HomeMy WebLinkAbout20140922_Reso2014-37_2800NMainStUnit1180ROH - 09/22/14
RESOLUTION NO. 2014 -37
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.
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?
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 Caf6'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 Caf6 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.
ADOPTED this 22nd day of September, 2014 by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6)
None (0)
Alderete (1)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. CArvalho, City Attorney
rNA PAV IrAAM
Ryan
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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