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HomeMy WebLinkAboutRESO 2017-33_2431 N Tustin Ave Unit DLS 10.23.17 RESOLUTION NO. 2017-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT TACOS DEL CHINO RESTAURANT LOCATED AT 2431 NORTH TUSTIN AVENUE, UNIT D 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. 2017-20 to allow the sale of beer and wine for on -premise consumption for the property located at 2431 North Tustin Avenue, Unit D. B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of beer and wine for on-site consumption that are ancillary to the primary restaurant use. C. On October 23, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-20. 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. 2017-20 to allow for the 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 beer and wine for on -premise consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase 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. 2017-33 Page 1 of 4 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 beer and wine 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 beer and wine will be ancillary to the main use. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment with a full menu of food 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; the offering of beer and wine will allow Tacos Del Chino, a locally -owned restaurant, to continue to remain economically viable and compete with nearby full- service restaurants in the vicinity and contribute to the overall success of the City of Santa Ana. The new restaurant establishment with the proposed on -premise alcohol consumption will assist to achieve a strong, diversified economic base by encouraging a variety of businesses in 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 beer and wine, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. I Resolution No. 2017-33 Page 2 of 4 The proposed sale of beer and wine 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 beer and wine on their menus offers additional dining options for Santa Ana residents and visitors. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Tacos Del Chino 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 beer and wine 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. 2017-86 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. 2017-20. 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 October 23, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23`d day of October, 2017 by the following vote: Resolution No. 2017-33 Page 3 of 4 AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:GG Lisa Storck Assistant City Attorney Alderete, Bacerra, Contreras -Leo, McLoughlin, Verino (5) None (0) Mendoza, Nguyen (2) None (0) e M rcMcLoughlin Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2017. Date: l ow J 17 Acting Recording Secretary City of Santa Ana t Resolution No. 2017-33 Page 4 of 4