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HomeMy WebLinkAboutRESO 2015-07_150223_1327EFirstROH - 02/23/15 RESOLUTION NO. 2015 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1327 EAST FIRST STREET 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- 50 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 1327 East First Street. 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 February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -50. 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 -50 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 facility'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 full - service dining experience within a family- oriented venue. 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 -07 Page 1 of 4 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. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main 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 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 similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow El Pollo Norteno to remain economically viable and contribute to the overall success of First Street Plaza, 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 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? Resolution No. 2015 -07 Page 2 of 4 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 restaurants with food and alcoholic 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. El Pollo Norteno has been going through recent site and tenant improvements to clean -up any out of compliance requirements; these will allow the center to display an attractive shopping environment for 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 at First Street Plaza. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Pollo Norteno will be located in a commercial area and its operations will be compatible with the surrounding 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 structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -155 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 -50. 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 February 23, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -07 Page 3 of 4 ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: v Ryan O. Adge Assistai qity At rney VI IG1111 IGI 1 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: X12 ?�` / 5 /Al au4t' 14'/V�� Planning Commission Secretary City of Santa Ana Resolution No. 2015 -07 Page 4 of 4