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HomeMy WebLinkAboutRESO 2017-05_515NMain3.13.17 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: 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 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 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 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 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 4 Resolution No, 2017-05 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 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 13th day of March, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney MENDOZA (1) nette Verino Chairperson 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 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 belowrip 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 Page 7 of 9 MARCH 13, 2017 PAGE 1OF1 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 belowria 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 Page 8 of 9 MARCH 13, 2017 PAGE 1 OF 1 Conditions for Aparoval 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 belowrip 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. 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