HomeMy WebLinkAboutRESO 2015-03_150126_701SHarborUnitAROH - 01/26/15
RESOLUTION NO. 2015 -03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -47 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 701 SOUTH HARBOR
BOULEVARD, UNIT A
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-
47 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 701 South Harbor Boulevard, Unit A.
B. Table 3 -2 of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2)
requires a conditional use permit for the sale of alcoholic beverages for
on -site consumption.
C. On January 26, 2015, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2014 -47.
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 -47 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 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. 2015 -03
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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 that also offer
alcoholic beverages for sale to their guests and other
visitors. Moreover, the offering of alcoholic beverages
allows Tortas Sinaloa to remain economically viable and
contributes to the overall success of the commercial center,
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 Santa Ana Municipal Code. 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.
Additionally, the restaurant will utilize approximately three
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
policies contained in the General Plan. Policy 2.2 of the
Resolution No. 2015 -03
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Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of restaurants that feature alcohol beverages on their menus
offers additional dining options for Santa Ana residents and
visitors. 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. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. Tortas Sinaloa is
occupying an existing tenant space within a commercial
shopping center and is compatible with the surrounding
commercial area and nearby uses.
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 and wine within an existing structure that is already served by
municipal services, such as roadways, utilities, and parking. Categorical
Exemption Environmental Review No. 2014 -146 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 -47. 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 January 26, 2015 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 26th day of January, 2015 by the following vote:
AYES: Commissioners: Bacerra, Bauer, Mill, Nalle, Verino (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete, Gartner (2)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2015 -03
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eEri`-cAlderete
Chairman
APPROVED AS TO FORM:
Sonia R. 4rvalho, City Attorney
By: " QIX
Ryan O H dge
Assista C tv A
ey
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2015 -03 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on January 26, 2015.
Date: 1�2�/ /� mtot
Planning Commission Secretary
City of Santa Ana
Resolution No. 2015 -03
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