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HomeMy WebLinkAbout31C - CUP - BUFFALO WILD WINGS - 3811 BRISTOLREQUEST FOR _ COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-20 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BUFFALO WILD WINGS RESTAURANT AT 3811 SOUTH BRISTOL STREET - MIKE AYAZ, APPLICANT S:L; Z Z_4/�_�X CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2'0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -20 as conditioned. PLANNING COMMISSION ACTION On June 23, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -20 as conditioned by a vote of 7:0 to allow a Type 47 Alcoholic Beverage Control license for the on- premise sale and consumption of beer, wine and distilled spirits at the Buffalo Wild Wings restaurant at 3811 South Bristol Street located in the Commercial Residential (CR) zoning district. The Planning Commission added a condition of approval to clarify that an after -hours conditional use permit is not needed due to the distance of the restaurant from residential uses and to permit Buffalo Wild Wings to operate from 7:00 a.m. to 2:00 a.m. as outlined in the attached staff report (Exhibit A). Buffalo Wild Wings is applying for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer, wine and distilled spirits as part of the proposed eating establishment's operations. The restaurant is a full- service, sit -down restaurant that is proposed to have seating for approximately 240 patrons within its dining room and outdoor patio areas. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use and will facilitate Buffalo Wild Wing's occupation of a previously vacant building that was previously used by restaurants. 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 C -1 Conditional Use Permit No. 2014 -20 July 15, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. i� Karen Haluza Interim Executive Director Planning & Building Agency VF:rb of /reports/CUP1cuP14 -20 Buffalo Wild Wings.cc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 23, 2014 TITLE: PUBLIC HEARING — FILED BY MIKE AYAZ FOR CONDITIONAL USE PERMIT NO. 2014-20 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BUFFALO WILD WINGS RESTAURANT AT 3811 SOUTH BRISTOL STREET Prepared by Vince Fregoso Interim Executive Dire for w PLANNING COMMISSION SECRETARY APPROVED L7 As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Actin lanrr g Manager Adopt a resolution approving Conditional Use Permit No. 2014 -20 as conditioned. Request of Applicant Mike Ayaz, representing Buffalo Wild Wings restaurant, is requesting approval of a conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine and distilled spirits at 3811 South Bristol Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Buffalo Wild Wings is proposing to open a new restaurant within Bristol Center, an existing multi - tenant commercial center located at 3701 -3925 South Bristol Street, between MacArthur Boulevard and Sunflower Avenue. The center is 14.4 -acres in size and contains approximately 174,000 square feet of building area that was constructed in 1972. The Bristol Center site contains five separate buildings with over 25 retail tenant spaces that are occupied by a variety of retail, medical office and restaurant uses. Buffalo Wild Wings restaurant is intending to occupy a freestanding 6,087 square foot building that fronts Bristol Street. The building also contains an "L- shaped" outdoor patio that is located on the north and west sides of the building. A total of 643 parking spaces are provided for the mixture of uses in the center. The site is surrounded by commercial uses to the north, south and west, and a combination of commercial and multi- family residential uses to the east (Exhibits 1, 2 and 3), EXHIBIT A 31 C -3 Conditional Use Permit No. 2014 -20 June 23, 2014 Page 2 Project Description Buffalo Wild Wings is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer, wine and distilled spirits as part of the proposed eating establishment's operations. The restaurant is a full- service, sit -down restaurant that is proposed to have seating for approximately 183 patrons within its dining room and bar areas. Additionally, another 56 patrons are proposed to be seated within the outdoor patio areas on the north and west sides of the building. The patio area is enclosed with a 36 -inch high wall that is in compliance with all applicable City and State Department of Alcoholic Beverage Control's standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are proposed to be from 7:00 a.m. to 2:00 a.m., seven days per week. 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 beverages will be located on a display and within two coolers behind the service counter for the restaurant. The alcohol display and the two coolers total 134 square feet in size, which is 2.2 percent of the floor area of the restaurant. This percentage of alcohol storage area is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Proiect Background The Buffalo Wild Wings franchise was founded in the Midwest in 1982. Their restaurants typically include an extensive multi -media system of big screen televisions and projection screens, a full bar and open layout that attract both sports fans as well as families. Buffalo Wild Wings has close to 1,000 restaurants that are located in 45 states and Canada, with this the first location in Santa Ana. The restaurant is proposing to occupy a vacant building that was previously occupied by restaurants including Ccco's, Pat and Oscar's and O's American Kitchen. In 2004, Pat and Oscar's received approval of Conditional Use Permit No. 2004 -08 for a Type 41 (on- premise beer and wine) ABC license, which was surrendered when the restaurant ceased operations. 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 District Center (DC). District Center land -use districts are high intensity locations of the City that provide highly visible and accessible residential, office and 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. 31 C -4 Conditional Use Permit No. 2014 -20 June 23, 2014 Page 3 The parcel is located within the Commercial Residential (CR) zoning district. The CR zoning district allows a combination of multi - family residential uses as well as retail and service uses such as restaurants with ABC licenses, making the proposed use consistent with the CR zoning designation. Protect 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. • 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. 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 throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, 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 for the on -sale consumption of beer, wine and distilled spirits 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, alcohol sales will primarily occur inside the premises and on the outdoor patio, which is not oriented toward any residential use. Additionally, the proposed ABC license is incidental to the primary restaurant use. 31 C -5 Conditional Use Permit No. 2014 -20 June 23, 2014 Page 4 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 also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to become economically viable and contribute to the overall success of the neighborhood- serving shopping center in which it is located, helping to decrease the number of vacant buildings that may affect the economic viability of the site. 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. 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 only 2.2 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding area. f=urther, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Buffalo Wild Wings restaurant will be located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses. Buffalo Wild Wings is proposing to occupy a vacant commercial building that has been occupied by restaurant uses since 1972. 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. 31 C -6 Conditional Use Permit No. 2014 -20 June 23, 2014 Page 5 The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 3811 South Bristol Street is located in Reporting District No. 151. This reporting district ranks 36th out of 102 reporting districts in the number of police related calls for service established under Business and Professions Code Section 23958.4. This reporting district is 15 percent below the 20 percent threshold established by the State for high crime. No sensitive uses were found in the immediate area 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, Conditions of approval are included as required by the SAM that are adequate to address any concerns for the ABC License, Public Notification The project site is not located within the boundaries of any Neighborhood Association but is located adjacent to the South Coast Neighborhood Association. The chairperson of the adjacent neighborhood association was contacted by staff to discuss the proposed project. The association president did not raise any issues during the telephone discussion. The project site 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 and tenants within 500 feet of the project site and to the South Coast neighborhood association chairperson. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -54 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 -20 as conditioned. Vince Fregoso, AI P Acting Planning Manager VF:jm of 1rapods /CUP1cup14 -20 Buffalo Wild Winps.pc 31 C -7 Conditional Use Permit No. 2014 -20 June 23, 2014 Page 6 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 C -8 I KI RI 0 RI Pi PAD RI o R1 MIN ml R1 Ell Ell 0 111A� RI T Ri it. 2 C4 :SD-4][ RI FL2,PRD R4 RI RI --------- 0 FT- PRO RI-PRID Q R Jill SD-71Jill � R4 (--7 R4 �PROJECT Rl- R4 —77=t-777: SITE FIT Rl RI Rl CR R4 SD-48 CR Al 36NDRALAGRICULMRALf CR COMMERCIALRE51DEPMAL RI MINOT FAWLY RESIDENTIAL .B PARKING MODIFICATION cc GDVOINMENTCENTER R3 TWO FAMILY RI CISM COMMERCIAL SOUTH MAIN MI DRffrII`M9RIAL R3 MULI OLE DENSITY MULTIPLE cl COMMUNITY COMMERCIAL N12 HITAWINDV9R1AL FAMILYRENDENCE Cl-MO COMM. COMMFROAUMOSEUM DESTRIC r AID MILITARYOPERATIONS PI SUBUTRIANAPARMENTS C2 GSNERALCOMMERCIAL a CEENSPACE IF RESIDENTIALES17AIE 13 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFICOEVELOPNIENr (5-A CENTRAL BUSINE55-ARTsi PCD PWDFD COMMUNITY DINELOPMEN F SP SPECIFICOLAN C11 PUNNED SHOPPING CENTER RED PIUNNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL. 'i CUP 2014 -20 n(a �;q BUFFALO WILD WINGS RESTAURANT 3811 SOUTH BRISTOL STREET 500 FEET - -- I' = 1000 FEET I. A N A I IN G A N 0 8 u I L D I N G A 7 E -,NC Y EXHIBIT i 31 C-9 w 0 PROJECT 517E 0 � 6 V V � u g Q g 0 U W W i O J STEVENS AVE. amn nne cw wins SUNFLOWER AVENUE 5 IA 0 P P I N G C O M M E R C I A L o 01 C 0 M M E R C A L C E N T E R U �� o d~ Z w V w 0 PROJECT 517E 0 � 6 V V � u g Q g 0 U CUP 2014 -20 -1 BUFFALO WILD WINGS RESTAURANT 3811 SOUTH BRISTOL STREET S)' P L A N N I N G A N 0 B U I L 0 1 N G A G E N C Y EXHIBIT 2 31 C -10 i '. ,. SE)NIMaim oivzizins q 21 t O zi j 15ICE "6 0 < RAHN b H r. j "I EXHIBIT 4 31 C -12 � U) (n c C) c o a V) NOVOAGNIN w z m NVId 3115 3Wd093A34 3 99 ;A i Ov, o0a " SONIM C11im mviins MI al Jr j S g. I. 71 Av. ID iff 7-T-TrITT 7 J" .00 7, 777 jj co M: -3c) 0 011 8 c-1 D 04 (D lio r a I ou ocjq 1-0r] cloc- A( v o o n c @ 08 8 C.) EXHIBIT 5 31 C -13 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 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. 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. 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 31C-14 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 "ail 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 31 C -15 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 II, 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. f. 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 C -16 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 C -17 ROH — 06/23/14 RESOLUTION NO. 2014 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -20 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3811 SOUTH BRISTOL STREET 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- 20 for 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 3811 South Bristol Street. B. Conditional Use Permit No. 2014 -20 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 throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, 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 -22 Page 1 of 5 31 C -18 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 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 primarily occur within the premises and in outdoor seating areas that are not oriented toward any residential use. Additionally, the proposed ABC license is incidental to the primary 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 nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to become economically viable and contribute to the overall success of the neighborhood - serving shopping center in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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. 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 only 2.2 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No, 2014 -22 Page 2 of 5 31 C -19 The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding area. Further, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Buffalo Wild Wings restaurant will be located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses. 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -54 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -20 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. Resolution No. 2014 -22 Page 3 of 5 31 C -20 ADOPTED this 23rd day of June , 2014. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney Bauer, Gartner, Mill, Nalle, Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2014. Date: Clerk of the Planning Commission City of Santa Ana 31 C -21 Resolution No. 2014 -22 Page 4 of 5 Conditions for Conditional Use Permit No. 2014 -20 Conditional Use Permit No. 2014 -20 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. 2. The subject property is located more than 150 feet from property zoned and used for residential and, as such, does not require a conditional use permit for after -hours operation in the CR zone pursuant to Santa Ana Municipal Code Section 41- 442.5(d). Accordingly, this property is not sect to Santa Ana Municipal Code Section 41- 196(8)(3), which requires a conditional use permit for restaurants selling alcohol after 12:00 a.m. and before 8:00 a.m. (Added by the Planning Commission June 23, 2014.) , 111:7[%1 Resolution No. 2014 -22 Page 5 of 5 31 C -22