HomeMy WebLinkAboutRESO 2016-29_3751 S Harbor Blvd (Clever Leaf ABC)LS 7.11.16
RESOLUTION NO. 2016-29
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 3751 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.
D. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have
been established for Conditional Use Permit No. 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. 2016-29
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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 the 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 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
Resolution No. 2016-29
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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. 2016-29
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ADOPTED this 11" day of July 2016 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
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. 2016-29 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on July 11, 2016.
Date: 7/////(P
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-29
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