HomeMy WebLinkAboutRESO 2019-45_1801 S MAIN STREET UNITS D AND ELs 10.14.19
RESOLUTION NO. 2019-45
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2019-10 AS CONDITIONED TO ALLOW
THE SALE OF DISTILLED SPIRITS FOR ON -PREMISES
CONSUMPTION AT MARISCOS HECTOR #1
RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET,
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. Mark Gaughan ("Applicant"), representing Mariscos Hector #1, is requesting
approval of Conditional Use Permit No. 2019-10 to allow the sale of distilled
spirits in addition to the currently allowed beer and wine sales for on
premises consumption for the property located at 1801 South Main Street,
Unit E. Applicant is proposing to expand into an adjacent tenant space, Unit
D, and is requesting approval to sell alcoholic beverages within the
additional floor area.
B. In 1988, Land Use Certificate No. 1988-15 was transferred from Senor
Polio to Mariscos Hector restaurant to allow for the sale of beer and wine
for on -premises consumption.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
on- or off -premise consumption.
D. On April 22, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10. At the conclusion of this
hearing, the Commission continued the item to allow staff, the Applicant,
and the interested neighborhood groups the ability to address potential
impacts from the restaurant.
E. On October 14, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10.
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. 2019-10 to allow the sale
of distilled spirits for on -premises consumption at Mariscos Hector #1 at
1801 South Main Street, Units D and E:
Resolution No. 201946
Page 1 of 7
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
the restaurant's customers by allowing them the ability to
purchase alcohol 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. Mariscos Hector #1 is 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 will be incidental to the primary use as a bona
fide 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
Mariscos Hector #1 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, attracting visitors and residents to the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
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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 -
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. Policy 2.9 supports developments that
create a business environment that is safe and attractive. The
property maintenance condition of approval will maintain a
safe and attractive environment in the community. Further,
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. Mariscos Hector #1 is
located within a commercial shopping 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
Resolution No, 2019-45
Page 3 of 7
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.
Section 3. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations, and
such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, any action of, or any permit or approval issued by the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate
with Applicant in the defense of the Action.
Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2019-10 as conditioned
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
1801 South Main Street, 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 October 14, 2019, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
*Signature page follows*
Resolution No. 2019-45
Page 4 of 7
ADOPTED this 14th day of October, 2019.
AYES: Commissioners: CANO, MCLOUGHLIN, NGUYEN (3)
NOES
ABSENT
Commissioners
Commissioners
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
RIVERA (1)
CONTRERAS-LEO (1)
X
k McLoughlin
Chairperson
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2019-45 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 14, 2019.
Date:E
'tic.; '16.e"',,tQ.
Commission Secretary
City of Santa Ana
Resolution No. 201945
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-10
Conditional Use Permit No. 2019-10 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
(SAMC), 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.
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-47 alcohol license by the State Alcohol Beverage Control Board (ABC).
2. Prior to release of the ABC license, the window tinting shall be removed to be in
compliance with the Municipal Code.
Prior to release of the ABC license, a new entertainment permit shall be applied
for and be approved.
4. If off -site parking is proposed, the lot shall comply with the City's Building
Security Ordinance (i.e. parking lot lighting).
Prior to release of the ABC license, a Property Maintenance Agreement must be
recorded against the property. 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,
Applicant (and the owner of the property upon which the authorized use and/or
authorized improvements are located if different from the Applicant) shall execute
a 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 maintenance agreement shall contain covenants, conditions
and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control and
noise mitigation measure; adherence to approved project phasing etc.);
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(b) Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris, enforcement
of the parking management plan, and/or restrictions on certain uses,
(c) Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as applicable;
(d) Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on the
proliferation of trash and debris about the property; the proper and timely removal
of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized
and/or weathered buildings, structures and/or improvements; the timely
maintenance, repair and upkeep of exterior paint, parking striping, lighting and
irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as
applicable);
(e) If Applicant and the owner of the property are different (e.g., if the Applicant is
a tenant or licensee of the property or any portion thereof), both the Applicant
and the owner of the property shall be signatories to the maintenance agreement
and both shall be jointly and severally liable for compliance with its terms.
(f) The maintenance agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in the property
or any interest in any lease, sublease, license or sublicense, unless the
prospective assignee agrees in writing to assume all of the duties, obligations
and responsibilities set forth under the maintenance agreement.
(g) The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City may
undertake in order to cure any deficiency in maintenance, repair or upkeep or to
enforce any restrictions or conditions upon the use of the property. The
maintenance agreement shall further provide that any unreimbursed costs and/or
expenses incurred by the City to cure a deficiency in maintenance or to enforce
use restrictions shall become a lien upon the property in an amount equivalent to
the actual costs and/or expense incurred by the City.
6. Prior to issuance of the ABC license to the State Board of Alcoholic Beverages,
the applicant shall obtain building permits to replace the existing restaurant
storefront with a soundproof storefront (Added by the Planning Commission
on October 14, 2019).
7. A six-month review of the CUP shall be conducted by staff to ensure compliance
with City code and the conditions of approval (Added by the Planning
Commission on October 14, 2019).
Resolution No. 2019-45
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