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HomeMy WebLinkAboutRESO 2015-26_2223WFifthStUnitFGHLS 8.5.15 RESOLUTION NO. 2015 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -27 TO ALLOW A T YrE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT TACOS Y MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F, G AND H 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. Applicant is requesting approval of Conditional Use Permit No. 2013 -27 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 2223 West Fifth Street, Units F, G and H. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On August 10, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -27. 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 (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2013 -27 to allow for a Type 41 ABC license: 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 customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. 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 Resolution No. 2015 -26 Page 1 of 4 ensure that the use will not negatively affect the surrounding community. 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 commercial tenant space, mitigating any potential impacts to the surrounding neighborhood. In addition, 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 economically 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 Tacos Y Mariscos El Picante Restaurant to remain economically viable and contributes to the overall success and economic stability 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 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 five (5 %) 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. 2015 -26 Page 2 of 4 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. A restaurant that feature alcoholic beverages on its menu offers additional dining options for Santa Ana residents and visitors and strengthens the economic vitality of the non - conforming commercial uses along Fifth Street. 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. 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 operation, repair, maintenance, permitting, or leasing of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow the sale of beer and wine within an existing commercial building that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2013 -61 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -27. 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 August 10, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -26 Page 3 of 4 ADOPTED this 10th day of August 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Ja es Gartner airman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney p B_ v• Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 10, 2015. g- ) ODate. VAV -� ) 5 Planning Commission Secretary City of Santa Ana Resolution No. 2015 -26 Page 4of4