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HomeMy WebLinkAbout31E - CUP - 2791 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-40 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT 2791 NORTH MAIN STREET - TERRY WOMACK, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 4) CITY MALNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For �10Y1111111Li�, FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-40. 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. 2016-40 which approved the sale of alcoholic beverages for on -premise consumption at an eating establishment, Olive Garden restaurant, at 2791 North Main Street located in the Specific Development No. 59 (SD -59) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Terry Womack, representing Olive Garden restaurant, is requesting approval of a conditional use permit to allow the on -premise sale and consumption of alcoholic beverages as part of the eating establishment's operations. The restaurant will be maintained as a full-service, sit-down eating establishment with outdoor dining area. The eating establishment will have all necessary kitchen equipment to be considered for an on -premise alcohol beverage control license. The on -premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday and Saturday. The storage area for alcoholic beverages will be located in a walk-in cooler, behind the service counter, and in display cases in the dining area. The alcohol storage and display area will total three percent of the gross floor area of the tenant space, which is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 E-1 CUP No. 2016-20 — Olive Garden Alcoholic Beverages at 2791 North Main Street December 20, 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), and Objective #4 (continue to pursue objectives that shape Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. assan HagVani, MCP Executive Director Planning & Building Agency RS:rb WReporMCUP 2016-40\CUP No. 2016-40, Olive Garden ABC License.cc Exhibit: A. Planning Commission Staff Report 31 E-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 28, 2016 TITLE PUBLIC HEARING — FILED BY TERRY WOMACK FOR CONDITIONAL USE PERMIT NO. 2016-40 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT 2791 NORTH MAIN STREET (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ricardo Soto Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO RECOMMENDED ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016-40. Request of Applicant Planning Manager Terry Womack, representing Olive Garden, is requesting approval of a conditional use permit (CUP) to allow the on -premise sale and consumption of alcoholic beverages at 2791 North Main Street. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The subject site is located on a 6,1 acre parcel that is part of a 15.18 -acre mixed-use development commonly known as City Place. The site is located at the northeast corner of Main Street and East Memory Lane, across from MainPlace Mall, and is currently developed with a mixture of commercial, residential, and live -work units. The site is surrounded by office and commercial uses to the south, north and west, and residential uses to the east. Olive Garden is proposing to locate and sell alcoholic beverages for on -premise consumption within a vacant tenant space that was previously occupied by McCormick & Schmick's restaurant. The General Plan land use designation for the site is District Center (DC). District Center 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 Specific Development No. 59 (SD -59) zoning district. The SD -59 zoning district allows for retail and service commercial uses such as restaurants. The proposed project is consistent with the zoning for the site (Exhibits 1, 2 and 3). EXHIBIT A 31 E-3 Conditional Use Permit No. 2016-40 November 28, 2016 Page 2 Project Description Olive Garden is requesting approval of a CUP to allow the on -premise sale and consumption of alcoholic beverages. The establishment will be maintained as a full-service, sit-down eating establishment with an outdoor dining area; The restaurant will have all necessary equipment to be considered for an on -premise ABC license. The outdoor dining area is proposed to have seating for approximately 60 patrons and be enclosed with a 36 -inch high fence that is in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The alcohol sales component is intended to provide a service ancillary to the primary .restaurant use. The proposed hours of operation are Sunday through Thursday from 11:00 a.m. to 10x0'Q p.m. and Friday and Saturday from 11:00 a.m. to 11:00 p,m. After-hours operation is not being proposed' as part of this request. The alcoholic beverages will be stored within a walk-in cooler at the rear of the restaurant, behind the service counter; and will be stored and displayed on shelves located in the dining area. The combined storage and display area will be approximately three percent of the total restaurant floor area. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross flood' area of the restaurant (Exhibits 4 and 5). Prolect Background Olive Garden is a casual -dining restaurant chain specializing In Italian -American cuisine that operates over 800 locations globally. Olive Garden restaurant will occupy an existing tenant space that was previously occupied by McCormick & Schmick's. A CUP for an ABC license was previously approved for this location in 2006. However, due to McCormick & Schmick's closing, the sale of alcoholic beverages has ceased for more than a one year period, declaring the previous CUP void. As such, there is no conditional use permit to ailow the on -premise sale of alcoholic beverages at the tenant space. Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC and maybe 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 CUP. 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. 31 E-4 Conditional Use Permit No. 2016-40 November 28, 2016 Page 3 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 for a CUP to allow the on -premise sale and consumption of alcoholic beverages. 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. Olive Garden is an established restaurant chain with no history of disciplinary action in the City. The eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area by occupying a commercial tenant space along a major gateway into the City that has been vacant for numerous years and create an attractive destination 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(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 -premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with Goal 2 of the Land Use Element of the General Plan, 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. Olive Garden proposes to provide an additional amenity as part of the restaurant's operations, to serve guests and residents of the City, similar to the other restaurants in the immediate vicinity. Police Department Analysis As part of the review process for all CUPs, the Police Department has reviewed Olive Garden's application in order to ensure that the potential crime and nuisance behaviors associated with. alcohol consumption and alcohol sales are mitigated to the greatest extent possible. The Police Department analyzed the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also 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's ABC and Business and Professions Code, should the Police Department 31 E-5 Conditional Use Permit No. 2016-40 November 28, 2016 Page 4 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. This business address is located in Reporting District No. 181, which ranks 100 out of 1.02 citywide districts in total number of police -related incidents. This reporting district Is one of the lowest in reported incidents and is not 20 percent higher than the average number of reported crimes in all reporting districts, in addition, the Police Department contends that the: operational standards applicable to on -premise ABC licenses will mitigate any potential negative impacts to the surrounding community. As a result, the Police Department does not oppose granting this applicant's request. Public Notification The project site is not located within the boundary of an established neighborhood association. However, the site is adjacent to the Park Santiago Neighborhood Association. Staff notified the representative of the neighborhood, who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and notices were mailed to all property owners and occupants within 500 feet of the project site. At the time of printing this report, no correspondence, either written or electronic, had been received from any member of the public. 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 affect 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 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, General Rule Exemption/Environmental Review No. 2016-142 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No, 4 (continue to pursue objectives that shape Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). 31 E-6 Conditional Use Permit No. 2016-40 November 28, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No, 2016-40. Rio r o Soto Associate Planner RS: ]m MARepods\CUP 2016.401CUP No. 2010.40. Clive Garden ABC.Gcensa.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 -Sale Establishments 31 E-7 AI GENERALAGRICULll1ML A PARKING MODIFICATION Cl COMMUNITY COMMERCIAL CLMIT COMMUNITYCOMMERCIAI-•MU5EUM DIMPICI' C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS DTA CENTRA. BUSINESS ARTISTS -VILLAGE C4 PLANNED SWNJPPINGCENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C i Y Y o f P I a n g e C -SM SOVTI'I MARK STREET COMMERCIAL DISTRICC A' FLOW AREA RATIO GC GOW RNMENT CP.NTER Mi LIGHT INDUSTRIAL M2 IIEAVYINDI15TAIAI. MO MILITARY OPERATIONS 0 OPEN SPACE •OZ OVFf{LAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PIANNEDDEVELOPMENT PRD PIAPINEDRESIDENTIALDEVELOPMENT IN SINGLE-FAMILY RESIDENCE R2 TWO-FAMILYREMOrNCE AT MULTIPLE-FANPLY' RESIDENCE R4 SOEURRAN APARTMENT Rli RESIDENTIAL ESTATE 50 SPECIFIC DEVILL OPMENT SP SPECIFICPLAI CUP 2016-40 k OLIVE GARDEN ON -SALE ABC _ _eoDFeEr V=10� 2791 NORTH MAIN 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 VICINITY MAP EXHIBIT 1 31 E-8 L 0 FIT M E 9 C I A L OFFICE AND Z PARKING 0 COMMERCIAL STRUCTURE N A NG F, GIT V ILI WT 5 S AN T A AN A CIT V LIMIT 5 LIVE WORIKUNITS 4,,. CONDO' SENIOR dop, KANCTlt LANr CARE FACILITY CONDOS OFFlCE NG.'a PARK MAIN PL. DR. MEMORY SANTIAGO K OFFICE OFFICE G 0 ti PARI( AND 5 FN SANTIAGO "N < RESTAURANT PARKING STRUCTURE /�i CUP 2016-40 A\ OLIVE GARDEN ON -SALE ABC 119V 2791 NORTH MAIN STREET P L A N N I N G A N D B J I L 0 1 N G A G f N C Y LAND USE MAP EXHIBIT 2 31 E-9 CUP 2015-40 OLIVE GARDEN ON -SALE ABC 2791 NORTH MAIN STREET SITE PHOTO EXHIBIT 3 31 E-10 \\2Jƒ|/2»§/ ƒI999®& !# j§q\\\\\ /\ z _e /.� ._ __,� � - _ 11MIS N¥W .�- EXHIBIT& 31E.11 i, Ul I I K Lti, /I ID I.PRN IN, 7`7wrr 41- 7 ca 53 il i7 M ,io � I CL gig �4: i. --LL-, w u J— I I K Lti, /I ID I.PRN IN, 7`7wrr 41- 7 ca 53 il i7 M ,io � I I MiNhol it h RM . . ......... . . EXHIBIT 5 31 E-12 CL i. I MiNhol it h RM . . ......... . . EXHIBIT 5 31 E-12 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. 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. 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 E-13 g. 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..." orsimilar 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 inSAMC 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 fitter 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 31E-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. 2& Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article ll, 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 activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 E-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 E-16 LS 11.28.16 RESOLUTION NO. 2016-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-40 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION AT OLIVE GARDEN RESTAURANT LOCATED AT 2791 NORTH MAIN 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. 2016-40 to allow an Alcoholic Beverage Control (ABC) license for the property located at 2791 North Main Street. 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 November 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-40. 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. 2016-40 to allow for 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 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. 2016-45 Page 1 of 4 31 E-17 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 on -premise ABC license for the on -sale consumption of alcoholic beverages 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 sales will be ancillary to the main use. 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 building and in the outdoor dining area. 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 destination for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow Olive Garden to remain economically viable and contribute to the overall success of City Place and the Main Street corridor. 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, including alcohol storage and display area set forth in Section 41-196(c). 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. The facility will be maintained as a full-service, bona -fide eating establishment, having suitable kitchen facilities and supplying Resolution No. 2016-45 Page 2 of 4 31 E-18 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 of the city or any specific plan applicable to the area of the proposed use. The proposed ABC license will not adversely affect the General Plan. Restaurants that offer alcoholic beverages as an ancillary amenity are permitted within the District Center (DC) 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. Olive Garden 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 alcoholic beverages at a full-service restaurant within an existing structure. No expansion of square footage or physical land disturbance are proposed as part of this project. General Rule Exemption/Environmental Review No. 2016-142 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. Resolution No. 2016-45 Page 3 of 4 31 E-19 Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-40 and incorporated herein for the project located at 2791 North Main Street. 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 28, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of November, 2016. AYES: Commissioners: Alderete, Bacerra, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Bauer, Gartner, McLoughlin, Mendoza, Lynnette Verino Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-45 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 E-20 Resolution No. 2016-45 Page 4 of 4