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Home My WebLink About31A - CUP - 515 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -01 FOR AFTER HOURS OPERATION UNTIL 2:00 A.M., CONDITIONAL USE PERMIT NO. 2017 -04 FOR AN ABC LICENSE AND CONDITIONAL USE PERMIT NO. 2017 -05 TO ALLOW A BANQUET USE AT THE MCFADDEN PUBLIC MARKET RESTAURANT LOCATED AT 515 NORTH MAIN STREET - PHILLIP KWAN, APPLICANT (STRATEGIC PLAN NO. 31 2, 4) CITY M AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -01 as conditioned, Conditional Use Permit No. 2017 -04 as conditioned and Conditional Use Permit No. 2017 -05 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on March 13, 2017, by a vote of 6:0 (Mendoza absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -01 as conditioned to allow after -hours operation until 2:00 a.m., Conditional Use Permit No. 2017 -04 as conditioned to allow an on- premise Alcoholic Beverage Control license, and Conditional Use Permit No. 2017 -05 as conditioned to allow a banquet use at the McFadden Public Market restaurant at 515 North Main Street located in the Transit Zoning Code /Specific Development 84 (SD -84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The owners of the McFadden Public Market propose to establish a multi -stall food hall within a vacant building with an outdoor patio at the rear of the structure. Seating, food service and arcade games are proposed on both floors. The kitchen and food preparation areas will be located on the ground floor, with bathroom facilities provided on both levels. The conditional use permits will allow the facility to open at 6:00 a.m. and close at 2:00 a.m., a Type 47 (on- premise) ABC license, and the ability to offer banquet space for private parties for individuals who rent all or part of the facility. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP Nos. 2017 -01, 2017 -04 & 2017 -05 — McFadden Public Market at 515 North Main Street April 4, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #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 downtown Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AICP Executive Director Planning & Building Agency HS:rb Hs./ /MCFaddenPubl!cMarket/CUP -17 -01 McFaddenPublicMarket.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST O. PLANNING COMMISSION MEETING DATE: MARCH 13, 2017 TITLE: 1. {. • • 1.. t� ��. STREET (STRATEGIC PLAN NO. 3, 2) Prepared by Hally Soboleske _ gcutivq hector 111112 "Al • APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO gg- Adopt a resolution approving Conditional Use Permit No. 2017 -01 as conditioned to allow after - hours operation. 2. Adopt a resolution approving Conditional Use Permit No. 2017 -04 as conditioned to allow an on- premise ABC license. 3. Adopt a resolution approving Conditional Use Permit No. 2017 -05 as conditioned to allow a banquet use. Executive Summary Phillip Kwan, representing the McFadden Public Market, is requesting approval of Conditional Use Permit (CUP) No. 2017 -01 to allow after -hours operations at a new restaurant to be located at 515 North Main Street. The applicant also requests approval of CUP No. 2017 -04 to allow the on- premise consumption of beer, wine, and distilled spirits and CUP No. 2017 -05 to allow the site to operate a banquet use (Exhibits 1, 2, and 3). Item Information Project Address 515 North Main Street Nearest Intersection Santa Ana Boulevard and Main Street General Plan Designation District Center (DC) Zoning Designation Specific Devela meet 84 (Downtown) Surrounding Land Uses North Office East Commercial Parking South Commercial Gym West Office EXI-I Ik% —J CUP Nos, 2017 -01, 2017 -04 & 2017 -05 March 13, 2017 Page 2 (terra ;...• . � ,� .... In #orinaio`n _ °' Pro ert Size 6,251 s . ft. Hours of Operation Existing Site Development The site is developed with a 10,000 sq uare -foot building. Use Permissions Restaurant use is allowed by right; alcohol sales is allowed with a conditional use permit CUP Zoning Code Sections Affected Alcohol sales Uses Section 41 -196 SAMC O eratianal Standards Section 41 -196 (g) SAMC On- premise alcohol sales and ban uet facilit Uses Section 41 -2007 Table 2A SAMC Banquet facility _ Operational Standards Section 41 -199.1 The McFadden Public Market proposes to occupy the entire building as a food hall with multiple food stalls within the building, as well as an outdoor patio to the rear of the structure. Bar seating, food service, and arcade games are proposed on both floors, along with dining tables and seating nooks. The kitchen and food preparation facilities will be located on the main floor with bathroom facilities located on both the first and second floors (Exhibit 4). It is possible that in the future, the food stalls may be rented out to individuals or other small food operators. Storage will be mainly provided on the first floor near the kitchen area. Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a CUP for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The McFadden Public Market proposes to operate from 6:00 a.m. to 2:00 a.m. and will serve breakfast, lunch, and dinner. The applicant is also requesting an on- premise Alcoholic Beverage Control (ABC) license, This food hall restaurant and bar facility will complement the 1980's gaming arcade that was approved via separate CUP in April 2014. Finally, SAMC Section 41 -2007 (Table 2A) requires a CUP for banquet uses. In addition to its normal operations, the McFadden Public Market also intends to host private parties for individuals who rent all or part of the facility. Table 2: Operational Standards Standards Required by SAMC Proposed Eating Establishment T e Bona -Fide Bona -Fide Hours of Operation 7:00 am to 12:00 am 6:00 am to 2:00 am Window Display 25% of Window Coverage Less than allowable coverage Live Entertainment Entertainment Permit Permit renewed on 10/18/16 Alcohol Storage and Displa 5% of G.F.A 2 % of G.F.A Exterior Tele hone Prohibited None Parkin Re uired None None 31A-4 CUP Nos. 2017 -01, 2017 -04 & 2017 -05 March 13, 2017 Page 3 Since its construction in 1919, the McFadden Public Market has contained a variety of land uses including restaurants, retail, and an open market place such as the Grand Central Market. The building was remodeled in 1930, then damaged and repaired due to the 1933 earthquake. In 1984, it was designated to the National Register of Historic Places as a contributor to the Downtown Historic District. The property is designated to the Santa Ana Register of Historical Properties and is significant for its Spanish Colonial Revival style of architecture and its association with Robert and James McFadden, brothers, farmers, landowners, lumber yard owners, and entrepreneurs. In 2011, the previous tenant, The Karmina Restaurant, obtained entitlements for an ABC license, after -hours operation, and a banquet hall. Karmina operated until 2015, when the entitlements expired before the McFadden Public Market could open, In 2015, the applicant obtained CUP No. 2016 -22 to allow an indoor recreation and entertainment use. Prolect 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. CUP No. 2017 -01: After -Hours Operation The proposed after -hours conditional use permit will allow the proposed restaurant to open for business at 6:00 a.m. and remain open until 2:00 a.m. The McFadden Public Market is located in Downtown Santa Ana surrounded by offices, retail stores, and similar full service restaurants. Conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after -hours operations, These operating hours are consistent with other eating establishments in the Downtown area and will enhance the area's overall economic stability by providing another food related amenity and entertainment facility allowed by the Transit Zoning Code (SD84). For these reasons, staff is supportive of the applicant's request to allow after -hours operations. CUP No, 2017 -04: ABC License Conditional use permit requests may be granted when it can be shown that the proposed ABC license will provide a service or facility which will contribute to the general well -being of the neighborhood or community; that the proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; that the proposed ABC license will not adversely affect the present economic stability or future economic development of 31A-5 CUP Nos. 2017 -01, 2017 -04 & 2017 -05 March 13, 2017 Page 4 properties surrounding the area; that the proposed license will comply with the regulations and conditions specified in Chapter 41; and that the proposed license will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. The closest public facility is the Orange County Nigh School for the Arts, which is approximately 1,625 feet away, and the closest residential property is 492 feet away. As a result, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. Police Deoartment Analysis The Santa Ana Police Department (SAPD) 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 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 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 subject business is located in Census Tract 750.02 where there are currently 38 active on- sale ABC licenses and 8 active off -sale ABC licenses. It is also located in Police Grid 185 which ranks 8th out of 102 police reporting grids placing it in the 7th percentile, well within the highest 20% for reported police activity. The SAPID has reviewed the proposed application, and has no objection to granting this CUP to granting a Type 47 ABC license at the McFadden Public Market Restaurant. CUP No. 2017 -05: Banquet Use The McFadden Public Market also proposes to operate an ancillary banquet facility, which would allow all or a portion of the restaurant to be closed to the general public for private events. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The allowance of a banquet facility in the McFadden Public 31A-6 CUP Nos. 2017 -01, 2017 -04 & 2017 -05 March 13, 2017 Page 5 Market will be consistent with other restaurants and will result in a facility that maintains a stronger economic viability due to the ability to host private events. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurants to compete with other nearby restaurants that also offer banquet facilities for special events and private parties. Moreover, the banquet use will allow the restaurants to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. All banquet activity will occur on- premise and located within a commercial corridor, and therefore, any potential noise impacts will be mitigated. Parking is accommodated on- street and in parking structures as required by the SD84 zone. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with a banquet facility will provide an additional dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed McFadden Public Market restaurant will be located in a commercial corridor and is compatible with surrounding land uses. ,, . WMEM » • CEQA,'Strategic Plan Alignment, and Public Notification & Coin, mul Outreach 'CEQA CEQA Type General Rule Section 15061 b 3 Reason(s) This exemption applies to projects where it can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. The proposed after -hours operation (6:00 a.m. to 2:00 a.m.) is consistent with other food establishments operating in the vicinity and augments the area's ability to remain economically viable. The project proposes to allow the operation of a Type 47 alcoholic beverage control license to sell beer, wine, and distilled spirits at a bona -fide restaurant. The project includes a banquet use which offers another food - related amenity to the Downtown core. The City has determined that the use will not create any adverse impacts such as noise, traffic, or safe concerns. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy(s) Development) Objective No. 2 of creating new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies. 31A-7 CUP Nos, 2017 -01, 2017 -04 & 2017 -05 March 13, 2017 Page 6 — Public Notification & Community Outreach Required Measures _ A public noticed was posted on the project site on March 2, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the _ project site on March 3, 2017. Newspaper posting was published in the Orange County Reporter on March 3, 2017. Additional Measures The project is not located within the boundaries of a Neighborhood Association, Conclusion The McFadden Public Market restaurant is a unique restaurant proposal with an indoor gaming arcade, setting it apart from other nearby restaurants. The conditional use permits will allow this restaurant to be competitive with similar establishments and become economically viable. Additionally, the on -site sale of alcohol to customers is intended to provide a service ancillary to the primary restaurant use. Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -01, Conditional Use Permit No. 2017 -04, and Conditional Use Permit No. 2017 -05, as conditioned. Hally Sol�,�leske Senior Planner HS:jm Hs: IlMcFeddenPubllcMarkeUCUP -17 -01 McFaddenPubkMarkel.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Floor Plans 31A-8 SEVENTEEM ST, \_I L _ I I L-j L----.1 as Gi i °T Cl et c1 a5TIP . "nl� - CG SR3 m sv EP CS o Ri _ RS R3 R3. 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C O M M E C I A L fp4 P Sit COMMERCIAL C 0 M M E R C I A L P 0 5 T O F F I C E BOULEVARD F- I- w w w w tt ¢ v~i O F F I C E vi STREET P A R K I N G O w x ¢ � a m � C 0 M M f R C I A L STREET C 0 M E JAIL FT CUP 2017 -01, 04, & 05 _ MCFADDEN PUBLIC MARKET � 515 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 LAND USE MAP EXHIBIT 2 31A -10 31A-12 � e`gi�u a t ua�xnln e n 5 91aaMl Ilx IOLi4YJ'NN Yll1Y9 L y' P . T r C �P LH a `rel x! lm ass.€ °g`s w Tt A UO .L tt�-If ,i a ib J UP-1 oos0000 ii ��• A \l�! � ll •n '.'f4�y �•, %•n- R^.r'"'Y�e.:S'^w'Y�L'w =.i �:TR'^:v Tai J C7 u r X� �� iLiiLi IE 11 u D w { ;r u r; -- ;51A-1;5 3.13.17 LS RESOLUTION NO. 2017 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -01, AS CONDITIONED, FOR AFTER HOURS OPERATION, CONDITIONAL USE PERMIT NO. 2017 -04, AS CONDITIONED, FOR AN ABC LICENSE, & CONDITIONAL USE PERMIT 2017 -05, AS CONDITIONED TO ALLOW A BANQUET USE, AT THE MCFADDEN PUBLIC MARKET RESTAURANT LOCATED AT 515 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. 2017 -01 for after -hours operation, Conditional Use Permit No. 2017 -04 to allow the sale of alcoholic beverages for on- premise consumption, and Conditional Use Permit No. 2017 -05 for a banquet use for the McFadden Public Market Restaurant on the property located at 515 North Main Street. B. Santa Ana Municipal Code Section 41 -2007 (Table 2A) requires approval of a conditional use permit for after -hours operation, alcoholic beverage sale or consumption, and banquet use. C. On March 13, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -01, Conditional Use Permit No. 2017 -04, and Conditional Use Permit No. 2017 -05. 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 Section 41 -638, have been established for Conditional Use Permit No. 2017 -01 to allow for after hours operation: Will the proposed use provide a service or facility which will contribute to the general well -being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight and before 7:00 a.m., thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other eating establishments in the downtown and offers customers another late night dining and food related retail Resolution No. 2017 -05 31A-14 Page 1 of 9 alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use 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 after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after -hours operation will not be detrimental to persons residing or working in the vicinity because standards and conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after -hours dining will occur within the premises and will not create adverse impacts. 3. Will the proposed use 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 after -hours meals to their patrons. Moreover, the late night hours allows the restaurants and food related retail to remain economically viable and contributes to the overall success of the City, helping decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after - hours operation will contribute to the success of Santa Ana by widening the time frame that food service and food related retail is available thereby encouraging customers to visit and stay longer in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on restaurants open after 12:00 midnight and before 7:00 a.m. pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that is open past midnight contributes to the economic success of the city as a shopping and dining destination. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed McFadden Public Market Resolution No. 2017 -05 31A-15 Page 2 of 9 Restaurant will be located in a commercial corridor and is compatible with surrounding land uses. E. 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 Section 41 -638, have been established for Conditional Use Permit No. 2017 -04 to allow for an ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well -being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. This will thereby benefit the community by providing restaurants with an additional and complementary food - related amenity. Standards and conditions have been placed on 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. 2. Will the proposed use 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 license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will primarily occur within the premises and is incidental to an established bona fide eating establishment. 3. Will the proposed use 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 restaurants to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the entire area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facilities have the kitchen facilities necessary to be considered bona fide restaurant uses and are eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurants will utilize less than five Resolution No. 2017 -05 31A-16 Page 3 of 9 (5 %) percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan, Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the McFadden Public Market proposes to offer a family friendly environment. Operation standards for the proposed ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed McFadden Public Market will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. F. 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 Section 41 -638, have been established for Conditional Use Permit No. 2017 -05 to allow a banquet use: 1. Will the proposed use provide a service or facility which will contribute to the general well -being of the neighborhood or the community? The proposed banquet facility will provide an ancillary service to the restaurants and their customers by providing a viable space to host special functions. This will benefit the community by providing the McFadden Public Market with an additional and complementary food - related amenity within the City. Conditions have been placed on the CUP that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use 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 banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide an ancillary service to the community, and will Resolution No. 2017 -05 31A-17 Page 4 of 9 occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use 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 restaurants to compete with other nearby restaurants that also offer banquet facility for special events and private parties. Moreover, the banquet use will allow the restaurants to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet hall. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied needs for goods and services. Restaurants that offer the potential for private parties and banquets provide an essential service for local patrons and regional visitors including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed McFadden Public Market will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from further review per Section 15061 (b)(3). This exemption allows the project to be exempt from CEQA 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. Categorical Exemption Environmental Review No. 2017 -01 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. 2017 -05 31A-18 Page 5 of 9 Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017 -01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2017 -04 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2017 -05 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 13, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 131h day of March, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: MENDOZA(1) ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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 -05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 13, 2017. Date: Commission Secretary City of Santa Ana Resolution No. 2017 -05 31A-19 Page 6 of 9 MARCH 13, 2017 PAGE 1 OF 1 Conditions for Approval for After -Hours Operation: Conditional Use Permit No. 2017 -01 to allow for after -hours operation 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 rip or 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 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. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 3. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 4. Sign permits (both permanent and temporary) are under separate submittal. 5. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2017 -05 31A-20 Page 7 of 9 MARCH 13, 2017 PAGE 1 OF 1 Conditions for Approval for ABC License: Conditional Use Permit No. 2017 -04 to allow the on- premise consumption and service of beer, wine, and distilled spirits 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 rip or 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 premises shall at all times be maintained as a full - service and /or food hall restaurant with an ancillary arcade. 2. No subletting tenant shall be allowed to serve alcohol. Resolution No. 2017 -05 31A-21 Page 8 of 9 MARCH 13, 2017 PAGE 1 OF 1 Conditions for Approval for Banquet Use: Conditional Use Permit No. 2017 -05 to allow a banquet use 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 rip or 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 premises shall at all times be maintained as a full - service and /or food hall restaurant with an ancillary banquet use. Resolution No. 2017 -05 31A-22 Page 9 of 9