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Home My WebLink About31B - CUP - 3622 W 5TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE, CONDITIONAL USE PERMIT NO. 2016-13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LiCENSE FOR EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET VICTOR BURROLA, APPLICANT (STRATEGIC PLAN NO, 3, 2) CITY MANAGER � ^lii� 'Y911iG�i Ilo WB MZ*Tel i r • CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1`t Reading ❑ Ordinance on 2otl Reading ❑ Implemsnting Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -13. PLANNING COMMISSIQN 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, 2015 -13 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at El Nuevo Ensenada restaurant located at 3622 West Fifth Street in the Harbor Mixed Use Transit Corridor Specific Plan (5P2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A); however, they requested additional information related to site specific crime data and history. DISCUSSION El Nuevo Ensenada restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations, The restaurant is maintained as a full- service, sit -down eating establishment with seating for 60 patrons. The eating establishment has all necessary kitchen equipment to be considered for a Type 41 ABC license, The on- premise sale of alcoholic beverages to customers Is intended to provide a service that Is ancillary to the primary restaurant use, The hours of operation for the restaurant are from 10 :00 a.m, to 10,00 p.m, Monday through Friday and from 5:00 a.m, to 10:00 p.m. Saturday and Sunday. The storage area for alcoholic beverages will be located in the administrative office space of the restaurant and will be displayed in a refrigerator located in the dining area. The alcohol storage area will total 39 square feet in size, which Is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area. Full sized site plans are available for public viewing 1n the Clerk of this Council Office. 31 B -1 Conditional Use Permit No. 2015.13 September 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet (coal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and ,Zoning Ordinance policies). FISCAL IMPACT There Is no fiscal impact associated with this action. Hassan Hagh , AICP Executive Director Planning & Building Agency RS:rb raaeporWOUP 2016.1 $ \Cup, 2015.15 El Nuevo Ensenada Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 10, 2015 TITLE: PUBLIC HEARING — FILED BY VICTOR BURROLA FOR CONDITIONAL USE PERMIT NO. 2015-13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto _fW -� Ex utive,�Ilt`ector ■7gaaktt.9X9191Jiii'!t� • APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting nni Manager - -- RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No, 2015 -13. Request of Applicant Victor Burrola, representing El Nuevo Ensenada restaurant, 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 an existing eating establishment located at 3622 West Fifth Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description El Nuevo Ensenada restaurant is currently occupying an existing free standing commercial building located on the southwest corner of Fifth and Bewley Streets. A total of 18 on -site parking spaces are provided for the eating establishment. The site is surrounded by residential uses to the south and west, commercial uses to the north, and a religious institution use to the east (Exhibits 1, 2 and 3). Proiect Description El Nuevo Ensenada restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant is maintained as a full- service, sit -down eating establishment with seating for 80 patrons. The eating establishment has all necessary kitchen equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The hours of operation for the restaurant are from 10:00 a.m. to 10:00 p.m. Monday through Friday and from 8:00 a.m. to 10:00 p.m. Saturday and Sunday. EXHIBIT A 31 B -3 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 2 The storage area for alcoholic beverages will be located in the administrative office space of the restaurant and will be displayed in a refrigerator located in the dining area. The alcohol storage area will total 39 square feet in size, which is less than two percent of the gross floor area of the restaurant. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area (Exhibits 4 and 5). Proiect Background El Nuevo Ensenada restaurant is a full - service, family oriented restaurant that offers traditional Mexican and specialty seafood dishes. El Nuevo Ensenada restaurant is occupying an existing 2,260 square foot commercial building that was previously occupied by Mariscos Ensenada. A conditional use permit was previously approved for a prior tenant of the commercial tenant space which allowed for the on -site sale and consumption of beer and wine at the site. However, the conditional use permit was declared void after the use ceased to exist on the site for a period of one year or more. Approval of a new conditional use permit for a Type 41 ABC license is required. General Plan and Zoning Consistency The General Plan land use designation for the site is Urban Neighborhood (UN). Urban Neighborhood land -use districts allow for a mix of residential uses and the opportunity for important neighborhood serving retail and service uses, such as this restaurant. The project site is consistent with the Urban Neighborhood land use designation. The site is located within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) zoning district and is in the Neighborhood Transitional (NT) district of the plan. The NT district of the SP -2 allows for eating establishments, making the proposed use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC and 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. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 31 B -4 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 3 • 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 commercial tenant space, 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 that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Nuevo Ensenada restaurant to remain economically viable and contributes to the overall success and economic stability of the area. 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 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. 31 B -5 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 4 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 restaurants that feature alcoholic 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. El Nuevo Ensenada restaurant is occupying an existing commercial building and is compatible with and supporting of surrounding commercial and residential uses. El Nuevo Ensenada restaurant is requesting a conditional use permit for a Type 41 ABC license. 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 use 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 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 project at 3622 West Fifth Street is located in Reporting District No. 65. Reporting District No. 65 ranks 27th out of 102 reporting districts in the number of police related tails for service. This reporting district is below the 20 percent threshold established by the State for high crime. 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. MEW Conditional Use Permit No. 2015 -13 August 10, 2015 Page 5 Public Notification The project site is located within the boundaries of the Santa Anita Neighborhood Association and is near the Riverview West Neighborhood Association. Staff contacted the presidents of both associations, who identified no concerns with the project. The project site was also 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 a conditional use permit to 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. 2015 -59 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 business /job 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, 2015 -13. Ricardo Soto Assistant Planner I RS:jm rs:reports=P 2015- 131Cup 2015 -13 El Nuevo Ensenada Type 41 A90,pc 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 -Sale Establishments 31 B -7 WESTMINSTER VSLVENTEENTVI ST I AVE, N sp-2 Sp 2 41' Ri RI — RI first RI ml R2 P2 F III RI 2 14 11 , T SP 2- [12 0 R2 Sp- R2 RZ Al .1 v 0 s p p p-Z l—T f rva R2 a MI SD-70 0 R2 2`R7 RR2 z ax R2 1 112 A) R2 nl -PPD // +�I i' II I' T Gi Ml - L 4 r,= FIRST ST. Al GEN9iALAGRWCflJRAQ CR COMMEFOALFEROWAL RI ONGLERAMILYROODITtAL .0 FARQNrMDQ19CAfloN m GOVIEVNIENTC21,7ER R2 M FAMILY Fa4DENCE GSM COMMEFEALSWTH MAIN MI LIU ITINDUSMAL % MLX7IKqUFNS1YM(JLnIlE cl OOMMUNIWMMMERCIAL M2 HEWNOUSMAL FAMILY9�1)ENCF Cl-MD CaMM ' WMMEFUAUMU%UMUMQl MD MUTAR(OKFAWNS R4 ajUJRBANAPAMMENTS C2 GENERALCOMMEROAL 0 OR5,181ACE FIE REEIDENTALESTATE 0 CD1717ALBUSNES p PRDFEMONAL so spms=scpMDIT C3 A CSO LMJSNEAARIISTIALLAGE RANNED CCMMUN W DEVRONFINT SP � FIGRAN CA FI-ANNO FFINGCENTRR frfE RANNE)FfflQWflALUE OFMENT C5 ARfERALOOMMEFOAL CUP 2015-13 k EL NLJEVO ENSENADA TYPE 41 ABC Slil 3622 WEST FIFTH STREET -=500 FEEr i000 FEET L A N N I N G A--R Q B U I L D I N G A. G E N 0 Y VICINITY MAP EXHIBIT 1 31 B-8 } W Y } w J w W S Z �• W u l7 W ui � 6Z z'x M.F.R. M.F.R. wp J M.P.R. s.F.R. �. O S.F.R. Q COMMERCIAL O S.F.R. M.F.R. } J W W � D J m � W CO 1MERCIAI. m CO MER [IAL CO IM ER 'IAL 5TH STREET RELIGIOUS INSTITUTION CO MERCIAL F— W W N N S.F.R. p O COMMERCIAL Q m K COMMERCIAL 2 } Q u o y wo S.F.R, 2 G C G M.F.R. - a It m `G O u ' M.F.R. 5, F, R. CUP 2015 -13 v ` EL NUEVO ENSENADA TYPE 41 ABC r 3622 WEST FIFTH STREET `� P L A N N I N G A N D B U I L 0 1 N G A G E Al C Y LAND USE MAP EXHIBIT 2 31 B -9 1 COMA CRC AI W �2 xIiE. S.f. R. S.F.R. M, F, R. �u a z w q �v z cc V w Z K CUP 2015 -13 v ` EL NUEVO ENSENADA TYPE 41 ABC r 3622 WEST FIFTH STREET `� P L A N N I N G A N D B U I L 0 1 N G A G E Al C Y LAND USE MAP EXHIBIT 2 31 B -9 .\ : - .3: - _ » v gz,z... .. . > � - -�- </ .w . .. .\ : - .3: - _ » v iA tJ r� AY1 .oc • i I p.� I I i I i -Re— F111 I: . . s rti e .' 1M'VNnVM8 JMISix1 —F•` jj F + • jI . . _ A . a ,��' :xinoristw:r73£• :��• �ri.reasiaivi {iy: rI 1 IINIS Hilli EXHIBIT 4 31 B -11 Ka EXHIBIT 6 31 B -12 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 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 31 B -13 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 31B-14 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). d. Procedures for verifying the age of patrons for purposes of alcohol sales. 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. 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 B -15 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 B -16 LS 8.3.15 RESOLUTION NO. 2015 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -13 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 3622 West Fifth Street. 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. 2015 -13. 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. 2015 -13 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'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. 2015 -27 Page 1 of 4 31 B -17 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. 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 El Nuevo Ensenada 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 two (2 %) 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 Land Use Element encourages land uses that accommodate Resolution No. 2015 -27 Page 2 of 4 31 B -18 the City's needs for goods and services. Providing a variety of restaurants that feature alcoholic 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. El Nuevo Ensenada restaurant is occupying an existing commercial building and is compatible with and supporting of surrounding commercial and residential 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 structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -59 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. 2015 -13. 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 -27 Page 3 of 4 31 B -19 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) James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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 -27 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 31 B -20 Resolution No. 2015 -27 Page 4 of 4