Avenue along the Costa Mesa border (Exhibits 1, 2 and 3). EXHIBIT A 31 C -3 CUP No. 2016-24 July 11, 2016 Page 2 Project Description Clever Leaf is requesting approval of a CUP to allow the on-premise sale of alcoholic beverages to patrons of the restaurant. Pursuant to SAIVIC Section 41-196, eating establishments wishing to sell alcohol to diners require approval of a CUP; however, the use of the property as an eating establishment is permitted by right. The restaurant will combine two units to create a new restaurant space formerly occupied by Harbor Deli and K.I.T. Wireless. Clever Leaf began tenant Improvements in April 2016; Alcohol storage and display areas will consist of less than five percent of the floor area (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 11:00 a.m. to 11:00 p.m. daily, Proiect Background The subject site, Harbor Promenade, is located on the southwestern border of Santa Ana and contains multiple neighborhood-serving businesses, The development was originally built between 1989 and 1990 to host retail and eating establishment uses. Currently, the development contains nineteen units across three buildings, and Clever Leaf will be combining two existing units to create a new restaurant space. A parking analysis has been conducted to confirm that the site contains adequate parking supply (Exhibit 3). Clever Leaf is a new, full-service restaurant specializing in modernized Hong Kong-style barbeque food and cuisine served in an American-style atmosphere and style of service. This is the first restaurant for mother and son team Winnie and Darryl Kwok. Winnie is the owner of the restaurant, and Darryl will serve as the chef and operations manager. The menu will focus on the use of ingredients from local farms and suppliers. The food offerings will be seasonal, making use of organic produce, hormone- and antibiotic-free meat, and seafood from sustainable Sources. The applicant is requesting approval of a CUP to allow the sale of alcoholic beverages for on-site consumption. Clever Leaf intends to provide a unique dining experience with its seasonal offerings and environmentally conscious sourcing. RroLect Anal sis y_ Conditional use permit requests are governed by Section 41-638 of the SAIVIC, 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 31 C-4 CUP No. 2016 -24 July 11, 2016 Page 3 information„ staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained In this report. 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 food - related amenity. The granting of the CUP for this space will allow the restaurant to serve complementary alcoholic beverages to their seasonal menu offerings and provide their guests with a full culinary experience, The proposed use will not be detrimental: to the health, safety, and welfare of the - community. The lead and management positions of the restaurant staff have previous restaurant experience and are knowledgeable regarding safety and service procedures of food, alcoholic, and nonalcoholic beverages. Additionally, all members of management and floor staff will have alcohol training and certification. The proposed ABC license will be in compliance with all other regulations, including alcohol storage and display area criteria set forth in Section 41- 196{8}(25) of the SAMC. Further, the site will be in compliance with all operational standards set forth in Section 41.196(g) of the SAME, which govern the on- premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses, Clever Leaf Is proposing to locate within an existing development that contains several other retail and eating establishments, and its operations will be compatible with the surrounding businesses. Police Department Analysls 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. 31 C -5 CUP No. 2016-24 July 11, 2016 Page 4 The project is located in Reporting District No. 91. Reporting District No. 91 ranks 81 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 and conditions of approval 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 an established Neighborhood Association. However, the project site 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. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). 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 from an existing structure. No 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 Objectives No. 2 (create new opportunities for businessijob growth development through new General Plan and Zoning Ordinance policies). 31 C -6 Economic Development, and encourage private CUP No: 2016 -24 July 11, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -24. Guerra g Technician PG:jm 5: \Planning \PGuermlProjeots\3751 5 HARBOR1cup 16- 243751 3 Warbondpc 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 31 C -7 AT GENERALAGRMULTURAL} C0 COMMERCIAL RESIDENTIAL HT 51NGLEFAMLY RESIDENTIAL -R PARKING MODIFICATION GC GOVEHNMENTGENIER N: TWO FAMILY RESIDENCE CSM COMMERCIAL 50M MAIN Ml LIGHTINOUSTRIAL 93 MULTIPLE DENSITY MULTIPLE CI COMMUNITY COMMERCIAL MT HEAVY INDUSTRIAL FAMILY RESIDENCE CYMD COMM COMMERCIA-tMUSEUM DISTRICT MO MILITARY OPERATIONS IN SURURSANAPARTMENT5 Q GENERAL COMMERCIAL 0 OPEN SPACE RE RPSIDEPTNACESTATE C3 CENTRAL BUSINESS A PROFESSIONAL 50 SPECIFIC DEVELOPMENT C3 -A CENTRAL BUSINESS-ARTIfl'NLLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFICPLAN Cn PLANNED SHOPPING CENTER ART) PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 2016- 24 -RST CLEVER LEAF BOULEVARD, UNIT 3751 SOUTH HARBOR 500 FEET T" =1000 FEET 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 EXHIBIT 1 31 C -8 i CUP 2016- 24 -RST CLEVER LEAF 3751 SOUTH HARBOR BOULEVARD, UNIT F sr P L A N N 1 N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 C -9 CUP 2016.24-RST CLEVER LEAF ABC LICENSE 3751 SOUTH HARBOR BOULEVARD, UNIT F SITE PHOTOS EXHIBIT 3 31 C -10 ACC '39WAY i €T v SUNFLOWER OLNUE CUP 2016.24-RST CLEVER LEAF ABC LICENSE 3751 SOUTH HARBOR BOULEVARD, UNIT F SITE PLAN EXHIBIT 4 31 C -11 ,vL,� S� II II ".'—"I III •arc STORAGEANO DISPLAY TENANT SPACE = 2779 SQ FT LIQUOR STORAGE = 69 SQ. FT 2.18 ° /a CUP 2016.24-RST CLEVER LEAF ABC LICENSE 3751 SOUTH HARBOR BOULEVARD, UNIT F FLOOR PLAN EXHIBIT 5 31 C -12 LE ...E J4 EkX.. O. c G4SUt a M'f',m�+u N� 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 pursuantto Section 41 -1.96 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 sates, 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;40 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 applicants 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. 6.. 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 boverages 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. 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 C -13 The outdoor queuing Tine 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 applicants) shalt 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 31C-14 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. G. Procedures for handling patrons Involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to server the patron, Procedures for calling the police regarding observed or reported criminal activity. g, Procedures for management of queuing lines. K The location and description of any video games proposed to be on the premises. 3of4 31 C -15 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, 4 of 4 31 C -16 LS 711A 6 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -24 TO ALLOW AN ON- PREMISE ALCOHOLIC 'BEVERAGE CONTROL LICENSE AT CLEVER LEAF LOCATED AT 3751 SOUTH HARBOR BOULEVARD, UNIT F 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 -24 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at V51 South Harbor Boulevard, Unit F. B. Santa Ana Municipal Code Section 41.196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of alcoholic beverages that Is ancillary to the primary restaurant use. C. On July 11, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No: 2016 -24. Q. The Planning Commission determines that the following findings, which must be establ`shed 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 hits. 2016 -24 to allow the ABC license: 1. 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 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 the restaurant with an additional and complementary food- related amenity,. Standards and conditions 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. 2018 -xx Page 1 of 4 31 C -17 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 ABC license will not be detrimental to persons residing or working in the vicinity as operational standards pertaining 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. 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 tite restaurant to compete with other neighboring restaurants that offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Clever Leaf, a small business, to remain economically viable and contribute to the overall success of this development, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and 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 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 (5 %) 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. Will the proposed use adversely affect the General Plan or any specific plan of the City? 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 sand 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 Resolution No. 2016 -xx Page 2 of k 31 C -18 residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that Is safe and attractive. Conditions and 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 an existing development that contains a number of retail and eating establishments, and its operations will be compatible with the surrounding businesses. Additionally, the General Plan land use designation for the site is Industrial (IND). The Industrial designation applies to areas which are predominantly industrial in character but also include commercial uses which are ancillary to industrial uses in this district~ such as eating establishments, The project is consistent with this General Plan land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3). 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 a full- service restaurant within an existing structure. 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 -24. 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, all of which are incorporated herein by this reference, Resolution No, 2016 xx Page 3 of 4 31 C -19 ADOPTED this 11th day of July 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT. Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho; City Attorney Sy: _. Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adapted by the Planning Commission of the City of Santa Ana on July 11, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2016 -xx Page 4 of d 31 C -20