HomeMy WebLinkAboutRESO 2017-35_1901 E FIRST STREETLS 11.13.17
RESOLUTION NO. 2017-35
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2017-27 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -PREMISE
CONSUMPTION AT PORROVITA JUICE BAR LOCATED
AT 1901 EAST FIRST STREET, UNIT 136
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. 2017-27 to
allow the sale of alcoholic beverages for on -premise consumption for the
property located at 1901 East First Street, Unit 136.
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 November 13, 2017, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2017-27.
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.
2017-27 to allow for the on -premise 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 the
community.
The proposed sale of alcoholic beverages for on -premise
consumption at this location 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
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the use and ensure that the use 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 the
health, safety, or general welfare of persons residing or
working in the vicinity because operational standards to the
alcoholic beverage control license will address any potential
negative or adverse impacts created by the use. Porrovita
Juice Bar, a restaurant use and the addition of alcohol will be
ancillary to the main use ensuring that the establishment
operates as a bona -fide restaurant. Furthermore, sensitive
land uses are not located close the restaurant; therefore, this
will reduce any potential impacts to others in the surrounding
area. All of the operational standards identified in SAMC
Sec. 41-196 will apply to this establishment. Finally, the sale
of alcohol in the restaurant is intended to be incidental to the
primary use as an eating establishment and will occur within
the premises.
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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 affect the economic stability of the
area. Instead, Porrovita Juice Bar will aid the economic
stability through job creation and generating revenue through
sales tax. The new restaurant has the potential to attract
more customers by offering alcoholic beverages, since this
will expand its menu selection and allow the restaurant to
economically prosper.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol beverage 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. The facility will be
maintained as a full service bona -fide eating establishment.
In addition, the restaurant will use less than five (5) percent
of the gross floor area for the display and/or storage of
alcoholic beverages, which is the maximum threshold
established by the Santa Ana Municipal Code. Operational
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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.
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 sale of alcoholic beverages 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 restaurants that feature alcoholic beverages on their
menus offers additional dining options for Santa Ana residents
and visitors. Furthermore, 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. Porrovita Juice Bar is located in a commercial area and
its operations are compatible with the surrounding commercial
businesses.
Section 2. 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 be 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. It has been found by the City that the
use will not create any adverse impacts such as noise, traffic, or safety concerns. The
overall 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.
Section 3. 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.
Resolution No. 2017-35
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Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2017-27 for the project
located at 1901 East First Street, Unit 136. 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 November 13, 2017, and the public testimony,
written and oral, all of which are incorporated herein by this reference.
ADOPTED this 131h day of November, 2017 by the following vote.
AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO,
MCLOUGHLIN, MENDOZA, NGUYEN (6)
NOES: Commissioners:
ABSENT: Commissioners: VERINO (1)
ABSTENTIONS: Commissioners:
�I
Ma'irl McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 62�1 '4cy-�
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2017-35 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 13, 2017.
Date: I(�I3�Ia—
A" 16,E
Recording Secretary
City of Santa Ana
Resolution No. 2017-35
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