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HomeMy WebLinkAbout181210_RESO 2018-37_2709 W WESTMINSTER AVE UNIT D AND ELS 12.10.18 RESOLUTION NO. 2018-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-22, AS CONDITIONED, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISES CONSUMPTION AT RESTAURANT ACAPULCO NO. 2 LOCATED AT 2709 WEST WESTMINSTER AVENUE, UNITS D AND E 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. Joseph Rodriguez ("Applicant") representing Restaurant Acapulco No. 2, is requesting approval of Conditional Use Permit No. 2018-22 to allow the sale of alcoholic beverages for on -premises consumption at an existing restaurant located at 2709 West Westminster Avenue, Unit E, which will be expanding into the adjacent tenant space located at 2709 West Westminster Avenue, Unit D. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on - premises consumption. C. On November 13, 2012, the Planning Commission confirmed the Zoning Administrator's action, approving Conditional Use Permit No. 2012-21 as conditioned, which approved an upgrade from a Type 41 to a Type 47 Alcohol Beverage Control License, allowing the on -premises consumption of alcoholic beverages for Taqueria Acapulco (previous business name) restaurant located at 2709 West Westminster Avenue, Unit E. D. On December 10, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-22. E. 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. 2018-22 to allow the sale of alcoholic beverages for on -premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 2018-37 Page 1 of 6 Restaurant Acapulco No. 2 currently provides alcoholic beverages for on -premises consumption at this location. The proposed physical expansion of the restaurant will provide additional seating space for the restaurant's customers. This will also facilitate the operations of the restaurant making the customer experience even more pleasing, continuing the sale of beer, wine, and spirits with meals. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community as it has not for the last two decades. 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 physical expansion of the restaurant and sale of alcoholic beverages for on -premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Restaurant l Acapulco No. 2 is an existing bona -fide restaurant and the expansion will not change the use of alcohol sales, as such sales remain an ancillary use to the restaurant. Finally, all of the operational standards identified in SAMC Sec. 41-196 will continue to apply to this establishment. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. Restaurant Acapulco No. 2 has been in operation for more than 20 years at this location, including the sale of alcohol. The proposed expansion will not adversely affect the economic stability of the area, but will instead allow the restaurant to continue offering the same dining opportunities, only in a larger restaurant space. Moreover, the expansion and sale of alcoholic beverages will allow Restaurant Acapulco No. 2 to remain economically viable and competitive with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2018-37 Page 2 of 6 The proposed conditional use permit modification will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on -premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 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. 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 -premises consumption at this location will not adversely affect the General Plan or any specific 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 provide alcoholic beverages as part of their menu 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Finally, Restaurant Acapulco No. 2 is located within a commercial multi -tenant development and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, 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 continue to allow the on -premises sale of alcoholic beverages at an existing full-service restaurant with minor interior tenant improvements. There is no reasonable possibility that the project will have a significant Resolution No. 2018-37 Page 3 of 6 effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. 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. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-22, as conditioned as set forth in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on -premises consumption for the project located at 2709 West Westminster Avenue, Units D and E. 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 December 10, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2018. AYES: Commissioners: CONTRERAS-LEO, MCLOUGHLIN, MENDO.- NGUYEN, VERINO (5) NOES: Commissioners: ABSENT: Commissioners: ALDERETE (1) ABSTENTIONS: Commissioners: M r cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Resolution No. 2018-37 Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2018. Date: M I 10 A" 6 Commission Secretary City of Santa Ana Resolution No. 2018-37 Page 5 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-22 Conditional Use Permit No. 2018-22 for on -premises alcohol sales is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. Prior to the release of the Alcohol Beverage Control License, the Applicant shall receive approval of all building permits pertaining to the expansion of the restaurant into 2709 Westminster Avenue, Suite D. 2. In order to comply with Sec. 41-196.5 of the SAMC and Chapter 11 of the same, the tenant shall at all times have a current and approved Entertainment Permit on file with the City of Santa Ana. i t. Resolution No. 2018-37 Page 6 of 6