Loading...
HomeMy WebLinkAboutRESO 2019-41_501 N FRENCH STREETLS 9.23.19 RESOLUTION NO. 2019-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-26 AS CONDITIONED FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON - SITE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-27 TO ALLOW AN ARTISAN/CRAFT PRODUCT MANUFACTURING USE FOR NOBLE ALE WORKS RESTAURANT AND BREWERY LOCATED AT 501 NORTH FRENCH 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. Stephen Miles, with Noble Ale Works ("Applicant"), is requesting approval of Conditional Use Permit No, 2019-26 to allow the sale of alcoholic beverages for on -site consumption and Conditional Use Permit No. 2019-27 to allow an artisan/craft product manufacturing use for Noble Ale Works Brewery located at 501 North French Street. B. Santa Ana Municipal Code Sections 41-196 and 41-2007 require approval of a conditional use permit for establishments wishing to sell alcohol for on -premises consumption. C. Santa Ana Municipal Code Section 41-2007 requires approval of a conditional use permit;for artisan/craft product manufacturing businesses. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to reviewand approve the conditional use permits for this project as set forth by the Santa Ana Municipal Code. E. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit Nos. 2019-26 and 2019-27 respectively. F. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-26 for the sale of alcoholic beverages for on -site consumption, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 201941 Page 1 of 10 The proposed sale of alcoholic beverages for on -premises consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Noble Ale will be producing some of its inventory at this location, thereby promoting locally produced products. Operational standards applicable to the alcoholic beverage control license and conditions of approval 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 will not, under the circumstances of the particular case, 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 -premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license and conditions of approval will address any potential negative or adverse impacts created by the use. Conditions have been placed on the CUP that limit the time all outdoor areas can be used. This will reduce the potential for noise that may affect sensitive land uses in the area. 3, That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license and brewery will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow the restaurant to remain economically viable and compete with nearby full -service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana, specifically the Downtown. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on - premises consumption pursuant to Chapter 41 of the SAMC. j Resolution No. 2019-41 Page 2 of 10 The facility will be maintained as a full -service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational 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 eating establishment and brewery will not adversely affect the General Plan. The project is located in the Urban Neighborhood (UN) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant and ancillary alcohol sales will contribute to the viability of the commercial site and the small craft manufacturing use will contribute to the overall success of the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The project is in the Transit Zoning Code zoning district, specifically in the Downtown sub -zone. As proposed, it is designed to meet all development standards designated in the zoning district. Resolution No. 2019-41 Page 3 of 10 G. The Planning Commission determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-27 pursuant to Santa Ana Municipal Code (SAMC) Section 41-2007, have been established for Conditional Use Permit No. 2019-27 to allow the operation of a craft brewery: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed craft brewery will be an ancillary component to the operation of a full service bona -fide restaurant. The use is consistent with other brewery/restaurants in the downtown area and will provide an additional service to the residents, employees, or visitors in the area. Noble Ale Works has been in business for almost a decade, originating in Anaheim. As proposed, the improvements to the building and introducing the small craft brewery at this location will contribute to the overall well-being of the neighborhood. Additionally, operational standards applicable to the alcoholic beverage control license and conditions of approval included for this CUP 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 will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed brewery operation at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The operation of the brewery is similar to several businesses located in the downtown. The dedicated floor area for all the brewing equipment is only 96 square feet, which is approximately four (4%) percent of the entire building. As proposed, all manufacturing operations will be located within the building. Additionally, operational standards in the SD-84 zoning district limit the hours of operation for any business located in the downtown. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of in- house alcoholic beverages for sale to their customers. Resolution No. 2019-41 Page 4 of 10 Moreover, the proposed use will revitalize an underused property and contribute to the overall success of the City of Santa Ana; specifically, the Downtown, 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable regulations and conditions imposed on a restaurant/brewery pursuant to Chapter 41 of the Santa Ana Municipal Code. Furthermore, operational standards in Section 41-2007 of the Transit Zoning Code 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. Additionally, the dedicated square footage for manufacturing is less than 100 square feet of the building which is less than four (4%) percent of the total floor area. Finally, all operation related to the brewery production will be located within the building footprint. 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 brewery will not adversely affect the General Plan. The project is located in the Urban Neighborhood (UN) General Plan land use designation which allows for commercial uses such as retail, service and small artisan/craft manufacturing. The project is consistent with several goals and policies of the General Plan, including the Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The brewery will contribute to the viability of the commercial site and contribute to the overall success of the downtown area, Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The project is in Resolution No. 2019-41 Page 5 of 10 the Transit Zoning Code zoning district, specifically in the Downtown sub -zone. As proposed, it is designed to meet all development standards designated in the zoning district. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15301, Class 1, Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-17 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-26 and Conditional Use Permit No. 2019-27, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 501 North French Street. 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 September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-41 Page 6 of 10 ADOPTED this 23,d day of September, 2019. AYES: Commissioners: CANO, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, RIVERA (5) NOES: Commissioners. - ABSENT: Commissioners: ABSTENTIONS: Commissioners: M cLouh glin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 'k, 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. 2019-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: IU 1 H j P et Recording Secretary City of Santa Ana Resolution No. 2019-41 Page 7 of 10 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2019-26 and 2019-27 Conditional Use Permit No. 2019-26 to allow the sale of alcoholic beverages for on -site consumption and Conditional Use Permit No. 2019-27 to allow an artisan/craft product manufacturing use for Noble Ale Works Brewery is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permits. Failure to comply with each and every condition may result in the revocation of the conditional use permits. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-02) and the staff report exhibits. 2. Any amendment to the conditional use permits must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed "coldbox" must be fully enclosed with similar materials to that of the building. No equipment may be stored or placed without proper screening from the public right-of-way. 4. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and/or dancing and this establishment must not operate as such. 5. The storage of delivery vehicles is not allowed at this location. 6. There shall be no use of delivery vehicles with more than three axles at this location. This establishment must comply with Santa Ana Municipal Code Section 18-312, related to exterior noise, and Section 18-313, interior noise standards. It shall be the Applicant's responsibility to ensure that no alcoholic beverages are consumed outside of the designated consumption areas, or neighboring properties, which includes the parking lot area. 9. The Applicant or an employee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. Resolution No. 201941 Page 8 of 10 10. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of completion of such training must be maintained on the premises and available for inspection upon request by the City. 11. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 12. There shall be no exterior advertising of any kind or type, including window signs or other signs visible to the outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25%) percent of window coverage. Floor displays shall not exceed three (3) feet in height. 13. There shall be no promotions encouraging on -site consumption of alcohol. 14. Any graffiti painted upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 48 hours of being applied. 15. A timed -access cash controller or drop safe must be installed. 16. Applicant is responsible for the installation of a silent armed robbery alarm prior to the issuance of a certificate of occupancy. 17. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period($) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security Resolutlon No. 2019-41 Page 9 of 10 requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, - (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-41 Page 10 of 10