HomeMy WebLinkAboutRESO 2017-04_315 W17THRESOLUTION NO. 2017-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2005-29 AS
CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES FOR ON -PREMISE CONSUMPTION AT EL
CALAMAR RESTAURANT LOCATED AT 315 WEST
SEVENTEENTH 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. Joseph Rodriguez ("Applicant"), representing EI Calamar Restaurant, is
requesting approval of modification to Conditional Use Permit No. 2005-29
to allow the sale of alcoholic beverages for on -premise consumption for the
property located at 315 West Seventeenth 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 February 27, 2017, the Planning Commission held a duly noticed
public hearing on modification to Conditional Use Permit No. 2005-29.
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 modification to Conditional Use Permit No. 2005-29
to allow the sale of alcoholic beverages for on -premise consumption:
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 sale of alcoholic beverages 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 meal.
This will thereby benefit the community by providing a
restaurant with an additional and complementary 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. 2017-04
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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 sale of alcoholic beverage for on -premise
consumption at this location will not be detrimental to
persons residing or working in the vicinity because
conditions of approval and operational standards applicable
to the alcoholic beverage control license will address any
potential negative or adverse impacts create 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 offer a full
selection of alcoholic beverages for sale to their customers.
Moreover, the offering of alcoholic beverages will allow EI
Calamar restaurant to remain economically viable and
compete with nearby full-service restaurants in the local
vicinity and contributes to the overall success of the City of
Santa Ana.
4. That the proposed use will 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 SAMC. The facility will be maintained as a
full-service, bona -fide eating establishment, having suitable
kitchen facilities and supplying an assortment of foods.
Additionally, the restaurant will utilize less than five (5%)
percent of the gross floor area for display and storage of
alcoholic beverages, which is the maximum threshold
established by the SAMC.
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.
It
Resolution No. 2017-04
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The proposed sale of alcoholic beverages 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 provide
alcoholic beverages as part of their menu 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. EI Calamar is located in a
ommemial—area— and—its--eper-ation—is eompatibte 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. 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 and that no expansion of square footage is proposed.
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 modification to Conditional Use Permit No. 2005-29
as conditioned in Exhibit "A" attached hereto and incorporated herein for the project
located at 315 West Seventeenth 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 February 27, 2017, and exhibits attached
thereto; and the public testimony, written and oral, all of which are incorporated herein
by this reference.
Resolution No. 2017-04
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ADOPTED this 27" day of February, 2017.
AYES: Commissioners: ALDERETE BACERRA, CONTRERAS-LEO
McLOUGHLIN MENDOZA, NGUYEN, VERINO
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
V. v/r-s-
L nette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Z W z
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017-04 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 27, 2017.
Date: al02%�l� Aak&La
Commission Secretary
City of Santa Ana
Resolution No. 2017-04
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EXHIBIT A
Conditions for Approval for Modification to Conditional Use Permit No. 2005-29
Modification to Conditional Use Permit No. 2005-29 for a restaurant located at 315 West
Seventeenth Street is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The sales, service, and consumption of alcoholic beverages shall be permitted in
accordance to the operational standards for on -sale establishments pursuant to
Section 41-196(g) of the SAMC.
2. There shall be no amplified sound used outside the building.
3. All activities shall be conducted inside the building. In the event the applicant wishes to
provide outdoor dining, the applicant shall submit plans to the Planning Division for
review after which the Planning Manager will determine if administrative relief is
available or if the project must be reviewed by the Planning Commission to properly
consider safety, health, and use adjacency issues.
4. Any and all existing or new lighting on the building's exterior must be maintained in
good working order. All new exterior lighting shall be directed towards the restaurant
and/or sidewalk and not towards other properties.
5. The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking
stalls shall be double striped and shall not be less than eight (8) feet six (6) inches wide
and eighteen (18) feet long.
6. The existing trash enclosure shall be refurbished to include the installation of a new
roof -cover that meets the current standard in place by the Planning and Building and
Public Works agencies.
7. Remove unpermitted roof decorative lights along front and west elevations and remove
all unpermitted window signage.
8. Condition No. 5, No 6, and No. 7 shall be addressed prior to the release of this
resolution. Once the conditions have been addressed, contact the case planner to
schedule an inspection. The case planner will verify that all conditions have been met
and will release the resolution to the applicant.
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