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HomeMy WebLinkAboutRESO 2017-12_120 W Fifth StreetLS 3.27.17 RESOLUTION NO. 2017-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-09, AS CONDITIONED, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT ESPORTS CAFE LOCATED AT 120 WEST FIFTH STREET 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. 2017-09 to allow the sale of alcoholic beverages for on -premise consumption for the property located at 120 West Fifth Street. B. Santa Ana Municipal Code Section 41-2007 (Table 2A) requires a conditional use permit for the sale or consumption of alcoholic beverages. C. On March 27, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-09. 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. 2017-09 to allow for sale of alcoholic beverages for on -premise consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sale of alcoholic beverages for on -premise consumption at this location will provide an ancillary service to eSports Arena and its patrons by allowing them the ability to purchase a variety of food and alcoholic beverages at the entertainment venue. This will thereby benefit the community by providing a full-service entertainment and recreation facility with an additional and complementary food -related amenity. Standards are applicable to the alcoholic beverage control license and the proposed on-site cafe which will address any potential impacts created by the Resolution No. 2017-12 Page 1 of 5 sale of alcoholic beverages and ensure that the uses will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on -premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. The subject facility operates primarily as a computer gaming facility and spectator arena with the sale of alcoholic beverages for on-site consumption at the proposed cafe as an added amenity. The addition of alcohol will be ancillary to the main uses on site. Moreover, the site's location away from sensitive land uses reduces any potential impacts to others in the vicinity. Finally, the sale of alcohol at the cafe is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow eSports Arena to enhance its services to its customers, similar to other indoor commercial recreation facilities in Santa Ana and surrounding communities. Offering alcoholic beverages will allow eSports Arena to remain economically viable and compete with other indoor commercial recreation venues in the vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use shall 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 an eating establishment selling alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will contain a full-service, bona - fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the cafe will utilize less than five (5) percent of the gross floor area for the display and Resolution No. 2017-12 Page 2 of 5 storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed sale of alcoholic beverage for on -premise consumption at this location 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 recreation venues such as arenas, gaming facilities, bowling alleys, and the subject facility that feature alcoholic beverages with food offers additional entertainment options for Santa Ana residents and visitors. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. eSports arena is located in a commercial area and its operation will be compatible with the surrounding commercial businesses. E. 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 at an eating establishment proposed within an indoor recreation use. It has been found by the City that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2017-11 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. 2017-09 as conditioned Resolution No. 2017-12 Page 3 of 5 in Exhibit "A" attached hereto and incorporated herein. 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 March 27, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of March, 2017 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS-LEO, MCCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:l/I.� Lisa Storck Assistant City Attorney ALDERETE (1) vette Verino Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-12 to be the original resolution adopted by the Planning Commission of the Citv of Santa Ana on March 27. 2017. Date: 3 P 1'h— Commission Secretary City of Santa Ana Resolution No. 2017-12 Page 4 of 5 Conditions for Approval Conditional Use Permit No. 2017-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this site plan review approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review approval. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division 1. Hot foods shall be available for purchase at all times during which alcohol is offered for sale to patrons. Resolution No. 2017-12 Page 5 of 5 31 L�