HomeMy WebLinkAboutRESO 2017-43_200 202 N BroadwayLS 12.11.17
RESOLUTION NO, 2017-43
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2013-03 TO ALLOW
THE SALE OF ALCOHOLIC BEVERAGES FOR ON -
PREMISE CONSUMPTION AT C4 DELI LOCATED AT 200
AND 202 NORTH BROADWAY
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. Jeffrey Jensen ("Applicant"), owner of C4 Deli is requesting approval of
modification to Conditional Use Permit ("CUP") No. 2013-03 to allow the
sale of alcoholic beverages for on-site consumption ancillary to the
primary restaurant use at 200 North Broadway (currently has CUP) and
202 North Broadway, the neighboring suite into which they are expanding.
B. Conditional Use Permit No. 2013-03 originally came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public hearing on
May 1, 2013. The Zoning Administrator modified conditions of approval by
allowing the sales, service, and consumption of alcoholic beverages from
6:00 a.m. to 12:00 a.m. and required a separate conditional use permit for
any after-hours operation.
C. On May 13, 2013, the Planning Commission confirmed the Zoning
Administrator's action approving Conditional Use Permit No. 2013-03 as
conditioned for 200 North Broadway.
D. Santa Ana Municipal Code Section 41-2007 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 for any
property located in the Transit Zoning Code (SD -84).
E. The Planning Commission determines that the following findings, which
must be established in order to grant this modification to the Conditional
Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-
638, for Conditional Use Permit No. 2013-03 to allow for the sale of
alcoholic beverages for on -premise consumption:
Resolution No. 2017-43
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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 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.
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 beverage 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 f
addition of alcohol will be ancillary to the main use. 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 and the enclosed outdoor patio
a rea.
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, but will instead allow the restaurant to compete with
other nearby restaurants that also offer a full selection of
alcoholic beverages for sale to their guests and other
visitors. Moreover, the offering of alcoholic beverages will
allow C4 Deli, a locally owned restaurant, to remain
economically viable and compete with nearby full-service
restaurants in the Downtown 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 project will be in compliance with all applicable
regulations and conditions imposed on a restaurant selling
Resolution No. 2017-43
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alcoholic beverages for on -premise consumption pursuant to
Chapter 41 of the Santa Ana Municipal Code including all
operational standards. 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 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. C4 Deli is located in
the City's Downtown area and its operation will continue to
be compatible with the surrounding 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. The project
proposes to allow the on -premise sale of alcoholic beverages at a full-service restaurant
within an existing structure. 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 and that no expansion of square footage of
the building is proposed.
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. 2013-03,
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attached hereto and incorporated herein. 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
all of which are incorporated herein by this reference.
ADOPTED this 11th day of December, 2017 by the following vote:
AYES: Commissioners: BACERRA, MCLOUGHLIN, MENDOZA, NGUYEN (4)"
NOES: Commissioners: ALDERETE, CONTRERAS-LEO, VERINO (3)'
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
AMA'�
Ma cLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:6-�'� � 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. 2017-43 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 11, 2017.
Date: <211 rte%,�1�
Recording Secretary
City of Santa Ana
Resolution No. 2017-43
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