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Home My WebLink About31B - CUP - LAS GUERITAS - 230 WARNERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -15 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT LAS GUERITAS RESTAURANT LOCATED AT 230 WEST WARNER AVENUE, SUITE 107 - RAMON BAGUIO, APPLICANT C Y MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -15 as conditioned. PLANNING COMMISSION ACTION On June 23, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2014 -15 as conditioned by a vote of 7:0 which approved an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control license for the on- premise sale and consumption of beer, wine and distilled spirits at Las Gueritas Restaurant at 230 West Warner Avenue, Suite 107 located in the Community Commercial (Cl) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Las Gueritas currently operates within a 2,350 square foot tenant space on Warner Avenue between Broadway and Birch Street. The site is approximately 1.39 acres in size and contains a 21,482 square feet commercial building with 127 on -site parking spaces. The approval of this CUP allows for the sale and service of beer, wine, and distilled spirits in conjunction with food sales. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 B -1 Conditional Use Permit No. 2014 -15 July 15, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs. LasCuentas?C UP2014 -15.= Exhibit: A. Planning Commission Staff Report 31 B -2 R �I ■ Commission I Action PLANNING COMMISSION MEETING DATE: JUNE 23, 2014 TITLE: PUBLIC HEARING — FILED BY RAMON BAGUIO FOR CONDITIONAL USE PERMIT NO. 2014-15 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT LAS GUERITAS RESTAURANT LOCATED AT 230 WEST WARNER AVENUE, SUITE 107 Prepared by Haliy Soboleske Interim Executive DirectVr PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO _ f .__...__...__._- -... -- Acting annin anager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -15 as conditioned. DISCUSSION Request of Applicant Ramon Baguio, proprietor for Las Gueritas Restaurant, is requesting approval of a conditional use permit (CUP) to allow an upgrade of a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 ABC license for the on- premise sale and consumption of beer, wine, and distilled spirits at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Prolect Location and Site Description Las Gueritas Restaurant is located within an existing integrated development center at the southwest corner of Broadway and Warner Avenue. The site is approximately 1.39 acres in size, is developed with a single 21,482 square feet commercial strip building and has 127 on -site parking spaces. Las Gueritas occupies a 2,350 square foot sit -down restaurant suite. Surrounding land uses include industrial to the east, south and west, and Manuel Esqueda Elementary School to the north (Exhibits 1, 2 and 3). Prolect Description Las Gueritas is requesting approval of an upgrade from an existing Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 ABC license to allow the on- premise sale of beer, wine, and distilled spirits at an existing restaurant. Specifically, the applicant is seeking this license in order to serve alcohol to its patrons eating within its dining room only. The restaurant is a full service, sit- EXHIBIT A 31 B -3 Conditional Use Permit No. 2014 -15 June 23, 2014 Page 2 down eating establishment that accommodates approximately 75 patrons within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are Monday through Thursday 10 :00 a.m. to 11:00 p.m., Fridays and Saturdays 9:30 a.m. to 2:00 a.m., and 9:30 a.m. to 11:30 p.m. on Sundays. Restaurant operations are permitted until 2:00 a.m., with an after -hours conditional use permit not required since the property is more than 150 feet from property used for residential purposes. The storage area for alcoholic beverage will be located within a cooler area behind the counter in front of the kitchen area. The overall storage of alcoholic beverage consists of approximately 93 square feet which is approximately four percent of the floor area and is less than five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Project Background Las Gueritas is an independently owned restaurant specializing in Mexican cuisine. This business has been operating at this location since October 2012, with the site operating as a restaurant use with a Type 41 ABC license since 2001. In 2001, Los Amigos restaurant received approval of Conditional Use Permit No. 2001 -11 for a Type 41 (on- premise beer and wine) ABC license. As the applicant is applying for a new license consisting of full liquor sales (Type 47), a new CUP is required. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The zoning for the site is Community Commercial (C1). The C1 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Praiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. 31 B -4 Conditional Use Permit No. 2014 -15 June 23, 2014 Page 3 That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit; Las Gueritas Restaurant is requesting approval of an upgrade from a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 ABC license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. The State Department of Alcoholic Beverage Control conducts an annual drawing for a limited number of new Type 47 (on -sale general) liquor licenses. Having been selected as part of this drawing, the applicant is now seeking to upgrade the license to allow the sale of distilled spirits in addition to beer and wine. If approved, the action will also entail the voiding of the Type 41 ABC CUP. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license upgrade for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to an established bona fide eating establishment use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. 31 B -5 Conditional Use Permit No. 2014 -15 June 23, 2014 Page 4 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code (Exhibit 6). The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. The proposed use will not adversely affect the General Plan, Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Las Gueritas is proposing to occupy a suite with previous restaurant uses since 2001. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this type of application, crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is below average in police- related incidents. This site is located within Reporting District No. 169. Reporting District No. 169 ranks 640' out of 102 reporting districts in the number of police related calls for service, This Reporting District is 42 percent below the 20 percent threshold established by the State for high crime. Standards of approval are included as required by the SAMC that are adequate to address any concerns for the ABC License. A sensitive use has been identified in the immediate area. Manuel Esqueda Elementary School is located across the street to the north that might be impacted by this action. As a result, the Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community as this is a food establishment that restricts alcohol consumption to the interior of the building. Conditions of approval are included as required by the SAMC that are adequate to address any concerns for the ABC License. RIUM Conditional Use Permit No. 2014 -15 June 23, 2014 Page 5 The Police Department recommends approval of the CUP provided that the standards are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact the residents. Public Notification The project site is not located within the boundaries of a Neighborhood Association, but is within the South Main Business District. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use. Categorical Exemption Environmental Review No. 2014 -37 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -15 as conditioned. Hally Sob, leske Associate Planner HS:jm hslasGuerltas /CUP2014 -i & pp Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Floor Plan Exhibit 5 — Site Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 B -7 EDI GER VE. C1 q cx 1 R1 Ri , RI R7 R7 pt R1 Al n1 Rx w 7RI snt M R1 R1 R1 R1 RSM R1 RI R1 1 n2 Ry ;! C2 M sM "�R1 Rt R7 R @ Ri R1 R1 RI � ni i Rl R7 R1 R2 Rx c' sM RZ ,RI Ri Ri ftt Rt E R1 RI Rl Ri RR1 R7 .i RI Ri Ri° C v Rl ni n2 � fl2 s sM nan 3 R2 g fll � Rl Rl " ftl � R1 I . R2 Nix R1 R1 NI R1 RI 2 p I R2'RI R1 RI R1 R1 R7 HERRR7 R1 R1 R1 R1 c "�e`u I c R1 R2 M R1 =. z RZ RI R1 R7 R1 R1 R1 R1 R1 D e �.. _ m „?a. �C2 • C2 CS M7 L��s or ftx C75i11< Ca R2 — 0 M1 Mi M1 RO1E CC2� nxnA i�I R2 T 121 MI MI I. R2 nx R2 R2: °�1 a C2 nx R2 Mt M1 Mt C2 M1 ? M1 Mi r ,.. „. Al GGNSVLAGROJO 4 OR CGMMEMALMSODMAL RI SNGEERAMILYfN;3 MAL .R FARRNGMW1FCA1ON GC CUG8NMENTCSNIFR R2 1NUFM1ILYI DGNCE GSA COMMEFUALSOLMIMAIN M1 LIGRCINOUS AL Rt MULlIft1E0EN8TYMULTRE Ot OOMMUNITYXMMH AL M2 HEAWINDUSRRAL TAMILYRBMCE CYMD COMM. OWMEMAUMUEUM DISMCT MO MIUTAINOR TIONS RA B.IRUf6NNAMRM18Mi G2 GWN ALCOMMEFOAL U OPEN SAGE FE RE8DWALLS%M- C3 CBJRULMNESS G PAOFES30NAL ED 9'Ff1FIGOMB.GPMWT 01A C8MLWSNWARRSf1ALIA(O VLIJ ft NNE00DMMUNIlYDEV8.OWM S'• S�9FlCRAN G RANNEDWOPNNG08tl RdJ RANNEDFESD@ ALOR1130FMRF C5 ARI ALWMMERAAL CUP 2014 -15 LAS GUERITAS RESTAURANT 230 WEST WARNER AVENUE, SUITE 107 - - =500 FEET 77000 i000 FEET P L A N N I N G A N D 9 U I L D I N G A G E N C Y EXHIBIT 7 VICINITY MAP 31 B -8 S..R. I S.J.R. L I G H T NDUSTRIAL S..R. I COMM. R5T PLACE COMMERCIAL F w w a SCHOOL WARNER ECOMMERCII H J +Sl Ems; D Z H x l7 J Y Q t] 4 0 cc m Y PRQ�E J +Sl Ems; a � v N � F- x J CENTRAL AVENUE UM M Fill -pill Im CUP 2014 -15 3 LAS GUERITAS RESTAURANT 230WESTWARNER AVENUE, SUITE 107'v P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -9 CUP 2014 -15 LAS GUERITAS TYPE 47 ABC 230 WEST WARNER AVENUE, UNIT 107 SITE PHOTO EXHIBIT 3 31 B -10 DINING AREA FLOOR PLAN SCALE: l " =1' OJ AREA -=/y DINIMNGA ^REA j a DINING AREA 4 RE5TROOM J ,,� I RESTRCOM 31 B -11 TOTALALCOHOL STORAGE AREA: 93 SQUARE FEET ALCOHOL STORAGE RESTAURANT RATIO: V% A1.0 LAS GUERITAS RESTAURANT 230 W Warner Ave. Suite 107 Santa Ana, CA. 92707 APN parcel # 410 - 371 -01 APPLICANT, Rode Fajardo (049)298.8000 PROPERTY OWNER: Dalay Andrade (714)386 -9600 ZONING: Ci Community Commercial IStale Enterprise Zane TOTAL LOT SIZE: 1.3 Awes - 67,6iS S.F. PARKING SPACE: 1271nc1udn0 2 ADA r »� II IIIIIIIIIIIIII EXHIBIT 5 31 B -12 GENERAL NOTES: THESE PLANS AND DRAWINGS FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES. NO NEW CONSTRUCTION AND NO PROPOSED ADDITIONAL SQUARE FOOTAGE, I A1.0 Sec. 41.196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12 :00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race; ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 B -13 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free "two for the price of one ", or "all you can drink for,.," or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31B-14 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the Immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 B -15 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation, If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 B -16 ROH — 06/23/14 RESOLUTION NO. 2014 -21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -15 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 230 WEST WARNER AVENUE, SUITE 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 15 for an upgrade from a Type 41 to a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 230 West Warner Avenue, Suite 107. B. Conditional Use Permit No. 2014 -15 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 23, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -21 Page 1 of 5 31 B -17 2. Will the proposed use 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 license for the on -sale consumption of beer, wine and distilled spirits at the location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. Additionally, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use 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 restaurants in the area that also offer alcoholic beverages for sale to their guests and other visitors. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Policy 2.2 of the Land Resolution No. 2014 -21 Page 2 of 5 31 B -18 Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use. Categorical Exemption Environmental Review No. 2014 -37 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -15 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 23, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of June, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman 31 B -19 Resolution No. 2014 -21 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2014. Date: Acting Commission Secretary Planning Commission City of Santa Ana 31 B -20 Resolution No, 2014 -21 Page 4 of 5 Conditions for Conditional Use Permit No. 2014 -15 Conditional Use Permit No. 2014 -15 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 Administrative 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. A. Planning Division Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. Exhibit A Resolution No. 2014 -21 Page 5 of 5 31 B -21 31 B -22