HomeMy WebLinkAboutRESO 2016-28_3940 S Bristol St #111 (Brasa Rotisserie ABC)LS 7.11.16
RESOLUTION NO. 2016-28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-19 TO ALLOW ON -PREMISE
SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY
LOCATED AT 3940 SOUTH BRISTOL STREET. UNIT 111
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. 2016-19 to
allow on -premise sale of alcoholic beverages at the property located at 3940
South Bristol Street, Unit 111.
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 July 11, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016-19.
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. 2016-19 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. 2016-28
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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 project site is located within a multi -tenant commercial
center and is suitable for the proposed use. The addition of
alcoholic beverages on the menu at Brasa Rotisserie
restaurant will increase the patronage to the restaurant and
number of visitors to the development, thereby enhancing the
profitability of the business and economic stability of the area.
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
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
Resolution No. 2016-28
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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. Brasa Rotisserie 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. 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. 2016-64 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. 2016-19 for the project
located at 3940 South Bristol Street, Unit 111. 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 July 11, 2016, and exhibits attached
thereto; and, the public testimony, written and oral, all of which are incorporated herein
by this reference.
Resolution No. 2016-28
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ADOPTED this 11th day of July, 2016.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
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Jami, a her
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: i' ' L
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. 2016-28 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on July 11, 2016.
Date: %/1111 b
C�jl� A� /
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-28
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