HomeMy WebLinkAboutRESO 2015-32_2321EFourthStUnitGLS 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:
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 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
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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
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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
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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)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
BY:
Lisa Storck
Assistant City Attorney
airman
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: 04,6x
Planning Commission Secretary
City of Santa Ana
Resolution No. 2015 -32
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