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HomeMy WebLinkAbout31B - CUP - 2321 E 4TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL LOCATED AT 2321 EAST FOURTH STREET, UNIT G — ALEX WOO, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;-0;• r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1e' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -15. PLANNING COMMISSION ACTION At its regular meeting on September 14, 2015 by a vote of 6:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -15 which approved a Type 41 Alcoholic Beverage Control (ABC) license in order to sell beer and wine for on- premise consumption at 2- Fisherman Grill at 2321 East Fourth Street, Unit G located in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION 2- Fishermen Grill restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The restaurant will be maintained as a full - service, sit -down eating establishment. The dining area will contain approximately 30 seats and will have all necessary equipment to be considered for a Type 41 ABC license. The restaurant also offers an outdoor dining area for 10 patrons. Currently, there is no intention of serving alcohol to outdoor patrons; however, if the restaurant wishes to provide outdoor service, no amendment to the conditional use permit will be required insofar as the outdoor service area conforms to standards established by the California Department of Alcohol and Beverage Control. 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 currently from 11:00 a.m. to 9:00 p.m. Monday through Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2015 -15 October 6, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #3 Objective #2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FIACAI� IMPACT There is no fiscal Impact associated with this action, ;H assan 10 M han AICP Executive Dirac or Planning & Building Agency lOrb 101anning Commieelonl2$21 E 4%1002015-16 2,F18herMen Gr19 Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31 B -2 Economic Development, . and encourage private REQUEST FOR Manning Cornllnr lflsslon Aa;U n PLANNiNn COMWS lON I�qEIETMG nArE: SEPTEMBER 14, 2015 TH'LE: PUBLIC HEARING — FILED BY ALEX WOO FOR CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL LOCATED AT 2321 EAST FOURTH STREET, UNIT G {STRATEGIC PLAN NO. 3,2) Pre pare d by Ivan Orozco % Gam_ Fm,aa'; ativ tar RECOMMENDED ACTIONS PLANNING Ca.)VVWCMN SECRETARY APPROVED 0 As Rrcornrnended '] As Arn& deed I I et Public I-Iresr'ing For` 7 Applicant's Request D Staff RecornrnendiAon Adopt a resolution approving Conditional Use Permit No. 2015 -15. Request of Applicant Ac,ting i "I ivnJ M ,-Jr cier Alex Woo, representing 2- Fishermen Grill, is requesting approval of a conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at the 2- Fishermen Grill restaurant located at 2321 East Fourth Street, Unit G. Project Location and Site Description The applicant is currently operating a full service, sit -down restaurant within the Creekside Retail Center, which is located at the northeast corner of Fourth Street and Tustin Avenue. 2- Fishermen Grill occupies 1,600 square feet of an existing 8,515- square foot, commercial building that contains commercial and restaurant uses. A total of 125 parking spaces are provided within an existing surface lot. Land uses surrounding the site are office uses to the north and west, commercial uses to the south and the Costa Mesa (State 55) Freeway to the east (Exhibits 1, 2 and 3). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are no ABC licenses located within a 500 foot radius of the site. There are however two ABC licenses located just outside the 500 foot radius of the site in addition to the proposed license. The two ABC licenses include a Type 20 license (off -sale beer and wine) at 17241 Irvine Boulevard (Tustin) and one Type 47 license (on -sale beer, wine and distilled spirits) at 301 North Tustin Avenue (Santa Ana). However, this information does not affect the analysis or recommendation contained in this report. EXHIBITA 31 B -3 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 2 Project Description The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. Currently, the applicant is operating without an ABC license and has done so since the tenant space was opened as an eating establishment in 2004. The restaurant is a full service, sit -down eating establishment that operates from 11:00 a.m. to 9:00 p.m. daily. The restaurant has approximately 30 seats within its dining room and approximately 10 outdoor seats. Currently, there is no intention of serving alcohol to outdoor patrons; however, if the restaurant wishes to provide outdoor service, no amendment to the conditional use permit will be required insofar as the outdoor service area conforms to standards established by the California Department of Alcohol and Beverage Control. The on- premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 24 square feet, which is less than one percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Project Background Creekside Retail Center was constructed in 2002 in two phases. The first phase consisted of an 8,515 square foot retail building, with the second phase incorporating an additional 6,000 square feet of retail space that was built the following year. 2- Fishermen Grill has operated from this location since 2011, with previous tenants using the space as an eating establishment since 2004. The proposed Type 41 ABC license will allow the existing business to compete with the nearby businesses that provide similar services and operations. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land use districts 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 site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail, service and restaurant uses, making the proposed use consistent with the zoning designation. 31 B -4 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 3 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. • 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 this conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the area. Moreover, operational standards applicable to the license will mitigate potential impacts from the Type 41 ABC license (Exhibit 6). • The proposed Type 41 ABC license will provide an ancillary service to the restaurant'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 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. 31 B -5 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 4 • 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. This is a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol 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 in the general vicinity and citywide that also offers a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow 2- Fishermen Grill, a small business, to remain economically viable and contribute to the overall success of the commercial area. • The proposed project will be in compliance with all applicable regulations and conditions 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 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 one 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. • 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 full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 for the City of Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. 2- Fishermen Grill will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation 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 MEW Conditional Use Permit No. 2015 -15 September 14, 2015 Page 5 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 2321 East Fourth Street, Unit G is located in Reporting District No. 264. 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. Public Notification The project is not located within the boundaries of any Neighborhood Association. Staff contacted the City of Tustin, who had no comments regarding the proposed CUP. 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. No comments have been received as of the date of printing of this report. 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 operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015- 68 will be filed for this project. 31 B -7 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 6 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 -15. ex 4101,40-4,J) ' Ivan Orozco Assistant Planner I IO:jm io \Planning Commission \2321 E 4th \CUP2015 -152- Fishermen Grill Type 41 ABC.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments MWOO SEVENTEENTH cs 1__1 1 R4 'i,' 6n oo'h cl R4 -PRD P I uw- -1 P .b b a Rt < RI ul Irh._._... «,. aiF 0 i' R4 P P -0ZI -F P -0ZI -F - P -071 -F � u CS -0Z1 -F B � a C1 -OZ1 -F FIRST � Al GBJ LAGfdCUMI Lr -B (W NGMODIRCATION GSA O MMH ALMC MAIN Cl O]NMUNJWY MRWL Cl -MD CCMM. COMMRSAAUMUS MDIS Q Gffi �LMMMR AL m MT LBWNE CAA CBJ L& N6 AR11SMLLAGE CA F NNMS4OMNGCBJ C5 AF ALMMMMAL P -�ZI -F C5 ULL--� ST. cl w c w �,w cc LL H P `L o n � Clry Br Iu :tln I N I t1illIFINA Ff A] MM NJ CR MMMRCIALF DR IAL GC (YJVRdJM9 TCHJ MI Ll( TINDUSRdAL M2 HE WINDUB AL MO MIUTAMOPB2 MNS 0 OPH SPAa P FR ONAL FCA RANNMO MUNIT DE/ OWMT Ff3] F NNMR DBJ ALDEVaOWM T 6m.! RI SNMFAMILYF D9 AL fd M FAMILYf¢90R m MULiIftEDmwmULTIFLE FAMILYYiDR M Fa 31W1 NAFkAfM9JT5 FE F D�A=AT m �FICDE OWM 9' S 9CF N (mv CUP 2015- 15 -RST 2- FISHERMEN GRILL TYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G _500 F1}7 l 1000 F� 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 EXHIBIT 1 > PROFE SIGNAL MULTI - FAMILY RESIDENTIAL a z > O Q 6TH STREET w w o LL' Cc PROFESSIONAL -r — w = � I- z i iiii O w a Ln 4TH STREET COMM. COMME PROFESSIONAL z � CUP 2015- 15 -RST 2- FISHERMEN GRILLTYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G s-V� 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 31 B -10 ", �'�r�Il "rlfiivrlrlfrrlwrraii �'r rrlr»rrrk�rriirlriftfr �riyrrrrir» �% CUP 2015 -15 2 FISHERMEN GRILL TYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G EXHIBIT 3 31 B -11 EXHIBIT 4 31 B -12 "Ifid-1 2 (D LU U) Z F- , \(\ Z \ \\ CA 6 z w ca S L) o U 0 z \ \\ u k \0 10 0 w ul Z � ,CJ 0 0 U w "I z M < W 0_, w U w 0 w U) W a, u ,, 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 -186 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 31tf414 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. 31bf415 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. 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. 31 f 4 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. 31 �` -417 LS 9.4.15 RESOLUTION NO. 2015 -32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL RESTAURANT LOCATED AT 2321 EAST FOURTH STREET, UNIT G 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 -15 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 2321 East Fourth Street, Unit G. 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 September 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -15. 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 -15 to allow for a Type 41 ABC license: 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 a variety of alcoholic beverages 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 -32 31 B -1 8 Page 1 of 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. This is a restaurant use and the addition of alcohol will be ancillary to the main use. 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 nearby restaurants in the general vicinity and citywide that also offers a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow 2- Fishermen Grill, a small business, to remain economically viable and contribute to the overall success of the commercial 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 conditions 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 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 one 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? 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 Resolution No. 2015 -32 31 B -19 Page 2of4 the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 for the City of Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. 2- Fishermen Grill will be located in a commercial area and its operations will be compatible with the surrounding commercial 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 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 -68 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 -15. 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 September 14, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -32 31 B -20 Page 3 of 4 ADOPTED this 14th day of September, 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) 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 -32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 14, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -32 31 B -21 Page 4 of 4 31 B -22