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HomeMy WebLinkAbout31D - CUP - 211 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BLACKMARKET BAKERY LOCATED AT 211 NORTH BROADWAY HANH NGUYEN, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 4) CITY MAN ER RECOMMENDED ACTION I., CLERK OF COUNCIL USE ONLY:' ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -43. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -43 by a vote of 7:0 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Blackmarket Bakery at 211 North Broadway located in the Transit Zoning- Downtown (SD84) zoning district, The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Blackmarket Bakery is currently constructing tenant improvements to open a new eating establishment at 211 North Broadway, Blackmarket Bakery is requesting a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The facility will be maintained as a bona-fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. The proposed dining area will contain approximately 10 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation are from 7:00 a.m. to 10:00 p.m. Monday through Thursday, 7:00 a.m. to 12:00 a.m. Friday and Saturday, and 8:00 a.m, to 8:00 p.m. on Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 D -1 Conditional Use Permit No. 2014 -43 January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, AICP Interim Executive hector Planning & Building Agency RS: rb M reports \CUP 2014- 43\cup14 -43 Black Market Type 41 ABC.oc Exhibit: A. Planning Commission Staff Report 31 D -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE- PUBLIC HEARING — FILED BY HANH NGUYEN FOR CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BLACKMARKET BAKERY LOCATED AT 211 NORTH BROADWAY (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ricardo Sots Interim Executive D' ctor • jallgagBOHM PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI nning, anager Adopt a resolution approving Conditional Use Permit No. 2014 -43. Request of Applicant Hanh Nguyen, representing Blackmarket Bakery, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at 211 North Broadway. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Blackmarket Bakery will be a new restaurant that will be operating within a ground floor tenant space in the historic Santora Building, which was originally constructed in 1928 and placed on the Santa Ana Register of Historical Properties in 2001 as a Landmark structure. The Santora Building is located on the northeast corner of Broadway and Second Street. The site is approximately 0.37 acres in size and contains a variety of retail, service and restaurant uses within 47,133 square feet of building area. Blackmarket Bakery is proposed to occupy a 2,293 square foot vacant tenant space. The site is surrounded by a mixture of retail, service, and office uses to the east, west, north and south; and multi - family residential to the southwest (Exhibits 1, 2 and 3). Project Description Blackmarket Bakery is requesting approval of a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The proposed eating establishment will hold approximately 10 seats within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use. The proposed hours of operation are from 7:00 a.m. to 10:00 p.m. Monday through Thursday, 7:00 a.m. to 12:00 a.m. Friday and Saturday, and 8:00 a.m. to 8:00 p.m. on Sunday. EXHIBIT A 31 D -3 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 2 The display and storage areas for alcoholic beverages will be located in a refrigerator, a storage shelf, and a dispensing station, all located behind the service counter. The proposed alcohol display and storage areas total 25 square feet in size, which is less than two percent of the gross floor area of the establishment, This percentage of alcohol storage is below the SAMC's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are 11 ABC licenses located within 500 feet of the project site. These 11 ABC licenses include the following: one Type 48 license (public premise beer, wine and distilled spirits); one Type 40 license (on- premise beer); five Type 41 licenses (on- premise beer and wine); and four Type 47 licenses (on- premise beer, wine, and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Project Background Blackmarket Bakery will be a fast - casual restaurant that will offer a host of specialty "from scratch" baked goods to complement its brunch and dinner menus. The first Blackmarket Bakery was established in 2004 in Irvine, California. Subsequently, Blackmarket Bakery opened its first retail location in Costa Mesa, California, in 2013, The proposed eating establishment will be Blackmarket Bakery's third location in Southern California and its first in Santa Ana. General Man and Zoning Consistency The General Plan land use designation for the site is District Center (DG). District Center land -use districts serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are developed In an urban character that include a mixture of office, commercial, and residential uses which provide shopping; business,, cultural, education, recreation and entertainment, such as this restaurant. The project site is consistent with this General Plan land use designation, The site is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub - zone. The SD -84 zoning district allows for eating establishments, making the proposed use consistent with the zoning designation. Project Analvsls Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: 31 D -4 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 3 • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community, • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area, • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. 'Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. 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. 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. 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 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. 31 D -5 Conditional Use Permit No. 201443 December 8, 2014 Page 4 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. 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, 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. Blackmarket Bakery is proposing to open a new eating establishment in the city. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the sale of beer and wine to the eating establishment's patrons does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after - hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes' as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31 D -6 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions. Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 211 North Broadway is located in Reporting District No. 165. Reporting District No. 168 is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association and is within the Downtown National Register Historic District. Staff contacted the presidents of the Downtown Neighborhood Association and the nearby Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. The association presidents did not raise any issues or concerns during the telephone discussion. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance 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, Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). 31 D -7 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -43. s Ricardo Soto Planning Technician RS:jm M:raportsWUP 2014- 431cup14.43 Black Market Type 41 ABC.pc OleoM 1 wb� A Vemy Carvajal Senior Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 Floor Plan Exhibit 6 — Operational Standards for On -Safe Establishments 31 D -8 p � p so ss SO�SS Al 69481ALACROULTUPALT CR -H PAMGMCOIR0A110N cc GSM COMMffUALSOMMAIN MI ci COMMUNITYMMMMAL W AMMO COMM. MMMMAUMUMM DIM9CT Mo C2 GMEFALOOMMSM 0 m UNTRALBUSNMS p M-A aNTRAL W SNESGARWIALLAGE rlcD CA RAMNMT0FnNGCBMT {Tyl Cs AR ALOOMWUAL MWERCIALF83DENRAL WVEFNMEPITCFNTER UGfMWUMRAL 14EAWINDU9RdAL MIUTARNPEPAMONS OPM PACE PFO MOML P.ANNO OWMUNITY DEVEONEW BANNS FE30MALWALOPMD[T RI 9NC{EFAMILYF DEMAL m MFAMILYFaMCE m MULTIFIEDW9TYMUI.TIFLE FAMILYFOOFNCE PA SASUFTANAFARRviM I€ FODENPALESrAi2 � sFnFicoL�atxxaeur 3 awFUIP.N -+►� CUP 2014 -43 BLACKMARKET BAKERY TYPE 41 ABC 211 NORTH BROADWAY G =sDOFEE i 100 FEE( N 0 A N 0 B U I L D I N G -AG E N C Y _ EXHIBIT 7 VICINITY MAP 31 D -9 PARK MULTI- FAMILY RESIDENCE 1ST COMM. � d d_ S U d C) COMM, ec m MULTI- FAMILY RESIDENCE L-il PARKING STRUCTURE STREET COMMERCIAL 2ND COMMERCIAL STREET COMMERCIAL STREET BLACKMARKET BAKERY TYPE 41 ABC r\ 211 NORTH BROADWAY dW P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 D -10 d_ wy� v L-il PARKING STRUCTURE STREET COMMERCIAL 2ND COMMERCIAL STREET COMMERCIAL STREET BLACKMARKET BAKERY TYPE 41 ABC r\ 211 NORTH BROADWAY dW P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 D -10 aaCi Y1: ��. �y:� �� y ^i' r- ,z c EXHIBIT 4 31 D -12 EXHIBIT 5 31 D -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, Including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when ,patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31D-14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses, Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises, Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "ail you can drink for..," or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18, There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2 of 4 31 D -15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to Issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23, The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items; a. Procedures for handling obviously intoxicated persons. b: The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C, Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limlt/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 D -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency.. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 D -17 ROH - 12108/14 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 Planning 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: 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 Page 5 of 5 31 D -18 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 31 D -1 9 Page 5 of 5 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 Page 5 of 5 31 D -20 ADOPTED this 8th day of December, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge Assistant City Attorney 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: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -45 31 D -21 Page 5 of 5 31 D -22