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HomeMy WebLinkAboutRESO 2017-15_2035 N MainLS 4.10.17 RESOLUTION NO. 2017-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-13 TO ALLOW AN UPGRADE OF AN EXISTING ON -PREMISE LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2035 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. 2017-13 to allow the upgrade of an existing Type 41 alcoholic beverage control license (beer and wine) to a Type 47 Alcoholic Beverage Control (ABC) license and also allow the on -premise sale of distilled spirits for the property located at 2035 North Main Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on-site or off-site consumption. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-13. 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 Section 41- 638, have been established for Conditional Use Permit No. 2017-13 to allow an upgrade to the existing on -premise 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 upgrade of the ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a full range 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 Resolution No. 2017-15 Page 1 of 4 will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 ABC license upgrade will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any new negative or adverse impacts. This will primarily be a restaurant use and the addition of alcohol will be ancillary to the main use. Further, the restaurant has been operating at this location for approximately 20 years, with minimal Police related activity generated from the restaurant in the past, and only three minor calls for service in the past 12 months. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is located within a multi -tenant commercial center and is suitable for the proposed use. Alcoholic beverages on the menu at The Green Parrot Villa will increase the patronage to the restaurant and number of visitors to the location, thereby enhancing the profitability of the business and economic stability of the museum district area. Thus, the ABC license upgrade for The Green Parrot Villa will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on -premise alcohol licenses. The facility will be maintained as a full service bona fide eating establishment. Alcohol storage and display areas will consist of less than two (2%) percent of the floor area which is the maximum threshold established by the Santa Ana Municipal Code. 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. ` Resolution No. 2017-15 Page 2 of 4 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 use 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 feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Green Parrot Villa's tenancy will continue to contribute to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant is located in a commercial center and its expanded operations are compatible with the surrounding commercial and museum related businesses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. No modification to the exterior of the building is proposed. Categorical Exemption Environmental Review No. 2017-21 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. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-13 for the project located at 2035 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 Resolution No. 2017-15 Page 3 of 4 Commission Action dated April 10, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: L -A"011 LI nette Verino C airperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: y" t— 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. 2017-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: I'I i— Commission Secretary City of Santa Ana Resolution No. 2017-15 Page 4 of 4