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HomeMy WebLinkAboutRESO 2017-41_3701 W McFadden AvenueLS 12.11.17 RESOLUTION NO. 2017-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2011-09 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT MARISCOS ZAMORA RESTAURANT LOCATED AT 3701 WEST MCFADDEN AVENUE, UNIT G, H, I, AND J 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. Josefat Zamora, owner of Mariscos Zamora Restaurant ("Applicant'), is requesting approval of modification to Conditional Use Permit No. (CUP) 2011-09 to allow the sale of beer, wine and distilled spirits for on -premise consumption at an existing eating establishment located at 3701 West McFadden Avenue, Unit G, H, I, and J. B. Conditional Use Permit No. 2011-09 originally came before the Zoning Administrator of the City of Santa Ana on April 27, 2011 for a duly noticed public hearing. On May 18, 2011, the Zoning Administrator approved Conditional Use Permit No. 2011-09, as conditioned, to sell beer and wine. C. On November 2, 2011, the Zoning Administrator approved modifications to Conditional Use Permit No. 2011-09 to allow live entertainment but denied the request to extend the hours of alcohol sales until 2:00 a.m. Subsequently, on December 12, 2011, the Planning Commission granted Appeal No. 2011-01 to allow extended hours of alcohol sales until 2:00 a.m. D. On July 10, 2017, the Planning Commission held a public hearing to modify Conditional Use Permit No. 2011-09 for the subject facility. The Planning Commission recommended continuing the matter for five (5) months to allow the Applicant time to comply with the Santa Ana Municipal Code ("SAMC"). E. On November 23, 2017, staff recommended that the Planning Commission continue the matter to an indefinite date to allow the Applicant additional time to submit the appropriate permits and Resolution No. 2017-41 Page 1 of 6 applications. The Planning Commission requested that staff return with a recommendation on December 11, 2017. F. On December 11, 107, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time, considered all testimony, oral and written. G. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption that is ancillary to the primary restaurant use. H. 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. 2011-09 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 sale of alcoholic beverages for on -premise consumption at this location will continue to 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. 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 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 will continue to be incidental to the primary use as an eating establishment and will occur within the premises. Resolution No. 2017-41 Page 2 of 6 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The use will not adversely affect the economic stability of the area; the offering of alcoholic beverages will allow Mariscos Zamora Restaurant, a locally -owned restaurant, will 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. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The sale of alcohol beverages will continue to 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. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Mariscos Zamora Restaurant is located in a multi -tenant commercial center and its operation is 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 have a significant effect on the environment. Resolution No. 2017-41 Page 3 of 6 r The project proposes to continue 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. 2011-32 will be filed for this project. 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. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves modification to Conditional Use Permit No. 2011-09 as conditioned in "Exhibit A" attached hereto and incorporated herein for the project located at 3701 West McFadden Avenue, Units G, H, I, and J. 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 December 11, 2017, and exhibits attached thereto; and the public testimony, oral and written, all of which are incorporated herein by this reference. ADOPTED this 11th day of December, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: AN G� Mark -McLoughlin Chairperson Resolution No. 2017-41 Page 4 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By�L C -- 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. 2017-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2017. Date: Recording Secretary City of Santa Ana Resolution No. 2017-41 Page 5 of 6 Exhibit A Conditions of Approval for Modification to Conditional Use Permit No. 2011-09 Modification to Conditional Use Permit No. 2011-09 for a restaurant located at 3701 West McFadden Avenue (Unit G, H, I, and J) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrlp for to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. Planning Division 1. Applicant shall comply with exhibits attached to the Staff Report for the modification. 2. The Applicant shall comply with all operation standards within the Santa duration of the conditional use permit. applicable development and business Ana Municipal Code throughout the 3. There shall be no outdoor sales or consumption of alcohol. 4. Staff shall, after 12 months of the approved entertainment permit, request a crime report to analyze if an increase in police related calls and/or complaints are associated with the subject property. At that time staff will determine if the entertainment permit should be renewed, as required annually, or canceled. 5. Staff shall review the operational impacts of the facility on the community after one (1) year and prepare a memo to the Planning Commission with any issues to report. 6. The modification shall not take effect until all violations have been addressed to the approval of the Planning Manager. Resolution No. 2017-41 Page 6 of 6