HomeMy WebLinkAboutRESO 2016-25_1730 E 17th St #H (El Taco Veloz ABC)LS 6.13.16
RESOLUTION NO. 2016-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-20 TO ALLOW ON -PREMISE
SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY
LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT
H
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. 2016-20 to
allow on -premise sale of alcoholic beverages at the property located at 1730
East Seventeenth Street, Unit H.
B. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
either on-site or off-site consumption.
C. On June 13, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016-20.
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 Section 41-
638, have been established for Conditional Use Permit No. 2016-20 to
allow for on -premise sale of alcoholic beverages:
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 Alcoholic Beverage Control (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 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. 2016-25
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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 ABC license will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity as operational standards will ensure
that the use will not create any negative or adverse impacts.
This is primarily a restaurant use and the addition of alcohol
will be ancillary to the main 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 permit the restaurant to
maintain its established function in the neighborhood as a
well-known, family-owned restaurant. EI Taco Veloz
restaurant has been a part of the community for over a
decade, and the intent to serve alcoholic beverages in the
restaurant will allow the restaurant to compete with other
restaurants in the area that also offer alcoholic beverages for
sale to their patrons.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol license will be in compliance with all
applicable regulations and operational standards found in
Chapter 41 of the Santa Ana Municipal Code regarding on -
premise alcohol licenses. Operational standards will ensure
the project remains in compliance with all applicable codes
and regulations related to alcohol sales to ensure that the
use does not impact neighboring properties or create an
attractive nuisance.
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
Resolution No. 2016-25
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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. EI Taco Veloz restaurant'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 from further review per Section
15061(b)(3), which is a general rule exemption applying to projects that
have no possibility of having a significant impact on the environment.
General Rule Exemption Environmental Review No. 2016-54 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. 2016-20 for the project
located at 1730 East Seventeenth Street, Unit H. 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 June 13, 2016, and exhibits attached
thereto; and, the public testimony, written and oral, all of which are incorporated herein
by this reference.
Resolution No. 2016-25
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ADOPTED this 13th day of June, 2016.
AYES:
Commissioners:
Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verino (6)
NOES:
Commissioners:
None (0)
ABSENT:
Commissioners:
Mill (1)
ABSTENTIONS: Commissioners: None
a s Gartner
C irperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:� �C-s
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. 2016-25 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 13, 2016.
Date: h/"-�/l(0
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-25
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