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HomeMy WebLinkAboutRESO 2017-35_1901 E FIRST STREETLS 11.13.17 RESOLUTION NO. 2017-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-27 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT PORROVITA JUICE BAR LOCATED AT 1901 EAST FIRST STREET, UNIT 136 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. 2017-27 to allow the sale of alcoholic beverages for on -premise consumption for the property located at 1901 East First Street, Unit 136. 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 November 13, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-27. 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 (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2017-27 to allow for the 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 the community. The proposed sale of alcoholic beverages 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 Resolution No. 2017-35 Page 1 of 4 the use and ensure that the use will not negatively affect the surrounding community. 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 the health, safety, or general welfare of persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Porrovita Juice Bar, a restaurant use and the addition of alcohol will be ancillary to the main use ensuring that the establishment operates as a bona -fide restaurant. Furthermore, sensitive land uses are not located close the restaurant; therefore, this will reduce any potential impacts to others in the surrounding area. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. 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. F 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 affect the economic stability of the area. Instead, Porrovita Juice Bar will aid the economic stability through job creation and generating revenue through sales tax. The new restaurant has the potential to attract more customers by offering alcoholic beverages, since this will expand its menu selection and allow the restaurant to economically prosper. 4. That the proposed use shall 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. In addition, the restaurant will use 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. Operational Resolution No. 2017-35 Page 2 of 4 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. 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 sale of alcoholic beverages 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 restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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. Porrovita Juice Bar is located in a commercial area and its operations are compatible with the surrounding commercial businesses. Section 2. 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 be 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 overall 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. Section 3. 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. 2017-35 Page 3 of 4 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-27 for the project located at 1901 East First Street, Unit 136. 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 November 13, 2017, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 131h day of November, 2017 by the following vote. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN (6) NOES: Commissioners: ABSENT: Commissioners: VERINO (1) ABSTENTIONS: Commissioners: �I Ma'irl McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 62�1 '4cy-� 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. 2017-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2017. Date: I(�I3�Ia— A" 16,E Recording Secretary City of Santa Ana Resolution No. 2017-35 Page 4 of 4