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HomeMy WebLinkAboutRESO 2018-14_413 W 17TH STREETLS 4.23.18 RESOLUTION NO. 2018-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-32 TO ALLOW THE ON - PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES AT EL CORTIJO GRILL RESTAURANT LOCATED AT 413 WEST SEVENTEENTH STREET, UNITS 106 AND 107 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. 2016-32 to allow an on -premises Alcoholic Beverage Control (ABC) license for the property located at 413 West Seventeenth Street, Units 106 and 107. B. Santa Ana Municipal Code (SAMC) section 41-196 requires a conditional use permit (CUP) for the sale of alcoholic beverages for on-site consumption of beer, wine, and distilled spirits service that is ancillary to the primary restaurant use. C. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. At said public hearing, the Commission voted to continue the item until staff reviewed the current state of the parking lot and disrepair at the property. D. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. Staff provided feedback on the site repairs and recommended that since the application was for one individual tenant space, the requirements to bring the entire parking area to compliance was not the responsibility of a single tenant, but the property owner and indicated that the Code Enforcement Division would take action on the matter. Although the application was being considered, the Planning Commission also mentioned that several tenant spaces on the property were being used for illegal dispensaries. Since the CUP is an entitlement that benefits the property owner, no further consideration of the CUP was taken until the illegal uses vacated the property. E. In February 2018, in a joint task force, the Santa Ana Police Department and the Code Enforcement Division were able to vacate the illegal Resolution No. 2018-14 Page 1 of 5 dispensaries and EI Cortijo Grill was permitted to continue the CUP process. F. On April 23, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. G. 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. 2016-32 to allow for the on -premises ABC license: 1. That the proposed use provides 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 -premises consumption will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of 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 address any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 sale of alcoholic beverages for on -premises consumption at this location will not be detrimental to 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. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use ensuring that EI Cortijo Grill Restaurant continues to operate as a bona -fide restaurant. The site is located away from sensitive land uses, ensuring the health and safety of the residents living in the vicinity. 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. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. Resolution No. 2018-14 Page 2 of 5 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties in the surrounding area. The proposed sale of alcoholic beverages will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the conditional use permit for the ABC license will enhance the economic viability of the area and create a more attractive eating opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow EI Cortijo Grill Restaurant, a fast casual establishment, to remain economically viable and contributes to the overall success of eating establishments along the Seventeenth Street corridor. 4. That the proposed use complies 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, including alcohol storage and display area set forth in Section 41- 196(8). 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. The facility will be maintained as 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 restaurant will utilize less than five (5%) percent of the gross floor area for the display and 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 beverages will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, Resolution No. 2018-14 Page 3 of 5 the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with and supporting of surrounding land uses. EI Cortijo Grill Restaurant is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. H. 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 -premises sale of beer, wine, and distilled spirits at a full-service restaurant within an existing structure. Categorical Exemption Environmental Review No. 2016-94 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. 2016-32. 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 April 23, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of April, 2018 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: MENDOZA (1) ABSTENTIONS: Commissioners: n Ma cLoughlin Chairperson Resolution No. 2018-14 Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Se((4 — Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-14 to be the original resolution adopted by the Planning Commissionof the City of Santa Ana on April 2331, 2018. / n Date: / 2311 Planning Commission Secretary City of Santa Ana Resolution No. 2018-14 Page 5 of 5