HomeMy WebLinkAboutRESO 2017-20_901 W Civic Center Dr_Do Lunch DeliLS 5.22.17
RESOLUTION NO. 2017-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -PREMISE
CONSUMPTION AT DO LUNCH DELI RESTAURANT
LOCATED AT 901 WEST CIVIC CENTER, UNIT 150
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. 2017-10 to
allow the sale of alcoholic beverages for on -premise consumption for the
property located at 901 West Civic Center, Unit 150.
B. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption of
alcoholic beverages that is ancillary to the primary restaurant use.
C. On May 22, 2017, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2017-10.
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. 2017-10 to allow for sale of
alcoholic beverages for on -premise consumption:
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or the
community.
The proposed sale of alcoholic beverage 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 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 will mitigate any potential
impacts created by the use and ensure that the use will not
negatively affect the surrounding community.
Resolution No. 2017-20
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2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed sale of alcoholic beverages for on -premise
consumption at this location will not be detrimental to
persons residing or working in the vicinity because
operational standards applicable to the alcoholic beverage
control license will mitigate any potential negative or adverse
impacts created by the use. This is primarily a restaurant use
and the addition of alcohol will be ancillary to the main use.
Moreover, the restaurant's location away from sensitive land
uses reduces any potential impacts to others in the
immediate vicinity. 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 also offer beer
and wine for sale to their guests and provide a one-stop
dining experience to its visitors, especially those visiting the
Santa Ana Stadium and Civic Center. Moreover, the offering
of alcoholic beverages will allow Do Lunch Deli, a locally -
owned restaurant, to remain economically viable and
compete with nearby full-service restaurants in the vicinity
and contributes to the overall success of the City of Santa
Ana.
4. That the proposed use shall 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 Santa Ana
Municipal Code. The facility will be maintained as a full-
service, bona -fide eating establishment, having suitable
kitchen facilities and supplying an assortment of foods
commonly ordered at various hours of the day. Additionally,
the restaurant will utilize less than five (5) percent of the gross
floor area for the display and/or storage of alcoholic
beverages, which is the maximum threshold established by
the Santa Ana Municipal Code.
Resolution No. 2017-20
Page 2 of 4
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed sale of alcoholic beverage 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 feature
alcoholic beverages on their menus 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.
Do Lunch Deli is located in a commercial building and its
operation is compatible 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 within an existing structure.
It has been found by the City that the use will not create any adverse
impacts such as noise, traffic, or safety concerns. The cumulative impact
of this project will not be significant as the use will be complementary with
the nearby commercial uses in the area. 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. Categorical Exemption Environmental Review No. 2017-31
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. 2017-10. 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 May 22, 2017, and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
Resolution No. 2017-20
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ADOPTED this 22nd day of May, 2017 by the following vote:
AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO,
MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
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L nette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_[ & -
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2017-20 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 22, 2017.
Date: ��1�f17 v
kk Recording Secretary
City of Santa Ana
Resolution No. 2017-20
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