HomeMy WebLinkAboutRESO 2019-13_1302 E 17TH STREET UNIT DLS 3.25.19
RESOLUTION NO. 2019-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2019-05 AS CONDITIONED TO ALLOW
THE SALE OF ALCOHOLIC BEVERAGES FOR ON -
PREMISES CONSUMPTION AT WINGSTOP RESTAURANT
LOCATED AT 1302 EAST SEVENTEENTH STREET, UNIT
D
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. Daniel Sonenshine with Far West Restaurant Group, LLC ("Applicant')
representing Wingstop restaurant, is requesting approval of Conditional Use
Permit No. 2019-05 to allow the sale of alcoholic beverages for on -premises
consumption (Type 41 — Beer and Wine) for the property located at 1302
East Seventeenth Street, 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 March 11, 2019, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2019-05.
D. After holding the public hearing, the Planning Commission continued the
item to the March 25, 2019, Planning Commission meeting.
E. On March 25, 2019, the Planning Commission held another public hearing
on Conditional Use Permit No. 2019-05.
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 41-638, have been
established for Conditional Use Permit No. 2019-05 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.
The proposed sale of alcoholic beverages for on -premises
consumption at this location will provide an ancillary service to
Resolution No. 2019-13
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the restaurant's customers by allowing them the ability to
purchase beer and wine with their meal. 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.
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. In addition, the subject site is not located within
immediate proximity to parks, playgrounds, schools, or
religious institutions and the building is located
approximately 300 feet away from the nearest single-family
residences. Wingstop will be 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
Wingstop 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 conditional use permit will be in compliance
with all applicable regulations and operational standards
imposed on a restaurant selling alcoholic beverages for on -
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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.
Wingstop is located within a commercial center and its
operation is compatible with the surrounding commercial
businesses.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the 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 allow the on -premises sale of alcoholic beverages
at a full -service restaurant and minor interior tenant improvements. 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 and no new
expansion of the existing building is proposed.
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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. 2019-05 for the alcoholic
beverage control license for the sale of alcohol for on -premises consumption for the
project located at 1302 East Seventeenth Street, Unit D, 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 March 25, 2019, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 2511 day of March, 2019.
AYES: Commissioners: Alderete, Benavides, Cano, Contreras -Leo, McLoughlin,
Nguyen, Rivera (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By/A
Lisa Storck
Assistant City Attorney
�at A 0-13-6� - &
rk McLoughlin
airperson
Resolution No. 2019-13
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I
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2019-13 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 25, 2019.
Date: z 5 I `I S4141 b 't-IS t/�
Commission Secretary
City of Santa Ana
Resolution No. 2019-13
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�S
3
Conditions of Approval for Conditional Use Permit No. 2019-05
Conditional Use Permit No. 2019-05 for on -premises consumption of alcoholic
beverages 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 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 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. The sales, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on -sale establishments pursuant
to Section 41-196(g) 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, sales, service, and consumption of alcoholic beverages shall
be limited from 10:30 a.m. to 12:00 a.m. Monday through Sunday.
3. Prior to issuance of a Certificate of Occupancy, the Property Owner shall execute
a Property Maintenance Agreement with the City of Santa Ana which shall be
recorded against the property and which shall be in a form reasonably
satisfactory to the City Attorney. The agreement will be subject to review and
applicability by the Planning and Building Agency, the Community Development
Agency, the Public Works Agency, and the City Attorney to ensure that the
property and all improvements located thereupon are properly maintained.
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