HomeMy WebLinkAbout20141208_Reso2014-45_211NBroadwayROH - 12/08/14
RESOLUTION NO. 2014 -45
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 211 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 Conditional Use Permit No. 2014-
43 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 211 North Broadway.
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 December 8. 2014. the Plannina Commission held a duly noticed
public hearing on Conditional Use Permit No. 2014 -43.
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 -43 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 restaurant's customers by allowing them the
ability to purchase beer and wine 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.
Resolution No. 2014 -45
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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. In addition, the use will occur
within the interior of the premises, mitigating any potential
impacts to the surrounding neighborhood. Finally, the sale
of beer and wine 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 city
wide that also offer beer and wine for sale to their guests
and other visitors. Moreover, the offering of alcoholic
beverages allows the Blackmarket Bakery, a small business,
to remain economically viable and contributes to the overall
success of 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 standards imposed on a
restaurant selling beer and wine pursuant to Chapter 41 of
the SAMC. 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 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?
The proposed use will not adversely affect the City's General
Plan. The granting of this conditional use permit supports
Resolution No. 2014 -45
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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 alcohol 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. Blackmarket Bakery'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 41 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. Blackmarket
Bakery is 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 commercial
building. Categorical Exemption Environmental Review No. 2014 -100 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 -43. 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 December 8, 2014
and exhibits attached thereto; and the public testimony, all of which are incorporated
herein by this reference.
Resolution No. 2014 -45
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ADOPTED this 8th day of December, 2014 by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. C'�valho, City Attorney
Alderete, Bacerra,
Yrarrazaval (7)
None (0)
None (0)
None (�
Bauer, Gartner, Mill) Nalle,
Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -45 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 8, 2014.
Date: Id N- I /4
PR'�/W� "
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -45
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