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HomeMy WebLinkAboutRESO 2019-03_307 E FIRST STREETLS 1. 28.19 RESOLUTION NO. 2019-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-25 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISES CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-02 TO ALLOW AFTER-HOURS OPERATION, AS CONDITIONED, AT JUGOS ACAPULCO WITH WINGS RESTAURANT LOCATED AT 307 EAST FIRST STREET, UNITS 1-A, 1-B AND 1-C 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. Consuelo Arredondo ("Applicant"), owner of Jugos Acapulco with Wings Restaurant, is requesting approval of Conditional Use Permit No. 2018-25 to allow the sale of alcoholic beverages for indoor and outdoor on -premises consumption and Conditional Use Permit No. 2019-02 to allow after-hours operation at an existing restaurant located at 307 East First Street, Units 1- A, 1-B and 1-C. B. Santa Ana Municipal Code Section 41-196 and Section 41-2007 requires approval of a conditional use permit for establishments wishing to sell alcohol for on -premises consumption. C. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit to allow any business to operate between the hours of 12:00 a.m. and 7:00 a.m. The Applicant is proposing to operate the business from 6:00 a.m. to 9:00 p.m., one hour earlier than the Code prescribed limits. D. On January 28, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2018-25 and 2019-02. 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. 2018-25 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. 2019-03 Page 1 of 7 The proposed sale of alcoholic beverages for on -premises consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applied 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. 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 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. Jugos Acapulco with Wings will function as a bona -fide restaurant and the addition of alcohol will be ancillary to the main use. 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. 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 the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow Jugos Acapulco with Wings to remain economically viable and compete 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. The proposed alcohol beverage control license and conditional use permit will be in compliance with all applicable regulations and operational standards imposed on Resolution No. 2019-03 Page 2 of 7 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. 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. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Jugos Acapulco with Wings is located within a commercial center and in the city's downtown district, and its operation is compatible with the surrounding commercial businesses. F. 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 41-2007, have been established for Conditional Use Permit No. 2019-02 to allow for after- hours operation. 1. That the proposed use will provide a service or facility that will contribute to the general well-being of the neighborhood or the community. Resolution No. 2019-03 Page 3 of 7 The proposed after-hours operations will provide an ancillary service to individuals that wish to have an early meal and coffee or juice. This will thereby benefit the community by providing a food -related amenity offering service before 7:00 a.m., which is consistent with other restaurants in the Downtown area that operate with extended hours. 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 after-hours operations at the subject location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use is an eating establishment that will provide a service the nearby residents. In addition, the Police Department does not object to granting the conditional use permit. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is situated along a commercial corridor and Downtown such that it is appropriate for the proposed commercial use and after-hours operations. The establishment of this restaurant promotes a balance of land uses that enhance the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project is in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. Resolution No. 2019-03 Page 4 of 7 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 with extended hours of operation 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. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project involves the issuance of an ABC license and after-hours operations along with minor tenant improvements within an existing commercial building. 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. 2018-25 for the alcoholic beverage control license for the sale of alcohol for on -premises consumption for the project located at 307 East First Street, Unit 1-A and 1-C, and hereby approves Conditional Use Permit No. 2019-02 for the after-hours operation, as conditioned 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 January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-03 Page 5 of 7 ADOPTED this 28th day of January, 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Nguyen, Verino (5) NOES: Commissioners: ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) None (0) Alderete, Benavides (2) k -AI& G Mark McLough in Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2019. Date: Commission Secretary City of Santa Ana Resolution No. 2019-03 Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2018-25 and 2019-02 Conditional Use Permits Nos. 2018-25 and 2019-02 for on -premises consumption of alcoholic beverages and after-hours operation at 307 East First Street, Units 1-A, 1-B and 1-C, are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permits. 1. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance to the operational standards for on -sale establishments pursuant to Section 41-196(8) of the SAMC and in accordance with the provisions of a Type - 41 alcohol license by the State Alcohol Beverage Control Board (ABC). 2. The sales, service, and consumption of alcoholic beverages, inside the premise and outdoor patio area, shall be limited from 11:00 a.m. to 9:00 p.m. Monday through Sunday. 3. The business operator, at his/her expense shall provide a licensed uniform security guard on the premise from 11:00 a.m. to 9:00 p.m. Monday through Sunday. 4. The outdoor patio area shall be enclosed by a fence no less than 36 inches in height and shall comply with the Department of Alcoholic Beverage Control regulations. Employees shall always be present in the dining area and outdoor dining area and shall have constant view of the patio from inside the business through the storefront windows which shall remain clear glass and shall have no obstructions besides approved window signage. 5. All outdoor furniture shall be placed indoors when the establishment is not open. 6. Prior to the release of the Alcohol Beverage Control License, the Applicant shall receive approval of all required building permits pertaining to the expansion of the restaurant into 307 East First Street, Unit 1-C. Resolution No. 2019-03 Page 7 of 7