HomeMy WebLinkAboutRESO 2016-02_601 E Santa Ana Blvd (Knife & Glass)LS 1. 19.16
RESOLUTION NO. 2016 -02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -19 TO ALLOW A TYPE 41
ALCOHOL BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 601 EAST SANTA ANA
BOULEVARD, UNIT A
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 -19 to
allow a Type 41 Alcoholic Beverage Control (ABC) license at the property
located at 601 East Santa Ana Boulevard, Unit A.
B. Santa Ana Municipal Code Section 41 -196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off - premise consumption.
C. On December 14, 2015, the Planning -Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -19, during which the
application was continued for 30 days to allow the applicant ample time to
hold a community meeting to share additional information about the
proposed application with the community.
D. On January 25, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2015 -19.
E. The Planning Commission of the City of Santa Ana 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 -19 to allow a Type 41 ABC license:
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
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
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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.
2. 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.
The proposed Type 41 ABC license 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 primarily a restaurant
use and the addition of alcohol will be ancillary to the main
use. In addition, the use will occur within the periphery of
the premises, mitigating any potential impacts to the
surrounding neighborhood. Finally, the sale of alcohol in the
restaurant is intended to be incidental to the primary use as
an eating establishment.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
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 Downtown and citywide that
also offer beer and wine for sale to their guests and other
visitors. Moreover, the offering of alcoholic beverages will
allow Knife & Glass, a small business, to remain economically
viable and contributes to the overall success of the Transit
Zoning Code area, helping to decrease the number of vacant
spaces that may affect the economic viability of the area.
4. That the proposed use will 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
alcohol 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
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utilize less than five percent of the gross floor area for the
display and storage of alcoholic beverages, which is
consistent with the maximum threshold established by the
Santa Ana Municipal Code.
5. 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.
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 beer and wine on their
menus offers additional dining options for Santa Ana
residents and visitors. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. Knife & Glass's tenancy contributes to the
maintenance and viability of the repurposed, mixed -use
commercial building in which it is located. 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 in the
neighborhood. Finally, Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. The restaurant 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 from further review per Section 15301.
The Section 15301 (Class 1) exemption applies to the operation of
existing facilities. The proposed application is to approve a conditional use
permit to allow a Type 41 ABC license at a site that is already served by
municipal services, such as roadways, utilities, and parking. This project
involves negligible or no expansion of an existing use. Categorical
Exemption Environmental Review No. 2015 -109 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
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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 -19 for the project
located at 601 East Santa Ana Boulevard, Unit A. 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 December 14, 2015, and exhibits
attached thereto; the Request for Planning Commission Action dated January 25, 2016,
and exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 25th day of January, 2016.
AYES: Commissioners: Bacerra, Bauer, Gartner, McLoughlin, Mill, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete (0)
ABSTENTIONS: Commissioners: None (0)
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Ja s-Gartner
C airperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
R _...
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. 2016 -02 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on January 25, 2016.
Date:
M V/X P I �A-
Planning Commission Secretary
City of Santa Ana
Resolution No. 2016 -02
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