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HomeMy WebLinkAbout31D - CUP - 3317 S BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-39 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION FOR PIZZA HUT RESTAURANT LOCATED AT 3317 SOUTH BRISTOL STREET - ALICIA MALDONADO, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r0=i001 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�t Reading ❑ Ordinance on 2"a Reading Cl Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-39. PLANNING COMMISSION ACTION At its regular meeting on November 28, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-39 which approved the sale of alcoholic beverages for on -premise consumption at the Pizza Hut restaurant located at 3317 South Bristol Street located in the Community Commercial (C-1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Pizza Hut restaurant will allow the on -premise sale of alcoholic beverages to its patrons and remain competitive with similar establishments in the area. Pizza Hut is an American chain restaurant well known for its pizzas and pastas and offers a family friendly environment. The existing restaurant facility is currently surrounded by residential and commercial land uses. At this time with no tenant improvements, the restaurant will be able to host a maximum occupancy of 104 patrons. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 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). 31 D-1 Conditional Use Permit No. 2016-39 — Pizza Hut Restaurant Alcoholic Beverages at 3317 South Bristol Street December 20, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ?16a! ssan Hagg ani, A IICP Executive Director Planning & Building Agency EM:rb M:\Projects\CUP16-39 Pizza Hut= Exhibit: A. Planning Commission Staff Report 31 D-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: PUBLIC HEARING — FILED BY ALICIA MALDONADO FOR CONDITIONAL USE PERMIT NO. 2016-39 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION FOR PIZZA HUT RESTAURANT LOCATED AT 3317 SOUTH BRISTOL STREET (STRATEGIC PLAN NO. 3, 2) Prepared by Escarlet Mar Executive Director RECOMMENDED ACTION 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. 2016-39. Request of Applicant Alicia Maldonado, representing Pizza Hut Restaurant, permit (CUP) to allow the sale of alcoholic beverages eating establishment located at 3317 South Bristol beverages require approval of a CUP pursuant to S Code (SAMC). Project Location and Site Description Planning Manager --�— is requesting approval of a conditional use for on -premise consumption at an existing Street. Establishments that sell alcoholic ection 41-196 of the Santa Ana Municipal The subject site is a 12.07 -acre parcel of land located on the east side of Bristol Street north of MacArthur Boulevard. The property contains approximately 73,300 square feet of leasable area within an existing commercial center and has a total of 659 parking spaces. 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 rtation corridors and provide TrnporCant rrelghborhoodaciiities and services, such as this restaurant. The project is consistent with the General Plan land use designation. The site is located within the Community Commercial (C1) zoning district. The C1 zoning district allows for commercial uses such as restaurants and retail. The proposed project is consistent with the zoning for the site. Surrounding land uses include a mixture of residential to the east, and commercial to the north, south and west (Exhibits 1, 2 and 3). EXHIBIT A 31 D-3 Conditional Use Permit No. 2016-39 November 28, 2016 Page 2 Project Description Pizza Hut is requesting approval of a CUP to allow the on -premise sale of alcoholic beverages to patrons of the restaurant. This request would allow the restaurant to remain competitive with similar establishments and meet customer demands all year round. 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 front of the restaurant within the enclosed kitchen area and will consist of less than five percent of the floor area (Exhibits 4 and 5). The restaurant's hours of operation are Sunday to Thursday from 11:00 a.m. to 11:00 p.m. and Friday and Saturday from 11:00 a.m. to midnight No extension of business hours is proposed as part of this project. Project Background The subject site, Bristol Plaza, is located in the southwestern section of Santa Ana. The development where the restaurant is located was built in 1972 and hosts a variety of retail and eating establishment uses. Currently, the commercial center consists of 15 tenants, Pizza Hut being one of them. The proposed addition of beer and wine to the existing eating establishment is Intended to allow Pizza Hut the ability to compete with other restaurants in the area that offer similar services. Pizza Hut is an American chain restaurant well known for Its pizzas and pastas, The restaurant is family friendly and welcomes all age groups offering made-to-order pizzas and pastas for its clients. Pizza Hut intends to provide an exceptional dining experience with its fresh ingredients and great customer service to its City residents. With no tenant improvements and expansion proposed at this time, the restaurant will have a maximum occupancy of 104 patrons. Project Analysis 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 obtain the on -sale beer and wine license. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. 31 D-4 Conditional Use Permit No. 2016-39 November 28, 2016 Page 3 The proposed ABC license will not be detrimental to the health, safety, and welfare of the community. Pizza Hut 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 dining opportunity for visitors and residents in the community. The proposed CUP will be in compliance with all regulations, including alcohol storage and display area, standards as set forth in Section 41-196(c) 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. Pizza Hut proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the City. 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. 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 the 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 makin its-recommendatlon. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 150, which ranks 40th out of 102 Citywide Districts in total number of police -related incidents. This puts the restaurant in an area of the City considered below 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 this business. 31 D-5 Conditional Use Permit No. 2016-39 November 284, 2016 Page 4 Public Notification The project is located within the boundary of the South Coast Neighborhood Association, Staff contacted the president of the neighborhood association to ensure that they were notified of this project and to identify any areas of concern. The neighborhood representative had no 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 and wine 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 complementary 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. 2016-127 will be filed for this project. Strategic Pian 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. 2016-39, Escarlet Mar Planning Technician EM:jm MAProjects\CUP16-39 Pizza Hut. 112816.pc 31 D-6 Conditional Use Permit No. 2016-39 November 28, 2016 Page 5 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 -Sale Establishments 31 D-7 Al GE4B LAC#NOILT JML} OR CCMM970ALRESM IWL m SNC EFAMILY�DFiJiIAL .D RWVNGMODIMCAMON CL GOVVB M9YT03MTEi w TAOFAMILYRRIOMM r,W CCMMMAL9XJTHMAIN Mi UGITINDUSFML w MULTIREUFNBWMULRFLE Gi COMMUNIIYOCMMEWAL M2 HEAVYINDU9IFMAL FAMILYODRCE CI.MD CCMM.00MMF AUMUS:UM DISidCf MO MIUTAWOPEPA KS m 91&I NAPARfM8 C2 CEtlGiALIXMMUML O OPEN FACE FE FMDMAL6T E m C9YTPMU9NF-3 P RCFESONAL ED S�MFlCDEVE.owM f1A1.'IN®CyWMUNllyMROfW JT ........ T a�DFlCRAN C4 FLANNOD 1OMNCCEfM m RANN®FE30 MAL0699FMHJT a ARMS ALCO.MMSUAL CUP 2416-39 ?i PIZZA HUT ON -SAME ABC. 3317 SOUTH BRISTOL STREET - 500 FEET T'-1000 FEE P L A N N I NG A N D 8 U I L D I N G _ A G EN G Y EXHIBIT 1 VICINITY MAP 31 D-8 ALTON MACARTHUR C O M M E R C I A L E— w Lu cc I— Ln AVENUE C O M M E R C I A L C O M M E R C I A L C 0 M M . BOULEVARD FcM U L T I OM M. F A M I L Y o R E S I D E N C E CUP 2016-39 PIZZA HUT ON -SALE ABC 9I' 3317 SOUTH BRISTOL STREET P L A N N N G A N 0 B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 D-9 CUP 2016-39 PIZZA HUT ON -SALE ABC 3317 SOUTH BRISTOL STREET SITE PHOTO EXHIBIT 3 31 D-10 (��a 3P7 �QQ 4 H I P WHIP � N •oma anHl.adww T`\ % t ll�l It'll 1 O ! 1 „ro �• a ,vd>rrnml A Irk sur,r v '' O t{ IIJ,1115' � r Q l� WiNV �PIIA! x ixl a �v 1.411,41 q O i ; yr ©. F 97. r � g FIOI SV rY IY _ „ 1 srooeuw3 smroumuaivs O � I ! (} Y PVI ,/'s^p ❑ '.. 3nV N011V m EXHIBIT 4 EXHIBIT 5 �n o �W J�N �O S ... �_.�{.f...... x Z J a wI mggk Lu d ®� W V S fdlejC h Q 0 V to EXHIBIT 5 �n o x � 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 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. 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 31 D-13 9. 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 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 31D-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. f. Procedures for calling the police regarding observed or reported criminal g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 D-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 31 D-16 LS 11.28.16 RESOLUTION NO. 2016-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-39 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT PIZZA HUT RESTAURANT LOCATED AT 3317 SOUTH BRISTOL 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. 2016-39 to allow the sale of alcoholic beverages for on -premise consumption for the property located at 3317 South Bristol 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 alcoholic beverages that is ancillary to the primary restaurant use. C. On November 14, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-39. At applicant's request, the Planning Commission continued Conditional Use Permit No. 2016-39 to November 28, 2016. 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. 2016-39 to allow for sale of alcoholic beverages for on -premise consumption: 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 sale of alcoholic beverage for on -premise consumption at this location 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 Resolution No. 2016-44 Page 1 of 4 31 D-17 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 sale of alcoholic beverage for on -premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards applicable 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. 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 nearby restaurants that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Pizza Hut, a chain restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall 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 alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide 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 (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. Resolution No. 2016-44 Page 2 of 4 31 D-18 The proposed sale of alcoholic beverage for on -premise consumption at this location 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 their menus offers additional dining options for Santa Ana residents and visitors. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Pizza Hut will be located in a commercial area and its operation 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 alcoholic beverages 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. 2016-127 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. 2016-39. 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 November 14, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference; the Request for Planning Commission Action dated November 28, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016-44 Page 3 of 4 31 D-19 ADOPTED this 281h day of November, 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 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. 2016-44 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2016. Date: Acting Recording Secretary City of Santa Ana 31 D-20 Resolution No. 2016-44 Page 4 of 4