HomeMy WebLinkAbout31A - CUP 2773 N MAIN STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 5, 2009
TITLE:
CONDITIONAL USE PERMIT NO. 2008-35 TO
ALLOW AFTER HOURS OPERATION FOR THE
GEISHA HOUSE RESTAURANT AT 2773 NORTH
MAIN STREET - THE DOLCE GROUP,
APPLICANT
G'l.ta._..~.._._ _,
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2008-35 as conditioned.
PLANNING COMMISSION ACTION
On November 24, 2008, the Planning Commission adopted a resolution
approving Conditional Use Permit No. 2008-35 as conditioned by a vote of
5:0 (Gartner absent) to allow after hours operation at The Geisha House
Restaurant located at 2773 North Main Street in the Specific Development
No. 59 (SD-59) zoning district. The Planning Commission made no changes
to the recommended conditions of approval outlined in the attached staff
report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~
M. Trevino
Executive Director
Planning & Building Agency
OS:rb
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31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 24, 2008
TITLE:
PUBLIC HEARING - CONDITIONAL USE
PERMIT NO. 2008-35 TO ALLOW AFTER
HOURS OPERATION FOR THE GEISHA HOUSE
RESTAUR.AN'P AT 2773 NORTH MAIN STREET
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Prepared by Octavio Silva
Executive Director Planning Manag
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2008-35 as
conditioned.
DISCUSSION
Request of Applicant
The Dolce Group is requesting approval of Conditional Use Permit No.
2008-35 to allow after hours operation at The Geisha House Restaurant
located at 2773 North Main Street.
Property Description
The Geisha House restaurant will be located on a 17.7 acre mixed use site
on the northeast corner of Main Street and Memory Lane. The parcel is
located within the Specific Development No. 59 (SD-59) zoning district and
has a General Plan designation of District Center (DC). Surrounding land
uses include commercial to the north, office uses and Santiago Park to the
south, the Main Place Mall to the west, and new residential condominiums
as well as a senior housing complex to the east (Exhibits 1 and 2).
Geisha House will occupy a 5,616 square foot two-story building and a
1,101 square foot outdoor patio dining area within the commercial
component of the new City Place development (Exhibit 3). The proposed
hours of operation for the restaurant and outdoor patio are 11:00 a.m. to
2:00 a.m., seven days a week. The nearby McCormick and Schmick's Seafood
restaurant received Conditional Use Permit No. 2006-18 and currently
operates until 2:00 a.m.
EXHIBIT A
31 A-2
Conditional Use Permit No. 2008-35
November 24, 2008
Page 2
Project Description
The Geisha House restaurant will be a sit-down eating establishment that
offers Japanese cuisine to its customers in an upscale setting (Exhibits 4
and 5). The restaurant is operated by the Dolce Group, which has two
additional Geisha House restaurants in the cities of Hollywood, California
and Atlanta, Georgia. The applicant is also proposing to provide
amplified music during dinner hours for their customers (Exhibit 6). DJ
entertainment will be provided, Thursday through Saturday from 8:00 p.m.
to 11:00 p.m. Further, the applicant is not requesting a dance permit as
part of the restaurant operations.
Similar to their Hollywood and Atlanta restaurant locations, the Dolce
Group is also proposing to temporarily host special events within their
Santa Ana site. Based on their Geisha House Hollywood location, the Dolce
Group conducted 15 special events this year with a maximum of 150
attendees. The events included corporate mixers and dinner parties for
companies such as Disney and Ad Monsters (Exhibit 7). These occasional
events were invitational only and required the temporary closure of the
restaurant. The Dolce Group anticipates similar events will be conducted
at their Geisha House Santa Ana restaurant. The proposed events would be
ancillary to the primary eating establishment and would be catered by
restaurant staff and kitchen. Special events held at the Geisha House
will require the closure of certain restaurant sections to the general
public. Specifically, the Dolce Group anticipates that the outdoor patio
and the restaurant's second floor will be used to host special events.
The Geisha House restaurant offers patrons a variety of sitting options,
which include bar and lounge seating, indoor and outdoor dining and
reservation rooms. The two reservation rooms are located on the first and
second floor of the restaurant and are available for group dining. The
reservation rooms are both under 160 square feet and are partially
enclosed. The second floor reservation room is enclosed by glass doors
and walls. A total of 53 tables, 16 booths and 8 lounge sofas are
proposed to be distributed throughout the first floor and open patio of
the restaurant. Alcohol consumption is proposed within the 1,101 square
foot exterior patio area. Additional seating includes 15 tables on the
restaurant's second story.
On November 5, 2008, the Geisha House restaurant obtained Zoning
Administrator approval for Conditional Use Permit No. 2008-32 allowing a
Type 47 ABC license for the on-premise sale of alcoholic beverages to
31 A-3
Conditional Use Permit No. 2008-35
November 24, 2008
Page 3
customers. The after hours operation is intended to provide a service
ancillary to the primary restaurant use. The additional hours of
operation will provide patrons with additional hours of service and will
attract late dining patrons.
Analysis of the Issues
The applicant is requesting to extend their business hours until 2:00 a.m.
seven days a week. The subject property is located within the Specific
Development No. 59 (SD-59) zoning district or the development commonly
known as City Place. The request for after hour operations requires a
conditional use permit for restaurants that are open between the hours of
12:00 a.m. and 5:00 a.m. City Place is a mixed-use development that was
envisioned as a mixture of commercial and residential uses. The project
was designed as a place where residents could conveniently walk to
shopping and dining designations. The after hour operations request helps
to accomplish the goal of a true mixed-use project by providing patrons
with a variety of dining opportunities.
The surrounding land uses adjacent to the eating establishment are
commercial uses with the exception of Santiago Park and the adjoining
residential uses on the same development site. The extended hours of
operation should not impact the residences as the restaurant building is
separated by a surface parking lot. Additionally, the outdoor dining
patio is located at the intersection of Main Street and Memory Lane, which
is the furthest point away from the residential component of the City
Place development. Additionally, staff has recommended conditions of
approval that would minimize potential noise impacts to the surrounding
residential and commercial uses.
The Planning Division and Police Department have reviewed the application
for potential concerns related to the after hour operations request. The
area of 2773 North Main Street is located within reporting district No.
181, which ranks 94th out of 102 citywide districts in total number of
police-related incidents. In order to minimize the potential impacts
associated with after hour operations at the proposed restaurant location,
conditions of approval for the project are recommended. These proposed
conditions are intended to mitigate any problems that may negatively
affect the adjacent residences and surrounding area. Additionally, the
Geisha House restaurant will provide a complete level of staffing during
the operating hours of the restaurant. The restaurant staff will act as a
deterrent in reducing the potential of negative activity by being located
on-site during all business operating hours.
31 A-4
Conditional Use Permit No. 2008-35
November 24, 2008
Page 4
Lastly, the site has a General Plan land use designation of District
Center (DC). The District Center designation emphasizes the use of this
area as an anchor for commercial development and as a commercial
corridor. This site is located on a major arterial street and the
subject property's proximity near the Interstate 5 freeway promotes the
City of Santa Ana as a regional shopping destination.
Based upon analysis of the project and its compatibility with the City's
General Plan and applicable development standards, staff recommends that
the Planning Commission approve Conditional Use Permit No. 2008-35 as
conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental Review
No. 2008-177 will be filed for this project.
e '
avio Silva
Assistant Planner I
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31 A-5
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CUP 08-35 ~
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EXHIBIT 5
August 25, 2008
To Whom It May Concern:
Geisha House, to be located at 2773 N. Main Street, Santa Ana, California, 92706, will
be open 7 days a week for lunch and dinner, beginning at 11AM and concluding no later
than 2AM on any night.
Geisha House is atable-service restaurant serving both freshly prepared sushi and cooked
Japanese food, in addition to a full selection of beer, wine, sake, and hard liquor. Food
and drinks are served in all areas of the restaurant: the lounge, upstairs and downstairs
main-dining rooms, and the enclosed outdoor patio.
The area designated on the floor plan as a "private room" will be used for regular
reservations and walk-in customers, not for banquet service. The room is not completely
separated from the rest of the restaurant (it is visible) and only contains one people
seating up to approximately 12 people.
We would like to have the option to bring in a DJ who will play music for dinner
customers, as we do in our Hollywood and Atlanta locations of this same restaurant.
Typically, DJs in our operations play Thursdays through Saturdays from 8-11PM,
although there maybe some exceptions to this rule. The music spans a number of genres
including ambient lounge music all the way through 80's and classic rock.
The facility maybe closed to the public from time to time for private special events (such
as corporate parties, social mixers, etc.) and/or movie and TV show filming inside the
restaurant.
Please feel free to contact me should you have any other questions regarding our
operation.
Regards,
Lonnie Moore
Managing Member
CUP 08-35
EXHIBIT 6
l of 2
6633 Hollywood Boulevard Hol~~~el 323.460.6155 Far 323.460.2344
uti . lc ro c m
0S/28/2008 13:06 3234668067 DAVID MAMAN DESING PAGE 02
August 27, 2008
To Whom It May Concern:
The moms / spaces comprising the Geisha House in Santa Ana are as follows:
FIRST FLOOR MAIN DINING ROOlVI
The main dining room will include freestanding tables as well as booth/Banquette seating and a
frill service sushi bar. The entire food menu and full alcohol mettu (beer, wine, sake, and h;~rd
liquor) will be served in all areas of this room. No dancing will be allowed.
FIRST' I+~LOOR BA.R AND LOUNGE
't'his acea includes barstool seating as woll as lower lounge and easy chair style se,~ts adjacent to
cocktail tables. The enl:ire food menu and full alcohol menu (beer, wine, sake, an~i hard liquor)
will be served in elf areas of this room. No dancing will be allowed.
SECOND )FLOOR MAIN AlN>(NG ROOM
The second Floor main dininb room includes Freestanding tables overlooking the fiirsi filoor:~.s v~rell
as limited banquette seating- The entire food menu and full alcohol mcnt~ (beer, urine, sake, and
Itard liquor) will bo served in all areas oi'this room. No dancing will be ,allowed.
SECOND FLOOR SEMI-PRIVA'~ DINING ROOM
The second floor semi-private dining room includes one freestanding table scatitt8; appmxirnat~;ly
twelve people. 't'lio entire food menu and Full alcohol menu (beer, wine, sake, and hard iiqu~~r}
will be solved in all areas of this room. No dancing will be allowed-
PATIO
The restaurant's outdoor patio features additional frccstaitding and booth/banqued~e style seating.
The entire food menu trod full alcohol menu (beer, wine, sake, and hard liquor) will be servEd in
all areas of this room. No dancing will be allowed.
Ploase lot mo know ifyou have any further questions about the facility and its use;.
Regards,
Lonnie Moore
Managing Mcmbcr
31 ~~12
August 25, 2008
Octavio Silva
Planning and Building Agency, M-20
City of Santa Ana
Santa Ana, CA 92702
Dear Octavio,
Per your request, please find enclosed a sample list of private events that were held at
Geisha House in Hollywood, CA for use in evaluating our usage requests for the new
Santa Ana location.
In addition, our proposed hours of operation for the outdoor patio seating area are the
same as the restaurant's indoor space -seven days per week from 11AM to 2AM.
Please feel free to contact me should you have any other questions regarding our
operation.
Regards,
___~~~
David Jarrett
CUP 08-35
EXHIBIT 7
1 of 2
6633 Hollywood Boulevard Hol~yq~d, f A 9~1 323.460.6155 Fax 323.460.2344
Geisha House Hollywood - 2008 Special Events
EVENT DATE # OF PPL
Dr. Alex Marmureanu Dinner 3/7/08 35
Ad Monsters Dinner 3/18/08 34
Sherry Corday Party 3/15/08 100
H & M Store O ening 3/22/08 30
NY Rescue Worker's Foundation 3/27/08 120
Todd DeStefano Engagement Party 5/26/08 115
La Maison Du Soleil 7/2/08 30
Emily's Goin Away 8/1/08 60
DesiYou Company Mixer 8/5/08 150
Josh Mancini Mixer 8/18/08 60
Garrett Graham Dinner 9/5/08 40
Delta Chi Fraternity USC Invite 9/11/08 150
Disney Dinner 9/25/08 75
Ka pa Delta Sorority Invite 9/28/08 100
Interwoven Party
11/10/08 _
25
3°12A-14
ROH - 11/24/08
RESOLUTION NO. 2008-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2008-35 AS CONDITIONED TO ALLOW
AFTER HOURS OPERATION FOR THE PROPERTY
LOCATED AT 2773 NORTH MAIN 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. 2008-35 to
operate a restaurant between the hours of 11:00 a.m. to 2:00 a.m., seven
days a week, for the property located at 2773 North Main Street.
B. The Specific Development No. 59 (SD-59) zoning designation requires a
conditional use permit for restaurants open between the hours of 12:00
a.m. and 5:00 a.m.
C. On November 24, 2008, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2008-35.
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:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed after hours license will provide an additional
amenity to the restaurant and thereby benefit the community
by providing extra hours of food service at the eating
establishment. Conditions have been placed on the
conditional use permit which will mitigate any potential
impacts created by the use and ensure that the restaurant
will not negatively affect the surrounding community.
2. Will the proposed use 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 after hour license at the Geisha House
restaurant will not be detrimental to persons residing or
Resolution No. 2008-25
31 A-15 Page 1 of 7
working in the area because the use, as conditioned, will not
create any negative or adverse impacts. The extended
hours will be in conjunction with the existing sit-down eating
establishment. Additionally, the residential and mixed use
components of the development are separated from the
restaurant by an existing surface parking lot.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is a commercial multi-tenant development
that is suitable for the proposed use. The additional hours of
operation for the Geisha House will increase the patronage
to the restaurant, thereby enhancing the profitability of the
business and economic stability of the area. The project site
is located in a commercial area near the Westfield Mall and
helps to further emphasize North Main Street as a
commercial district.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant with an after hours conditional use permit
pursuant to Specific Development No. 59 and Chapter 41 of
the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
The extended hours of operation will provide a dining service
to the residents of Santa Ana. Additionally, the property is
located within the District Center (DC) general plan land use
designation which emphasizes the area as a major
commercial corridor for the City.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2008-177 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2008-35 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein. This
Resolution No. 2008-25
31 A-16 Page 2 of 7
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
November 24, 2008 and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 24th day of November, 2008 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Leo, Mill, Yrarrazaval (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Gartner (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
Deputy City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2008-25 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on November 24, 2008.
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2008-25
31 A-17 Page 3 of 7
Conditions for Approval of Conditional Use Permit No. 2008-35
Should Conditional Use Permit No. 2008-35 be approved, the project shall comply 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 below rior 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.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
63).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. The hours of operation for the facility shall not exceed past 2:00 a.m.,
seven days a week.
4. All special events hosted by the restaurant must be catered by the on-site
Geisha House kitchen and staff.
B. Police Department
1. There shall be no fixed bar on the premises maintained for the sole
purpose of sales, service or consumption of alcoholic beverages directly to
patrons.
2. Full menus and food service shall be available in the lounge area and at
the counter/bars during all operational hours.
3. At all times when the premises is open for business the sale of alcoholic
beverages shall be made only in conjunction with the sale of food to the
person ordering the beverage.
Resolution No. 2008-25
31 A-18 Page 4 of 7
NOVEMBER 24, 2008
PAGE2OF3
4. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. These records are to be kept
no less frequently than on a quarterly basis and shall be made available to
the City if requested.
5. The premises shall be maintained as a bona fide eating establishment and
shall provide a menu containing an assortment of foods normally offered
in restaurants.
6. The establishment shall not be operated as a public premises.
7. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
8. There shall be a server assigned to the patio area at all times that the
service and consumption of alcoholic beverages is available.
9. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages.
10. It shall be applicant(s) responsibility to ensure that no alcoholic beverages
are consumed on any property adjacent to the licensed premises under
the control of the applicant(s), with the exception of the enclosed patio
area.
11. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
12. There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow outgoing
calls only.
13. The petitioner(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti must be removed within 24 hours of occurrence.
14. There shall be no pool tables, coin-operated games, or video machines
maintained upon the premises at any time.
15. Live entertainment and amplified music are prohibited on the premises at
any time, with the exception of the proposed DJ.
Resolution No. 2008-25
31 A-19 Page 5 of 7
NOVEMBER 24, 2008
PAGE3OF3
16. There shall be no public dancing on the premises.
17. Noise/music shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
18. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 10:00 a.m. and 2:00 a.m.
19. This land use authorization is only for a Type 47 on-sale general, public
eating-place, any other license use at this location will require a new land
use clearance.
20. Existing restaurant and required parking within 60 feet must conform to
the provisions of Chapter 8, Article II, Division 3 of the Santa Ana
Municipal Code (Building Security Ordinance). These code conditions will
require that the existing project's lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board condition 20 must be complied with.
22. Applicant is required to provide Police Department approved armed
robbery prevention training annually to all of their restaurant employees.
23. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
24. Atimed-access cash controller or drop safe must be installed.
25. Install a silent armed robbery alarm.
26. The applicant shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon monies
collected as a door charge, cover charge, donation, or any other form of
admission charge, including minimum drink orders, or the sale of drinks.
The dressing room indicated on the plans shall only be used by food
service personnel employed by the establishment.
Resolution No. 2008-25
31 A-20 Page 6 of 7
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
Second Floor, Santa Ana, California 92701.
I served the foregoing document described as Resolution No. 2008-25
(Conditional Use Permif No. 2008-35) in this action by placing a true copy thereof
enclosed in sealed envelopes addressed as follows:
David Jarrett
Geisha Santa Ana LLC
6633 West Hollywood Boulevard
Los Angeles, CA 90028
Main Street Concourse LLC
2677 North Main Street
Santa Ana, CA 92705
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2008-25
31 A-2 ~ Page 7 of 7
31 A-22