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HomeMy WebLinkAbout31A - CUP - 1502 E FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -31 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION FOR TIERRA BLANCA RESTAURANT LOCATED AT 1502 EAST FIRST STREET - MARIA DIAZ, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•'+ _11 E As Recommended [] As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2 I Reading E❑ Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -31. PLANNING COMMISSION ACTION At its regular meeting on September 12, 2016, by a vote of 6:0 (Gartner absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -31 which approved the sale of alcoholic beverages for on- premise consumption at Tierra Blanca Restaurant at 1502 East First Street located in the General Commercial (C -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Maria Diaz, representing Tierra Blanca Restaurant, is requesting approval of a conditional use permit (CUP) to upgrade an existing beer and wine license to include the sale of distilled spirits for on -site consumption at the existing restaurant located at 1502 East First Street. The subject site is a 1.5 acre parcel of land located on the south side of First Street and east of Grand Avenue. The site is currently developed with a 7,865 square foot restaurant building and 17,877 square foot two -story motel. Tierra Blanca Restaurant is a sit -down, casual eating establishment specializing in Mexican cuisine. The restaurant currently operates within a 4,268 square foot tenant area and contains an additional 3,597 square feet of basement area. The applicant has processed tenant improvements prior to the submittal of this application to modify the basement space. Previous to the improvements, the basement space was utilized for storage of dry goods and equipment; however, the building improvements now allow the basement to be used for customer occupancy. The restaurant's hours of operation are Monday to Thursday from 10:00 a.m. to midnight and Friday to Sunday from 9:00 a.m. to midnight. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2016 -31 — Tierra Blanca Restaurant Alcoholic Beverages at 1502 East First Street October 4, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. rive /11assan Haghafni, A1 6P Executive Director Planning & Building Agency 10: rb io \P Ian ning Commission \1502 E First StreetMP16 -31 Tierra Blanca Type 47.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST O R Planning • • t • PLANNING COMMISSION MEETING DATE: SEPTEMBER 12, 2016 TITLE: PUBLIC HEARING — FILED BY MARIA DIAZ FOR CONDITIONAL USE PERMIT NO. 2016 -31 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION FOR TIERRA BLANCA RESTAURANT LOCATED AT 1502 EAST FIRST STREET (STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Adopt a resolution approving Conditional Use Permit No. 2016 -31. Request of Applicant n Planning Manager Maria Diaz, representing Tierra Blanca Restaurant, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing eating establishment located at 1502 East First Street. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The subject site is a 1.5 acre parcel of land located on the south side of First Street and east of Grand Avenue. The site is currently developed with a 7,865 square foot restaurant building and 17,877 square foot two -story motel. The General Plan land use designation for this property is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project is consistent with the General Plan land use designation. The site is located within the General Commercial (C2) zoning district. The C2 zoning district allows for commercial uses such as restaurants and hotels. The proposed project is consistent with the zoning for the site. Surrounding land uses include a mixture of commercial and residential to the north of First Street, office uses to the east and west, and a school use to the south (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2016 -31 September 12, 2016 Page 2 Project Description Tierra Blanca Restaurant currently offers a variety of beer and wine options. The applicant is proposing to upgrade their existing license to include distilled spirits to the list of ancillary alcoholic beverages sold with their food sales. This request would allow the restaurant to remain competitive with similar establishments and meet customer demands during the peak holiday season. The alcohol sales component is ancillary to the primary food use and is sold only in conjunction with a food purchase. The alcoholic beverages will be stored within a walk -in cooler at the rear of the restaurant within the enclosed kitchen area. The restaurant's hours of operation are Monday to Thursday from 10:00 a.m. to midnight and Friday to Sunday from 9.00 a.m. to midnight. No extension of business hours is proposed as part of this project. The site is currently in compliance with the City's development standards in regards to parking, landscaping and signage. The subject site was developed as a hotel and restaurant in 1963. The restaurant has offered a variety of cuisine options throughout the years. In April of 2009, Maria Diaz acquired the restaurant and began renovations of the existing facility. Tierra Blanca Restaurant is a full service restaurant that has provided alcoholic beverages to customers via approval of Conditional Use Permit No. 2009 -22. In an effort to compete with the neighboring restaurants in the area, Tierra Blanca has strived to provide dining options similar to other restaurants in the area, including alcohol as an ancillary amenity for patrons. The proposed addition of distilled spirits to the current sale of alcoholic beverages, which includes beer and wine, is intended to allow Tierra Blanca the ability to compete with other restaurants in the area that offer similar services. Tierra Blanca Restaurant is a sit -down, casual eating establishment specializing in Mexican cuisine. The restaurant currently operates within a 4,268 square foot tenant area and contains an additional 3,597 square feet of basement area. The applicant has processed tenant improvements prior to the submittal of this application to modify the basement space. Previous to the improvements, the basement space was utilized for storage of dry goods and equipment; however, the building improvements now allow the basement to be used for customer occupancy. Maximum occupancy listed for the restaurant is approximately 104 patrons for the first floor and 148 patrons in the basement area. No outdoor seating is provided or proposed. The basement area is currently being utilized for customer space and private dining events, in addition to the entertainment uses such as karaoke and live music. A banquet use is currently not proposed as the facility will not be available for sublease or rent to other operators. Tierra Blanca Restaurant is operating and received approval for a Category 4 Entertainment Permit No. 2014 -12 approved in 2014 (Exhibits 4 and 5). 31A-4 Conditional Use Permit No. 2016 -31 September 12, 2016 Page 3 Proiect Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to upgrade the on -sale license at this location. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and because the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed use will not be detrimental to the health, safety, and welfare of the community. Tierra Blanca is an established restaurant business with a history of service to the community and visitors of the City. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(x) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premises sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. Tierra Blanca proposes to provide an additional amenity as part of the restaurant operations, to serve guests and residents of the City, similar to the hotels in the immediate vicinity. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-5 Conditional Use Permit No. 2016 -31 September 12, 2016 Page 4 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 206, which ranks 7�h out of 102 Citywide Districts in total number of police- related incidents. This puts the restaurant in an area of the City considered above average in police - related incidents. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential impacts to the surrounding community. Moreover, the proposed conditional use permit will also be consistent with similar ABC licenses for restaurants in the area. Therefore, the Santa Ana Police Department does not oppose the granting of a CUP to these businesses. Public Notification The project is located within the boundary of the Saddleback View Neighborhood Association and Is located adjacent to the Lyon Street Neighborhood Association. Staff contacted both neighborhood associations to ensure that they were notified of this project and to identify any areas of concern. The neighborhood representatives had no further comments regarding the proposed CUP at the time the staff report was prepared. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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, wine, and spirits at a full - service restaurant within an existing structure. It has been found by the City's development review agencies that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016 -90 will be filed for this project. 31A-6 Conditional Use Permit No. 2016 -31 September 12, 2016 Page 5 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -31. Ivan 0rozco t Assistant Planner I IO:jm Io4Planning Commission \1502 P First Street=P1631 Tierra Blanca Type 47.pc Attachments: Exhibit 1 -- Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Safe Establishments 31A-7 o M2 G i 50 -21 NI R1 NI R3 R7 0.R 4 o aR Sax P M2at Ri I rt Rl Rl MN at G M2, z M2 ,MI �_, . 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WCOMMBi7AUMMMD[W4CT MO MIUTAWOPWAMON9 M SUBUF@ANAM MWIS 02 GEdB+ALOMMBUAL 0 OPEN DACE FE RBUENRALE+TATE m OMlAIILHJ9NM P PRJP}MOML q) 9MFICOEV9.CPMB4T 01A UN MLBJ9NES&AW9MLAGt F7] IUNNI )C MUNIWDEVEOWM 9R m9cpIAN G PLANtJ®9WPRNGGBJT6e PFD FLANNm%SD9WALDBhECPMB 05 ARTERALCCMMBdUAL CUP 2016 -31 -ABC TIERRA BLANCA ABC 1502 EAST FIRST STREET - — =5W FffT 1000 FET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 HH U R C I _ w_ 3RD STREET v I CL :. > z ESI ENCE >- J � (1 w '� W y (1 10 > 2ND STREET w wW io M E R C L 1ST STREET wprm S T T E Ln affl m M M R C A L COMM. �G `2 G fi S C H O O L C H U R C H CHU CW .F. . " 1 • A A TIERRA BLANCA ABC �1 •' 1502 EAST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 Storage ' 1 1 o i Irr IF III x v. 1 h 1 i Y_1 � 1 1 - r ,j t , F t .. ! 1 . I )I Et FIRST FLOOR PLAN I� M SrAm M`3 do W, I EXHIBIT 5 31A-12 a w l4ttkw.sssx , C..nnsUaa 0 Sec. 41.196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions In the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1, The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41, 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7, During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and/or Intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -13 The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free', "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music; karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A -14 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3 of 4 31A-15 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. if the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31A -16 LS 9.12.18 `I�7��jrCl7i•��£lI►liTi[:�:�:1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -31 TO ALLOW THE ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES AT TIERRA BLANCA RESTAURANT LOCATED AT 1502 EAST FIRST STREET 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 -31 to upgrade an existing on- premise Alcoholic Beverage Control (ABC) license for the property located at 1502 East First Street, B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer, wine and distilled spirits that is ancillary to the primary restaurant use. C. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -31. 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 -31 to allow for the on- premise 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 the community. The proposed on- premise ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of 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. 2616 -XX Page 1 of 4 31A -17 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed on- premise ABC license for the on -sale consumption of beer, wine and distilled spirits at this location 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. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises, All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed on- premise ABC license will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow Tierra Blanca Restaurant, a small business, to remain economically viable and contributes to the overall success of the East First Street Corridor. 4. That the proposed use shall 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 operation standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41- 196(c). Operation 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. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly Resolution No. 2016 -XX Page 2 of 4 31A -18 ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5 %) percent of the gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed ABC license will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with and supporting of surrounding land uses. Tierra Blanca Restaurant is 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 (CEQA) the recommended action is exempt from CEQA 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, wine, and spirits at a full- service restaurant within an existing structure. It has been found by the City's development review agencies that the use will not create any adverse Impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016 -90 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, Resolution No. 2016 -XX 31A -19 Page 3 of 4 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 -31. 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 September 12, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of September, 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson 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 -XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 12, 2016. Date: Acting Recording Secretary City of Santa Ana 31A-20 Resolution No. 2016 -XX Pace 4 of 4