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Home My WebLink About31A - CUP - 2223 W 5TH STREQUEST FOR COUNCIL ACTION NM CiTY COUNCIL MEETING DATE: SEPTEMBER 1, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2013-27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y MARISCOS EL PiCANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F,G NCH - CARLOS GUAMAN, APPLICANT (STRATEGIC Pj.AN NO. 3, 2) J RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . Vii• El As Recommended 0 As Amended Cl Ordinance on 1tl1Reading 0 Ordinance on 2n® Reading Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No, 2013 -27. PLANNING COMMISSION ACTION At its regular meeting on August 10, 2015 by-a -vote of 7.0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -27 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Tacos Y' Mariscos El Picante Restaurant located at 2223 West Fifth Street, Units F, G & H in the Single Family Residential (R1) and the Two Family residential (112) zoning districts. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). Tacos Y Mariscos El Picante Restaurant Is a full service, sit -down establishment that is 1,350 square feet in size and holds approximately 48 seats. The. project location Is within a multi - tenant shopping center that is known as the Tiny Tim Plaza located at the northeast corner of Fifth and Sydney Streets, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The approval of the CUP would allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at Tacos Y Mariscos El Picante Restaurant. Full sized site plans are available for public viewing in the Clerk of the Council Office, 31A-1 Conditional Use Permit No. 2013 -27 September 1, 2015 Page 2 Approval of this Item supports the City's efforts to meet Goal No. 3 Objective No, 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies), FISCAL IME69I There is no fiscal impact associated with this action, Hassan Hagha i, AICP Executive Director Planning & Building Agency AN:rb Anup5l Vlancwmm \GUPt2•'3T.TacosElPloantme Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST FOR Planning Commission Action AUGUST 10, 2015 TITLE: PUBLIC HEARING — FILED BY CARLOS GUAMAN FOR CONDITIONAL USE PERMIT NO. 2013-27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F,G &H (STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin -An Ni -- F_�ecut6WDirector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 4 Acting P11 ning onager -- —� RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2013 -27. Request of Applicant Carlos Guaman is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at Tacos Y Mariscos El Picante Restaurant at 2223 West Fifth Street, Units F, G and H. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Project Location and Site Description Tacos Y Mariscos El Picante Restaurant currently operates within a multi- tenant shopping center that is known as the Tiny Tim Plaza located at the northeast corner of Fifth and Sydney Streets. The site is 1.83 acres in size, L shaped and contains two buildings: An 11,730 square foot structure and a 7,575 square foot structure that were both constructed in 1962. The front portion of the project site has a Single - Family Residence (R1) zoning designation and the rear portion has a Two - Family Residence (R2) zoning designation. In 1961, a variance was approved (VA No. 1441) to allow a commercial retail center including a grocery store, retail, medical office and a gas station on the Two - Family Residence (R2) section of the site. A total of 78 parking spaces are provided in a surface parking lot. The site is surrounded by commercial and industrial uses to the west and south, and residential uses to the north and east (Exhibits 1, 2 and 3). Project Description Tacos Y Mariscos El Picante Restaurant is requesting Control (ABC) license to allow the on- premise sale establishment. The restaurant is a full service, sit -down EXHIBIT A 31A-3 approval of a Type of beer and wine establishment that 41 Alcoholic Beverage as part of the eating is 1,350 square feet in Conditional Use August 10, 2015 Page 2 Permit No.2013 -27 size and holds approximately 48 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 12:00 a.m., seven days per week. The storage for alcoholic beverages will be inside of an existing refrigerator that is located in the kitchen and a dry storage area. The overall storage of alcohol consists of approximately 49 square feet, which is four percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Standards for establishments serving alcoholic beverages (Exhibits 4 and 5). Project Background Tacos Y Mariscos El Picante restaurant is a locally -owned and operated restaurant that specializes in Mexican seafood cuisine. The restaurant occupies an existing space within Tiny Tim Plaza that has been used by various eating establishments since 1966. This business has been operating at the present location since July 2012. There was no previous conditional use permit issued for this location to allow the on -site sale of alcoholic beverages. The General Plan land use designation for the site is General Commercial (GC) and Low Density Residential at seven dwelling units per acre (LR7). General Commercial land -use districts are key components in the economic development of the City as they provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Single- Family Residence (R -1) and Two - Family Residence (R -2) zoning districts with a use variance approved in 1961 (VA No. 1441). The variance allows for retail and service uses such as restaurants, making the proposed use a legal non - conforming use with the R -1 and R -2 zoning designations. Project Analysis 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: 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. 31A-4 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 3 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 alcohol beverage 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 ensure that the use will not negatively affect the surrounding community. The proposed 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 standards are applicable to the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to economically compete with other restaurants in the area that also offer beer and wine for sale to their guests. 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 has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 31A-5 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 4 • The proposed use will not adversely affect 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 with an ancillary alcohol license provides a dining service to the residents of Santa Ana and strengthens the economic vitality of the non - conforming commercial uses along Fifth Street. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. Tacos Y Mariscos El Picante has been in operation at the subject location since July 2012, with the commercial building on the project site occupied by retail and restaurants since the 1960s. The site is in compliance with all standards of SAMC Section 41- 196(g) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and ensure the site does not become an attractive nuisance to the community. Police DeEartment Anatysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages 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. 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 Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 2223 West Fifth Street is located in reporting District No. 105, an area that is 32 percent below the number of reported crimes than the average number reported for all crime reporting districts and is considered average in police - related incidents based on standards established under the Business and Professions Code Section 23958.4. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise and /or late night activity. 31A-6 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 5 Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP, provided that the proposed standards are complied with to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. Public Notification The project site is located within the Artesia Pillar Neighborhood Association. Staff contacted the president of the association, who identified no concerns with the project. Additionally, 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 this printing, no correspondence, either written or electronic, had 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. 2013 -61 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, Objective No. 2 (create new opportunities for businessfjob growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -27, Ann Ni Associate Planner AN:jm Anl \wp51 \plancomnOCUPi 3- 27.TacosElftante.pc 31A-7 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 6 Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-8 C2 / R2 y. PAP/ T Vj Q�� q ni qt Rl RI / R2 M, EZ R2 7 7 J Rt vlamr —m RI M1 1117TH 5TI 1 , .i c, N1 IR W ? 173 RI RI 's n, R7 RI n � R3 R1 IR1... sn NI Rill li x, R) nn p1 -- C R1 NI RI ' RI fti c� R1 �ry— Rl ,. 1 Rl ni v m N. 11 c-7--i n n m R1 AVE. Ri ` mi m n� RRl 1 A4I�errv��J 1 F I�IG o' m ` G _ OIL.�, C, N�3 91 nZ R� M� R2 RZ � R] rani i[m I ,o ST I RI Al GENFALAGNCULR➢?ALp CR IXTYMBUALHf90EMIAL R, SNGLEFAMILYF6q R1AL -6 FAMNOMODIHCAIICN CG GDVff3WFNTCff6i 1.7 MOFM1ILyraDENCE GN COMMEAMALMUIHMAIN MI UC TINDUGR3AL W MULTIftEDBd91YMUL:RRI C7 COMMUNRYCCMMWAL M2 HFAVYINDUSTRAL FAMILYFEIDPICE C14D G'hMM. O]MMYOAUMUS M rl` MO MILAAMOPEWRONS PA SW& NAMF7M PIS C2 GMEPALOCMMWAL 0 OfENSMCE fE 1 NNRAL STATE C3 CDRFALRUSNESS P FMFL'SONAL RP Y- MRC05VEWMMT CIA CIId LBUSWISARRSTMUAGE Fib F( ANNWWAMUNIWDE JDWM S' 3ECIRCPIAN 01 F NNED9 MNGMIM FVD BANNED Ia6DECIALD&B.0FTMIENT C6 ARMALGCMMWAL CUP 2013 -27 TACOS Y MARISCOS EL PICANTE W 2223 WEST 5TH STREET, SUITES F, G & H -. =500 FEET V- IOODFFET P L A N A I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VIAIA M0P SI GL-FAMII �ESI�D ENICE 7TH STREET E S I D E N C E F- w 7TH STREET w ~ ING E - FAMILY RESIDENCE 6TH STREET IN DLISTRI L 7- z w J d C jm M R C I A L 2 s �w �w JN �w z c Comm, w w CC H Ln i- w yr — Z i.n z m 0 5TH STREET P� C� F� C FLFC rR/C R I G H T O F W A Y y CUP 2013 -27 I TACOS Y MARISCOS EL PICANTE 2223 WEST 5TH STREET, SUITES F, G & H cn 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 31A -10 CUP2013 -27 Exhibit 3 Site Photo 31A-1 1 C $ m ODs ,A #a$ w m� ®faQ��tj3j� q eiW� � g � �� C €��i��l &� €;, °cam& r R0 LLD 0 c R JIN 119 3)5.19' ±gs e a ys ee^ q 9 �'9 HIE) R! u q 61A 21 I i i � I I I ac 8 i�4 7 � 8 P �� 1"f"'I'TTTb�-0 —1 •`'�.. \m �T- �h;rta^' � R e e ee Taid q eya , ��x I :- dpp�� i I i i � I I I ac 8 i�4 7 � 8 P �� 1"f"'I'TTTb�-0 —1 •`'�.. \m �T- �h;rta^' � R e e ee L k A Fl O MIT xpypyxx }{Y511 � ,A i V V 'rty(5 h 3 69 ,� M1¢ .L Qryy dydy�Jq C 6 y etlY t R� Umi a X� 66 dog 4100 110117".06 i Taid L k A Fl O MIT xpypyxx }{Y511 � ,A i V V 'rty(5 h 3 69 ,� M1¢ .L Qryy dydy�Jq C 6 y etlY t R� Umi a X� 66 dog 4100 110117".06 i z6 ,FI €I o ItiE E! $Wf1A flf #FIF {;a $,"yG IWWW !1 �33 gag �pgt3�3g�g� �� yd� � U M1y 2 N g m plamy WWp0Q tl dG fa W8 dC°1F �yF4$ 182 FU I d�E��IFf I I q I �fl6ae$.ia¢� a I w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i C a° e e w w z !1 �33 gag �pgt3�3g�g� �� yd� � U M1y 2 N g m plamy WWp0Q tl dG fa W8 dC°1F �yF4$ 182 FU I d�E��IFf I I q I �fl6ae$.ia¢� a I w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i Sec. 41 -186. 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 1. 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. 3. 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. 5. 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 31A -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 "all 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. 2of4 31A-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 6, 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. G. 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). d. 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 limit/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. f. 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 31A -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 31A -17 LS 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 TYPE 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 31A -18 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 31A -19 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 31A-20 ADOPTED this 10'" 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) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney James Gartner Chairman •IZ.»rejm_IrI i -i 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. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2015 -26 Page 4 of 4 31A-22