HomeMy WebLinkAboutRESO 2017-11_1801 S Main Street Unit E3.27.17
RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2017-03 TO ALLOW THE SALE OF
DISTILLED SPIRITS FOR ON -PREMISE CONSUMPTION
AT MARISCOS HECTOR #1 RESTAURANT LOCATED AT
1801 SOUTH MAIN STREET, UNIT E
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 Mariscos Hector #1, is
requesting approval of Conditional Use Permit No. 2017-03 to allow the sale
of alcoholic beverages including distilled spirits for on -premise consumption
for the property located at 1801 South Main Street, Unit E.
B. In 1988, Land Use Certificate No. 1988-15 was transferred from Senor
Pollo to Mariscos Hector restaurant to allow for the sale of beer and wine
for on -premise consumption.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
on- or off -premise consumption.
D. On March 27, 2017, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2017-03.
E. In regard to the Conditional Use Permit required findings 1, and 2 of
Section 41-638 of the Santa Ana Municipal Code, the Planning
Commission finds:
1. That the proposed use will not provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The sale of distilled spirits for on -premise consumption at
Mariscos Hector #1 at 1801 South Main Street, Unit E will not
provide a service to the community that is necessary at this
time. Under Land Use Certificate No. 1988-15 patrons who
visit the restaurant will still have the opportunity to purchase
beer and wine with their meals. In addition, restaurants that
sell beer, wine and distilled spirits are available within a one
Resolution No. 2017-11
Page 1 of 3
and a half (1.5) mile radius of the property to serve residents
and the community.
2. That the proposed use will, 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 sale of distilled spirits for on -premise consumption at
this location will impact the safety and general welfare of
persons residing or working in the vicinity. The Police
Department reported twenty (20) field activity incidents and
one (1) reportable disturbance at the location within the last
year (365 days). The subject site is immediately adjacent to
residential uses and neighborhoods; at the public hearing
five (5) residents, several representing neighborhood
associations, expressed concerns of safety and welfare.
F. In regard to Conditional Use Permit findings 3, 4 and 5 of Section 41-638 of
the Santa Ana Municipal Code, the Planning Commission makes no
specific findings. The findings relate to compliance with the regulations and
conditions specified in Chapter 41 for on -sale establishments, economic
stability of the properties surrounding the area, and affect on the General
Plan.
G. In accordance with the California Environmental Quality Act (CEQA) the
recommended action is exempt from CEQA per Section 15061(b)(4) as the
Planning Commission denied Conditional Use Permit 2017-03.
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 denial of this
project, and any denials associated with the project 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 denies Conditional Use Permit No. 2017-03 for the project
located at 1801 South Main Street, Unit E. This decision is based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated March 27, 2017, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 27th day of March, 2017.
Resolution No. 2017-11
Page 2 of 3
AYES: Commissioners: BACERRA, CONTRERAS-LEO
NGUYEN, VERINO (5)
NOES: Commissioners: MENDOZA (1)
ABSENT: Commissioners: ALDERETE (1)
ABSTENTIONS: Commissioners:
L*finefte Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
MCCLOUGHLIN,
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017-11 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 27, 2017.
Date: 3 %-- 0-
(�IvtjJ c6CA/ za�
Commission Secretary
City of Santa Ana
Resolution No. 2017-11
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