HomeMy WebLinkAbout20140922_Reso2014-36_2800NMainStUnit197ROH - 09/22/14
RESOLUTION NO. 2014 -36
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -32 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 2800 NORTH MAIN STREET,
UNIT 197
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-
32 for a Type 41 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 -32.
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 -32 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 alcohol beverage license will provide an
ancillary service to the restaurant customers by allowing
them the ability to purchase beer and wine 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 -36
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 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 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 Westfield MainPlace,
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 and wine 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 will be maintained
as a full service eating establishment, having the kitchen
equipment necessary to be considered a bona fide
restaurant use and is eligible to obtain a restaurant related
alcoholic beverage control license. Additionally, the
restaurant will utilize less than one 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?
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
Resolution No. 2014 -36
Page 2 of 4
services. A full - service restaurant with an ancillary alcohol
license provides a dining service to Santa Ana residents and
visitors, especially those to Westfield MainPlace, which
continues to develop 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. Dog Haus' tenancy will include
significant tenant and fagade improvements that stand to
enhance the site and promote commercial activity in the
area. 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.
Dog Haus 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 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 and wine within an existing structure
that is already served by municipal services, such as roadways, utilities,
and parking in a variety of forms. Categorical Exemption Environmental
Review No. 2014 -71 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 -32. 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 -36
Page 3 of 4
ADOPTED this 22nd day of September, 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS
Commissioners:
Commissioners:
Commissioners:
Commissioners:
APPROVED AS TO FORM:
Sonia R.,Qprvalho, City Attorney
irRAvUA
ey
Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6)
None (0)
Alderete (1)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -36 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
Resolution No. 2014 -36
Page 4 of 4