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Home My WebLink AboutRESO 2018-03_104 E 4th StreetLS 1.22.18 RESOLUTION NO. 2018-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-36 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT EL RINCON MEXICANO RESTAURANT LOCATED AT 104 EAST FOURTH STREET 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. 2017-36 to allow the sale of alcoholic beverages for on -premise consumption at the restaurant located at 104 East Fourth Street. B. Specific Development No. 84 requires a conditional use permit (CUP) for the sale of alcoholic beverages for on-site consumption that is ancillary to the primary restaurant use pursuant to Sec. 41-2007 (Table 2A). C. On January 22, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-36. 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. 2017-36 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 alcoholic beverages for on -premise consumption at this location will provide an ancillary service to the restaurants 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. 2018-03 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 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 alcoholic beverages will be ancillary to the main use. The sale of alcoholic beverages 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 alcoholic beverages will allow EI Rincon Mexicano, a locally -owned restaurant, to be economically viable and compete with nearby full-service restaurants in the vicinity and contribute to the overall success of the Downtown. The eating 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 restaurants 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. Resolution No. 2018-03 Page 2 of 4 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 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. EI Rincon Mexicano is located in a commercial building 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. The project proposes to allow the on -premise sale and consumption 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. 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 Conditional Use Permit No. 2017-36. 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 January 22, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-03 Page 3 of 4 ADOPTED this 22"d day of January, 2018 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: Mark Loughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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. 2018-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: A Recording Secretary City of Santa Ana Resolution No. 2018-03 Page 4 of 4