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HomeMy WebLinkAbout31DD - CUP - 2800 N MAIN UNIT 1180REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO, 2014 -36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PANINI CAFE TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 - GREGG BERWIN, APPLICANT {STRATEGIC PLAN O, 3, 2} CITY MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: 'iw E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 0' Reading ❑ Implementing Resolution ❑ Set Public blearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -36. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -36 by a vote of 6:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Panini Cafes at Westfield MainPlace, located at 2800 North Main Street, Unit 1180 in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Panini Cafe is currently constructing tenant improvements to open a new restaurant at Westfield MainPlace and is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine as part of the restaurant operations. The restaurant will be operated as a full- service, sit -down eating establishment with an outdoor patio area. The dining area will have approximately 90 seats, with another 70 seats to be located within an outdoor seating area. The restaurant will contain all necessary equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use. The proposed hours of operation for the facility are from 7:00 a.m. to 12:00 a.m., seven days per week. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 DD -1 Conditional Use Permit No. 2014 -36 October 21, 2014 Page 2 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). FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency AP: rb ap \reports \CC \CUP14�35 Panini CaW10214= Exhibit: A. Planning Commission Staff Report 31 DD -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY GREGG BERWIN FOR CONDITIONAL USE PERMIT NO. 2014-36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PANINI CAFt TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 (Strategic Plan No. 3, 2) Prepared by _Ali Pezeshkpour Interim Exec tive rector, RECOMMENDED ACTIONS PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended p Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Paanni g Manao r Adopt resolution approving Conditional Use Permit No. 2014 -36. Reauest of Applicant Gregg Berwin of Westfield Corporation, representing Panini Cafe, is requesting approval of a conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at the venue, Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Panini Cafe is currently constructing tenant improvements to open a new restaurant venue at 2800 North Main Street, Suite 1180. The overall site is approximately 52 -acres in size and contains a multi - tenant regional mall known as Westfield MainPlace that is located at the northwest corner of North Main Street and MainPlace Drive. The site is anchored by the JC Penney, Macy's, and Nordstrom department stores and contains numerous retail and eating establishments. Panini Cafe will be locating within a 3,400 square foot tenant space on the ground floor of the former Men's Macy's building located on the southeast portion of the mall site. Westfield MainPlace contains approximately 1,127,836 square feet of tenant space and was significantly remodeled and expanded in 1987. Mall tenants currently share 4,768 parking spaces that are provided in a combination of surface parking lots and parking structures. The site is surrounded by the Garden Grove (State Route 22) Freeway to the north, professional and administrative office uses to the south, commercial and residential uses within the City Place development to the east, and the Santa Ana (Interstate 5) Freeway to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 DD -3 CUP No. 2014 -36 September 22, 2014 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently four ABC licenses located within 500 feet of the project site in addition to the proposed license. These four ABC licenses include one Type 41 license (on -sale 'beer and wine only) and three Type 41 licenses (on -sale beer and wine). In addition, a fifth ABC license was recently approved for Round 1 Entertainment at the mail, but the license is yet to be activated. However, this information does not affect the analysis or recommendation contained in this report. Project Descriptian Panini Cafe is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine as part of the restaurant operations. The restaurant will be operated as a full- service, sit -down eating establishment with an outdoor patio area. The dining area will have approximately 90 seats, with another 70 seats to be located within an outdoor seating area, The restaurant will contain all necessary equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use, The proposed hours of operation for the facility are from 7 °;00 a.m. to 12:00 a.m.; seven days per week. Overall alcohol storage and display areas will be located within a rear storage room and under the front counter in a refrigerator and will consist of approximately 26 square feet, which is less than one percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4, 5, and 6). Project Backa_round Panini Cafe is a fast casual restaurant that offers fresh and healthy breakfast, lunch and dinner with a modern European taste. The company has several locations in the Southern California area, including facilities in Aliso Viejo, Irvine, Newport Beach and downtown Los Angeles. The Santa Ana MainPlace location would be the company's ninth location and its proposed operations are consistent with those found elsewhere in Southern California. General Plan and Zonina Consistenc The General Plan land use designation for the site is District Center (DC). District Center 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 site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants and ancillary alcoholic beverage control licenses, making the proposed use consistent with the zoning designation. 31 DD -4 CUP No. 2014 -36 September 22, 2014 Page 3 Project Analnis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may 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. SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the proposed restaurant the ability to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the area. Moreover, operational standards attached to conditional use permits for ABC licenses will mitigate potential impacts from Type 41 ABC license (Exhibit 7). The following findings of fact form the foundation for staff's recommendation of approval for the CUP to allow a Type 41 ABC license. The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full - service dining experience within a family - oriented venue. 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. 31 DD -5 CUP No. 2014 -36 September 22, 2014 Page 4 The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Panini Cafe to remain economically viable and contribute to the overall success of Westfield MainPlace, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code; The facility will be maintained as a full- service, bona -fide eating establishment having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day, Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to redevelop as a dining, entertainment, and retail destination with regional significance, Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment, Panini Cafe's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace, Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Panini Cafe will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 31 DD -6 CUP No. 2014 -36 September 22, 2014 Page 5 Police Department Analvsis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft; and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, The project at 2800 North Main Street, Unit 1180 is located in Reporting District No. 161. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards applicable to a Type 41 ABC license will mitigate any potential negative impacts to the surrounding community, Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, staff contacted the president of the nearby Park Santiago Neighborhood Association, who identified no concerns with the project, The project site was also 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 this printing, no correspondence, by phone, 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 operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service eating establishment within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways; utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -66 will be filed for this project. 31 DD -7 CUP No. 2014 -36 September 22, 2014 Page 6 Stratealc 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). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -36.. Ali Pezeshkp&urs Assistant Planner I VF:jm vAraperls\CUP=PI4 -96 Panini Cafe.092214.PC. Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Conceptual Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Conceptual Elevations (2) Exhibit 7 — Operational Standards for On -Sale Establishments 31 DD -8 CUP 20144 -36 W PANINI CAFE TYPE 4.1 ABC 2800 NORTH MAIN STREET, UNIT 1180 _. -500 FEET 1000 FEET P L A N N I N G A N D B. U 1 L D I N G A G E N G Y EXHIBIT 1 VICINITY MAP 31 DD -9 E 5 F COMMERCIAL kMM. 22 GARDENr GROVE FREEWAY I R aP ''�� }rsaxRaa"55'- rFn�+k W Mal CITY OF ORANGE CUP 2014 -36 PANINI CAFETYPE 41 ABC 1l 2800 NORTH MAIN STREET, UNIT 1180 'w 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 EXHIBIT 2 LAND USE MAP 31 DD -10 }d. A I N P L T OMM. T I L Y i E S I 9 Mal CITY OF ORANGE CUP 2014 -36 PANINI CAFETYPE 41 ABC 1l 2800 NORTH MAIN STREET, UNIT 1180 'w 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 EXHIBIT 2 LAND USE MAP 31 DD -10 i 0 a �1 ?f ff Z EXHIBIT 4 31 DD -12 i i S u �s a EXHIBIT 5 31 DD -13 yOm M Q vsi O � lz a W M EXHIBIT 5 31 DD -13 4 Z A6 a p® R W yam® R ED - JJ 6 0 0 EXHIBIT 6 31 DD -14 :1 A z Q Q A w R z W S 5 a 0 E y§ � d Z F S Z Z a See. 41 -156. 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. 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. 1 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 7 1 of 4 31 DD -15 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 31 DD -16 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 11, 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: 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 DD -17 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 DD -18 ROH - 09/22/14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 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- 36 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 2800 North Main Street, Unit 1180. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -36. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -36 to allow for the sale of alcoholic beverages for on -site consumption: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full - service dining experience within a family- oriented venue. 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. Resolution No. 2014-37 31 DD -19 Page 1 of 4 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Panini Cafe to remain economically viable and contribute to the overall success of Westfield MainPlace, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona - fide eating establishment having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2014 -37 31 DD -20 Page 2of4 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to redevelop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Panini Cafe's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Panini Cafe will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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 operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service eating establishment within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -66 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -36. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -37 31 DD-21 Page 3 of 4 ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney None (0) Alderete (1) None (0) Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana 31 DD -22 Resolution No. 2014 -37 Page 4 of 4