HomeMy WebLinkAbout20141208_Reso2014-44_202NBroadwayROH - 12/08/14
RESOLUTION NO. 2014 -44
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2013 -21 TO ALLOW
AN UPGRADE FROM A TYPE 41 TO A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 202 NORTH BROADWAY
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 modification to Conditional Use
Permit No. 2013 -21 for an upgrade from a Type 41 to 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 202 North
Broadway.
B. Modification to Conditional Use Permit No. 2013 -21 came before the
Planning C01- 1lrnlsslUf l of the City of Santa Ana for a duly noticed public
hearing on December 8, 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 Type 47 ABC license will provide an ancillary
service to the restaurant'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
restaurant with an additional and complementary food -
related amenity. 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 47 ABC 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 operational standards to the alcoholic
beverage control license will mitigate any potential negative
or adverse impacts created by the use. This is primarily a
restaurant use and the addition of distilled spirits to the beer
and wine license will be ancillary to the main use as an
eating establishment. 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 nearby restaurants in Downtown and
citywide that also offer a full selection of alcoholic beverages
for sale to their guests and other visitors. Moreover, the
offering of a variety of alcoholic beverages will allow Last
Call on Broadway, a small business, to remain economically
viable and contributes to the overall success of the
Downtown Santa Ana commercial district, 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 and conditions imposed on a
restaurant selling beer, wine and distilled spirits 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 five 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 full - service restaurants that feature alcoholic beverages
on their menus offers additional dining options for Santa Ana
residents and visitors, especially those to Downtown, which
continues to develop as a dining 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. Last Call on Broadway's tenancy will include
significant tenant improvements. 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 47 ABC
license will maintain a safe and attractive environment in
Downtown Santa Ana. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. Last Call on
Broadway 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 licensing of existing private structures and
facilities when there is no expansion of the existing use, but allows the
operation, repair, maintenance, permitting, or leasing of existing
structures. Categorical Exemption Environmental Review No. 2013 -52 will
be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves modification to Conditional Use Permit No. 2013 -21 to allow a Type 47 ABC
license. 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
December 8, 2014, and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 8th day of December, 2014.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Cyn;vplho, City Attorney
WA MAW KNOM
Alderete, Bacerra,
Yrarrazaval (7)
None (0)
None (0)
None (0)
Bauer, Gartner, Mill, Nalle,
Chairman 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -44 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 8, 2014.
Date: /o-1 g l�4 avAt
Planning Commission Secretary
City of Santa Ana