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HomeMy WebLinkAboutRESO 2016-22_1945 E 17th St (Rockfire Grill ABC)LS 5.9.16 RESOLUTION NO. 2016-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-16 TO ALLOW THE ON -PREMISE SALE OF BEER AND WINE AT A BONA FIDE RESTAURANT FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, SUITE 104 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. 2016-16 to allow an Alcoholic Beverage Control (ABC) license at the property located at 1945 East Seventeenth Street, Suite 104. 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 May 9, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-16. D. 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. 2016-16 to allow an 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 alcohol beverage license will provide an ancillary service to restaurant 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 have been placed on 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. 2016-22 Page 1 of 4 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 license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 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 stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer beer and wine beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 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 imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the 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 offers additional dining options for Resolution No. 2016-22 Page 2 of 4 Santa Ana residents and visitors. The tenanting of this building with a restaurant use further supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A viable restaurant will provide a needed service to Santa Ana residents and visitors. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016-16 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 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. 2016-16 for the property located at 1945 East Seventeenth Street, Suite 104. 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 May 9, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of May, 2016. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, McLoughlin, Verino (3) ABSTENTIONS: Commissioners: None (0) Resolution No. 2016-22 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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. 2016-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2016. Date: JIM 6 lz �— Acting Recording Secretary City of Santa Ana Resolution No. 2016-22 Page 4 of 4