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Home My WebLink AboutRESO 2016-18_2429 W McFadden Ave #106 (Restaurant Acapulco)LS 4.25.16 RESOLUTION NO. 2016-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-14 AS CONDITIONED TO ALLOW AN ON -PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 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. 2016-14 to allow an on -premise Alcoholic Beverage Control (ABC) license for the property located at 2429 West McFadden Avenue, Unit 106 B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption of alcoholic beverages that is ancillary to the primary restaurant use. C. On April 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-14. 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. 2016-14 to allow the 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 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food -related amenity. Standards and conditions 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. 2016-18 Page 1 of 5 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 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 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 permit the restaurant to maintain its established function in the neighborhood as a well-known, family-owned restaurant. Restaurant Acapulco has been a part of the community for the past two decades, and the intent to expand the operations by moving to a larger space speaks to the success of this particular business. The granting of the CUP for this space will allow for Restaurant Acapulco to remain economically viable and to continue fulfilling its role as a beloved eating establishment in the community. 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 alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full-service 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 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. 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 Resolution No. 2016-18 Page 2 of 5 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 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to the maintenance and viability of the commercial development 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. Conditions and operational standards for the proposed 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 for further review per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on -premise sale of beer and wine at a full-service restaurant within an existing structure. 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 sole 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. 2016-14 as conditioned in Exhibit A, attached hereto and incorporated herein. 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 April 25, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016-18 Page 3 of 5 ADOPTED this 25" day of April 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mill, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 4A Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2016. Date: '� /aJ% ) (2 Acting Recording Secretary City of Santa Ana Resolution No. 2016-18 Page 4 of 5 P03:IIelI1011 Conditions for Approval Conditional Use Permit No. 2016-14 for an Alcoholic Beverage Control license is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All signage on the property must be brought into compliance with the standards set in Chapter 41, Article XI, Division 2 of the SAMC, as well as the McFadden -Sullivan Center Sign Program (Sign Program No. 1999-18). 2. The property owner will submit a letter to the Planning Division stating their intent to surrender CUP No. 99-18 for Unit 108 and the applicant's intent to transfer the existing ABC license from Unit 108 to Unit 106. 3. A private security guard shall be provided for the property to serve on duty from 12:00 noon until the end of business operations for the entire commercial center. These hours will be adjusted to correspond with the hours of operation as needed. Resolution No. 2016-18 Page 5 of 5