HomeMy WebLinkAboutReso2317 300 E Fourth St
Resolution No. 2023-17
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RESOLUTION NO. 2023-17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2023-13 AS CONDITIONED TO ALLOW
THE SALE OF ALCOHOLIC BEVERAGES FOR ON-
PREMISES CONSUMPTION AT LOOSIES PIZZA LOCATED
AT 300 EAST FOURTH STREET, UNIT 103
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. Daniel Anguiano, business owner of Loosies Pizza (“Applicant”) and on
behalf of Raymond A. Rangel Trust (“Property Owner”), is requesting
approval of Conditional Use Permit (“CUP”) No. 2023-13 to allow the sale
of alcoholic beverages for on-premises consumption at an existing eating
establishment located at 300 East Fourth Street, Unit 103.
B. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires
approval of a CUP for establishments wishing to sell alcoholic beverages
for on- premises consumption.
C. The proposed eating establishment will meet all required standards
specified by Section 41-196 of the SAMC and the State Department of
Alcoholic Beverage Control (“ABC”) for the sale of alcoholic beverages for
on-premises consumption by containing a full kitchen and a menu of hot
and cold food items for purchase.
D. On August 28, 2023, the Planning Commission held a duly-noticed public
hearing on CUP No. 2023-13.
E. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant a CUP
pursuant to Section 41-638 of the SAMC, have been established for CUP
No. 2023-13 to allow the sale of alcoholic beverages for on-premises
consumption at an existing eating establishment located at 300 East Fourth
Street, Unit 103.
1. That the proposed use will provide a service or facility which will
contribute to the general wellbeing of the neighborhood or
community.
Resolution No. 2023-17
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The sale of alcoholic beverages for on-premises consumption at this
location will provide an ancillary service to the eating establishment’s
customers by allowing them to purchase alcoholic beverages with
their meal. This will thereby benefit the community by providing an
eating establishment with an additional and complementary food
related amenity. Operational standards applicable to the ABC license
and conditions of approval will mitigate any potential impacts
created by the use and will 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 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 ABC license and conditions
of approval will address any potential negative or adverse impacts
created by the use. The subject establishment is surrounded by
commercial land uses to the north, east, south, and west. The use
will have minimal impact on residents. Loosies Pizza is an
established, bona-fide restaurant and the addition of alcohol will be
ancillary to the main use. All of the operational standards identified
in Section 41-196(g) of the SAMC. Therefore, the granting of the
CUP will not negatively impact any sensitive land uses that may be
nearby.
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 sale of alcoholic beverages for on-premises will allow
the eating establishment to compete with other nearby eating
establishments that offer a full selection of alcoholic beverages for
sale to their customers and will allow the eating establishment to
remain economically viable, thereby contributing to the overall
success of the City. The alcohol license for on-premises sale and
consumption will benefit the surrounding area, as the reinvestment
on the commercial site will increase economic activity during
additional business hours.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
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The sale of alcoholic beverages for on-premises consumption will be
in compliance with all applicable regulations and operational
standards imposed on an eating establishment selling alcoholic
beverages for on-premises consumption pursuant to Section 41-
196(g) of the SAMC. The facility will be maintained as a bona-fide
eating establishment, having suitable kitchen facilities and supplying
an assortment of foods. Additionally, the eating establishment will
utilize no more than five percent (5%) of the gross floor area for
display and storage of alcoholic beverages, which is the maximum
threshold established by the SAMC. In addition, 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 sale of alcoholic beverages for on-premises consumption at the
subject site will not adversely affect the General Plan. The project is
located in the District Center-medium High (DC-3) General Plan land
use designation, which allows for distinctly urban retail, residential
mixed-use, and employment centers that are well connected to
public transportation and the granting of CUP No. 2023-13 supports
several policies contained in the General Plan. Goal 2 of the Land
Use Element (LU) encourages a balance of land uses that meet
Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range
of commercial uses to capture a greater share of local spending and
offer a range of employment opportunities. Policy 2.7 of the LU
supports land use decisions that encourage the creation,
development, and retention of business in Santa Ana. Goal 3
encourages the preservation and improvement of the character and
integrity of the existing neighborhoods and districts. Policy 3.7 of the
LU supports the promotion of a clean, safe, and creative environment
for Santa Ana’s residents, workers, and visitors. Goal 4 supports a
sustainable Santa Ana through improvements to the built
environment. Lastly, Policy 4.1 of the LU encourages the promotion
of complete neighborhoods by encouraging a mix of complementary
uses, community services, and people places within a walkable area.
The CUP will allow for additional service to Santa Ana residents and
visitors, thereby positively contributing to the economic viability of the
area by promoting local spending, offering employment
opportunities, and providing a safe workplace. In addition, the eating
establishment is located within an existing commercial area and its
operations will be compatible with the surrounding commercial
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businesses.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the project is categorically exempt from further review per
Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption
applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. The
project proposes to allow the sale of beer and wine for on-premises consumption at a
new eating establishment. As such, a Notice of Exemption, Environmental Review No.
2023-66, 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 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
a public hearing, hereby approves Conditional Use Permit No. 2023-13, as conditioned in
Exhibit A, attached hereto and incorporated herein, for the sale of alcoholic beverages for
on-premises consumption at Loosies Pizza located at 300 East Fourth Street, Unit 103.
This decision is based upon the evidence submitted at the above-referenced hearing,
including but not limited to: The Request for Planning Commission Action dated August
28, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of
which are incorporated herein by this reference.
Resolution No. 2023-17
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ADOPTED this 28th day of August 2023 by the following vote:
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo,
Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS
:
Commissioners: (0)
____________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Chief Assistant City Attorney
Resolution No. 2023-17
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-17 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on August 28, 2023.
Date:
Nuvia Ocampo
Recording Secretary
City of Santa Ana
8/28/2023
Resolution No. 2023-17
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-13
Conditional Use Permit No. 2023-13 allowing the sale of alcoholic beverages for on-
premises consumption 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 Building Standards Code, and all other applicable regulations:
The Applicant must comply with each and every condition listed below prior 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.
1. Any amendment to this conditional use permit must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is
available or if the conditional use permit must be amended.
2. The sale, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on-premises establishments
pursuant to Section 41-196(g) of the Santa Ana Municipal Code (“SAMC”), in
accordance with the provisions of an on-premises alcohol license by the California
Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site
and floor plans attached to the staff report documenting the approved scope of the
project.
3. The sale, service, and consumption of alcoholic beverages shall be limited from
Monday through Thursday from 12:00 p.m. (noon) to 10:00 p.m., Friday and
Saturday from 12:00 p.m. (noon) to 12:00 a.m. (midnight), and Sunday from 12:00
p.m. (noon) to 8:00 p.m. Modification of alcohol service hours past 12:00 a.m.
(midnight) shall be subject to Planning Commission consideration of a subsequent
and separate conditional use permit application for after-hours operations pursuant
to Section 41-196(g)(3) of the SAMC.
4. The business shall comply with all provisions of local, state or federal laws,
regulations or orders, including but not limited to those of ABC, California Business
and Profession Code Sections 24200, 24200.6, and 25612.5, as well as any
condition imposed on any permits issued pursuant to applicable laws, regulations
or orders. This includes compliance with the City’s business license annual
renewal.
5. The Planning Division shall review CUP No. 2023-13 no later than twelve (12)
months after full execution of this conditional use permit. Should any issues be
identified during such review that are attributable to the site and/or its operations,
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CUP No. 2023-13 shall be scheduled for public hearing at the applicant’s full
expense for condition modification(s).
6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be
grounds for permit revocation and/or suspension as described in Section 41-651
of the SAMC.
7. The business owner shall maintain and adhere to a “Good Neighbor Policy,”
implementing measures to ensure patrons comply with applicable noise, parking,
and outdoor smoking regulations, and removing litter and preventing loitering in
the areas in the immediate vicinity of the business.
8. The applicant shall be responsible for monitoring both patron and employee
conduct on the premises and within the parking areas under his/her control to
assure such conduct does not adversely affect or detract from the quality of life for
adjoining residents, property owners, and businesses.
9. At least one on-duty manager with authority over the activities within the facility
shall be on the premises during business hours. The on-duty manager’s contact
information shall be posted in a conspicuous location at the restaurant’s front entry.
The on-duty manager’s responsibilities shall include the monitoring of the premises
to ensure compliance with all applicable State laws, Municipal Code requirements
and the conditions imposed by ABC and the conditional use herein. Every effort
shall be undertaken in managing the subject premises and the facility to
discourage illegal and criminal activities and any exterior area over which the
building owner exercises control.
10. Prior to the release of this resolution, the applicant shall conduct the following site
improvements:
a. Legalize or remove the unpermitted outdoor dining patio located to the west
of the building. The applicant shall submit plans detailing the type of patio
fencing, which shall be compatible with the architectural style of the building,
to the Planning and Building Agency for review, approval, and permit
issuance.
b. Legalize or remove the unpermitted wall sign located on the western exterior
of the building. The applicant shall submit sign plans pursuant to Article XI:
On-Premises Signs in Chapter 41 of the SAMC, to the Planning and Building
Agency for review, approval, and permit issuance.
11. Prior to the release of this resolution, a Property Maintenance Agreement shall 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.
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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(s) 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 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 on or 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;
and
g. The maintenance agreement shall contain provisions relating to the
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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.