Loading...
HomeMy WebLinkAbout31B - CUP - 1631 E 17TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -17 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA MARRI'S RISTORANTE ITALIANO AT 1631 EAST SEVENTEENTH STREET, UNIT I — MAGDY TOWFELESS, APPLICANT _ J _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -17. PLANNING COMMISSION ACTION On July 28, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -17 as conditioned by a vote of 7:0 which approved a Type 47 Alcoholic Beverage Control License to allow the sale and consumption of beer, wine and distilled spirits at Bella Marri's Ristorante Italiano at 1631 East Seventeenth Street, Unit I located in the Arterial Commercial (C5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Bella Marri's Ristorante Italiano will be a full - service, 1,935- square foot sit -down eating establishment that will feature an indoor dining area, as well as a 350 square foot outdoor patio. The patio area will be enclosed with 36 -inch high fence that will be 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 will be from 10:00 a.m. to 9:00 p.m. Monday through Thursday, 10:00 a.m. to 11:00 p.m. Friday and Saturday, and 4:00 p.m. to 9:00 p.m. on Sunday. Full -sized 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 -17 September 2, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 40,kg� N �Q� �G-- Karen Haluza Interim Executive Director Planning & Building Agency RS: rb mreporMcupl4 -17 Bdta Mam's Ristorante Italian Type 47 ABC.= Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING BATE: JULY 28, 2014 TITLE: PUBLIC HEARING FILED BY MAGDY TOWFELESS FOR CONDITIONAL USE PERMIT NO, 2014 -17 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA MARRI'S RISTORANTE ITALIANO AT 1631 EAST SEVENTEENTH STREET, UNIT 1 Prepared by Ricardo Soto Interim 4ecutiv.4 Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting lannl Manager Adopt a resolution approving Conditional Use Permit No. 2014 -17. Request of Applicant Magdy Towfeless, representing Bella Marri's Ristorante Italiano, is conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) sale and consumption of beer, wine and distilled spirits at 1631 East Establishments that sell alcoholic beverages require a conditional us e Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description requesting approval of a license for the on- premise Seventeenth Street, Unit I. permit (CUP) pursuant to Bella Marri's Ristorante Italiano is a new restaurant that will be operating within an existing multi - tenant commercial center located on the northwest corner of Seventeenth and Mabury Streets. The existing commercial center is approximately 1.2 -acres in size and contains 11,525 square feet of building area. The project site consists of two buildings with 11 tenant spaces, occupied by a variety of retail, service and medical office uses. The Bella Marri's Ristorante Italiano is proposed to occupy a 1,935 square foot vacant tenant space. A total of 75 on -site parking spaces are provided for the mixture of uses in the center. The site is surrounded by office uses to the north, west and south; commercial uses to the south -east and east; and multi - family residential to the north -east (Exhibits 1, 2 and 3). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are two ABC licenses located within 500 feet of the project site. These two ABC licenses include the following: one Type 48 license (public premise beer, wine and distilled spirits) and one Type 21 license (off - premise beer, wine and distilled spirits). This information does not affect the analysis or recommendation contained in this report. EXHIBIT A 31 B -3 Conditional. Use Permit No. 2014 -17 July 28, 2014 Page 2 Project Description Bella Marri's Ristorante Italiano is requesting approval of a Type 47 ABC license to allow the on- premise sale of beer, wine and distilled spirits as part of the eating establishment's operations. The restaurant is a full- service, sit -down eating establishment that holds approximately 55 seats within its dining room. An outdoor patio totaling 350 square feet in size is proposed and will accommodate approximately 12 seats. The proposed patio area will be enclosed with a 36 -inch high fence that is in compliance with all applicable City and State Department of Alcoholic Beverage Control 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 will be from 10:00 a.m. to 9 :00 p.m. Monday through. Thursday, 10:00 a.m. to 11:00 p.m. Friday and Saturday, and 4:00 p.m. to 9 :00 p.m. on Sunday. The storage area for alcoholic beverages will be located on a display behind the service counter and in in two storage areas: one within the walk -in cooler and the other within the administrative office area of the restaurant. The alcohol display and storage areas total 39 square feet in size, which is two percent of the floor area of the restaurant. This percentage of alcohol storage 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). Project Background Bella Marri's Ristorante Italiano will occupy an existing tenant space in a multi -.unit commercial center that previously housed an eating establishment until early 2013. The space was previously used by an eating establishment that did not hold a conditional use permit to allow the on -site sale of alcoholic beverages; therefore, a CUP is required to permit the sale of alcohol at the site. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use 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 parcel is located within the General Commercial (C -5) zoning district. The 0-5 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project 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: 31 B -4 Conditional Use Permit No, 2014 -17 July 28, 2014 Page 3 • 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, standards are applicable to 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 the code applicable standards for an alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 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 remain economically viable and contributes to the overall success of the small, 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. 31 B -5 Conditional Use Permit No, 2014 -17 July 28, 2014 Page 4 + The proposed project will be in compliance with all applicable regulations and standards 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 two 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. Further, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the General Commercial (GC) 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. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Bella Marri's Ristorante Italiano restaurant is located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses, Bella Marn's Ristorante Itallano is proposing to open a new restaurant in the city. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will 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. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 1631 East Seventeenth Street, Unit I is located within Reporting District No, 243, an area that has an average number of reported crimes when compared against all crime reporting districts and is considered average in police- related incidents based on standards established under Business and Professions Code Section 23958.4. 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. RIUM Conditional Use Permit No. 2014 -17 July 28, 2014 Page 5 Public Notification The project site is located within the boundaries of the Portola Park Neighborhood Association and in close proximity to the Mabury Park and Meredith Parkwood Neighborhood Associations. The chairperson of the Portola Park Neighborhood Association was notified by mail and contacted by staff to discuss the proposed project. The association president did not raise any issues during the telephone discussion. Both the Mabury Park and Meredith Parkwood Neighborhood Associations were notified by mail of the project and did not raise any issues or concerns. 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. 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 -42 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 -17. Ric do Soto Planning Technician RS:jm rs:reporls \cup14-17 Bella Marrps Rlstorante Italian Type 47 ABO.po Verny Carvajal Senior Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 Operational Standards for On -Sale Establishments 31 B -7 R1 R1 R4 Al C5 Al Al R1 R1 Al rs Al R1 1 RI Al Al R1 C5 R4 R1 K1 R1 R4 r I Ri R1 kll 91-s A] -A AI ! is CS C2 cs rcl P p C5 I si I C5 q i C5 C4 I rT cs R1 RI I CS R 4 �R R4-PRD < C5 z 0 p 84 D R1 s R1 �T p Rl Al GENSALACHOJLTUMLt OR QOMMgUALM DMURAL m SNGLEFAMUFMDOMAL -8 PAMNGMODIFORON cc Ml FQ TVIOFT➢AUTL OMQF ON OOMMMALSX MAIN mi U(9MNOUSML m MumMEMsTymunipLg cl OOMMUMTYCOMMSUAL M2 HMWINDUSMAL MMJLYFF QINCE CWO COMM. COMMMAUNWA DJS U mo MIMWOPEFATONS PA aJ5UFMNAPP"9JTS C2 MIFALOOMMUCAL 0 OPEN SMCE fE "O AL6 TE a OWTMLBU9NM$ p FWFESSOML ED S?�RCDEVROPMWT MA aNTRALDJ9NEffARnSrWUGE PGD PLANNED COMMUNIMEVS-OWSU sp STOR RAN CA MAHNWSiQFMNGC TW Ftdl MANNED FEM31MALDEVELOPMEM 06 ARMALOOMMMIAL CUP 2014-17 BELLA MARRI'S RISTORANTE ITALIANO TYPE 47 ABC 1631 EAST SEVENTEENTH STREET, UNIT 1 500 FEET "1'=1000FEFr � 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 VICINITY MAP EXHIBIT 1 31 B-8 19TH STREET MULTI- FAMILY L° RESIDENCE 5 ESIDE CELY 18TH STREET 17TH MULTI - FAMILY RESIDENCE m I- ¢ W J W h COMM ERCIA I e STREET x w z Ln CUP 2014 -17 BELLA MARRI'S RISTORANTE ITALIANO TYPE 47 ABC t, 1631 EAST SEVENTEENTH STREET, UNIT I 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 -17 BELLA MARRI'S RISTORANTE ITALIANO TYPE 47 ABC 1631 EAST SEVENTEENTH STREET, UNIT I SITE PHOTO EXHIBIT 3 31 B -10 —XW.m I.Matg F- r I 16 LF N.491 JN I I >F.R N30 �nvmxus omisixq jua MW F, dkL LL JAWN UU, I RN I I M UNI.) EXHIBIT 4 31 B -11 ON/ /j7 z N, O mom .P -,S4 EXHIBIT 5 31 B -12 ciEl I Ml( � eF z .P -,S4 EXHIBIT 5 31 B -12 ciEl I Ml( � eF 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 8:40 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 SANK 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 sating 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 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 — 07/28/14 RESOLUTION NO. 2014 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -17 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1631 EAST SEVENTEENTH STREET, UNIT I 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- 17 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 1631 East Seventeenth Street, Unit I. B. Conditional Use Permit No. 2014 -17 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 28, 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. 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 -25 Page 1 of 4 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 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 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 remain economically viable and contributes to the overall success of the small, 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 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 only two 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 -25 Page 2 of 4 31 B -18 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 General Commercial (GC) 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 Bella Marri's Ristorante Italiano is 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 -42 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -17. 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 July 28, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -25 Page 3 of 4 31 B -19 ADOPTED this 28th day of Jam, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 28, 2014. Date: Planning Commission Secretary City of Santa Ana 31 B -20 Resolution No. 2014 -25 Page 4 of 4