HomeMy WebLinkAboutRESO 2016-45_2791 N Main St (Olive Garden ABC)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. 201645
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2. That the proposed use will not, under the circumstances of the
particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity.
The proposed 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.
A
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
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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
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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 28' day of November, 2016.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza,
Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
L P'NM Ld L�
Lybhette 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. 2016-45 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 28, 2016.
Date:
/a F//� C�,� �c
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-45
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