HomeMy WebLinkAbout20141208_Reso2014-46_629SHarborROH — 12/08/14
RESOLUTION NO. 2014 -46
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -44 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 629 SOUTH HARBOR
BOULEVARD
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-
44 for 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 629 South Harbor Boulevard.
B. Conditional Use Permit No. 2014 -44 came before the Planning
Commission 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 beer, wine and distilled spirits 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 -46
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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 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. Furthermore, the
sale of beer, wine and distilled spirits 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 that also offer
alcoholic beverages for sale to their guests and other
visitors. Moreover, the offering of alcoholic beverages
allows Chipotle Mexican Grill to remain economically viable
and contributes to the overall success of the 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, 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 the 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 SAMC.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2014 -46
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The proposed use will not adversely affect the City's General
Plan. The granting of this conditional use permit supports
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. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. Chipotle Mexican Grill'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.
Finally, Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. Chipotle Mexican Grill is proposing
to locate 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 ABC license and allow the
sale of beer, wine and distilled spirits within an existing structure that is
already served by municipal services, such as roadways, utilities, and
parking. Categorical Exemption Environmental Review No. 2014 -102 will
be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2014 -44. 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.
Resolution No. 2014 -46
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ADOPTED this 8th day of December, 2014.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. CXvalho, City Attorney
1 Me
Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
None (0)
None (0)
None (0)
Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -46 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 8, 2014.
Date: 14014
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -46
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