HomeMy WebLinkAboutReso25-31_113 E. Fourth St CUP-25-19Resolution No. 2025-31
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RESOLUTION NO. 2025-31
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2025-19 AS CONDITIONED TO ALLOW
AFTER-HOURS OPERATION AT AN EATING
ESTABLISHMENT LOCATED AT 113 E. FOURTH STREET
(APN: 398-328-03)
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. Alexa Garcia with IG Drafting and Designs, representing Tacos Los Cholos
(“Applicant”) and QOZB III, LLC. (“Property Owner”), is requesting approval
of Conditional Use Permit (CUP) No. 2025-18 to allow the sale of beer and
wine for on-premises consumption through a Type-41 license from the
Department of Alcoholic Beverage Control (ABC) at an eating
establishment located at 113 E. Fourth Street and approval of Conditional
Use Permit (CUP) No. 2025-19 to allow after-hours operations at an eating
establishment located at 113 E. Fourth Street (“Project”).
B. Section 41-688 of the Santa Ana Municipal Code (“SAMC”) and Table 2A
of Division 2 of the Transit Zoning Code / Specific Development No. 84 (SD-
84) require approval of a CUP for eating establishments wishing to operate
between the hours of 12:00 a.m. and 7:00 a.m.
C. On October 13, 2025, the Planning Commission held a duly noticed public
hearing on CUP No. 2025-19.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant approval of
a CUP pursuant to Section 41-638 of the SAMC, have been established for
CUP No. 2025-19 to allow the after-hours operation at an eating
establishment located at 113 E. Fourth Street.
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; and
The proposed after-hours operations until 1:00 a.m. on Friday
and Saturday at the subject site will provide an additional
amenity to Tacos Los Cholos’ patrons by allowing them the
ability to purchase meals after 12:00 a.m. (midnight), thereby
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providing an additional dining option within the downtown
area. The after-hours operation is consistent with that of other
eating establishments in the downtown. 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 after-hours operations until 1:00 a.m. on Friday
and Saturday at the subject site is not expected to be
detrimental to persons residing or working in the vicinity. The
building location fronts on Fourth Street which is a frequent
location for community activities involving outdoor
entertainment and significant public activity and the proposed
after-hours operation is consistent with other eating
establishments operating in the downtown. Recognizing that
Downtown Santa Ana, like other active urban areas,
experiences challenges related to nightlife, staff has imposed
additional operational conditions, including licensed security
personnel, enhanced exterior lighting, security cameras,
closing procedures, appropriate signage, and limiting the
hours of operation of the outdoor patio, as detailed in Exhibit
A. Together with SAMC standards, these measures will
ensure the establishment operates safely, minimizes potential
negative impacts, and contributes positively to the Downtown
environment without adversely affecting nearby sensitive land
uses.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of property in the
surrounding area;
The proposed after-hours operations until 1:00 a.m. on Friday
and Saturday at the subject site will not adversely affect the
economic stability of the area, but will instead allow Tacos Los
Cholos to compete with other nearby eating establishments
that also offer after-hours meals to their patrons. The
extension of operating hours will enable the eating
establishment to continue their operations for a longer period,
thereby allowing them to generate more revenue to ensure
their continued economic viability. Moreover, the offering of
late-night dining opportunities will contribute to the overall
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success of the City and will generate additional sale tax
revenue.
4. That the proposed use will comply with the regulations and
conditions specified in this chapter for such use.
As conditioned, the proposed after-hours operations until 1:00
a.m. on Friday and Saturday at the subject site will be in
compliance with all applicable regulations and operational
standards pursuant to Chapter 41 (Zoning) of the SAMC. The
eating establishment will be maintained as a full-service,
bona-fide eating establishment, having suitable kitchen
facilities and supplying an assortment of foods. Operational
standards and conditions of approval will ensure the Project
remains in compliance with all applicable codes and
regulations 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 after-hours operations until 1:00 a.m. on
Friday and Saturday at the subject site will not adversely
affect the General Plan. The granting of CUP No. 2025-19
supports several policies contained in the General Plan. The
Project aligns with Land Use Element (LU) Goal LU-2 and
Policies LU-2.1, LU-2.2, LU-2.6, and LU-2.8, which aim to
provide a balanced mix of land uses that meet the City’s
diverse needs, offer a broad range of employment
opportunities, capture local spending, encourage re-
investment into the City, and promote the City’s image as a
significant business-friendly regional activity center.
Additionally, Goal LU-4 and Policy LU-4.1 also apply, which
support improvements to the built environment and the
promotion of complete neighborhoods. Policy EP-3.11,
which seeks to improve the City’s image through the creation
of vibrant and engaging public spaces, is also supported by
this Project. Tacos Los Cholos is located within a mixed-use
building and its operation is compatible with the surrounding
residential use and commercial businesses. The Project
would provide an additional dining and drinking option to
Santa Ana residents, workers, and visitors and would
promote local spending and offer employment opportunities.
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Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the Project is categorically exempt from further pursuant to CEQA
Guidelines Section 15301 (Class 1 – Existing Facilities). 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 use beyond that existing at the time of
the lead agency’s determination. The Project proposes to allow the operation of an
alcoholic beverage control license to sell alcoholic beverages at an eating establishment
and the after-hours operation of an eating establishment. Based on this analysis, a Notice
of Exemption, Environmental Review No. 2025-80, 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 the
public hearing, hereby approves Conditional Use Permit No. 2025-19, as conditioned in
Exhibit A, attached hereto and incorporated herein, for the project located at 113 E. Fourth
Street. 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 October 13,
2025, and exhibits attached thereto; and the public testimony, written and oral, all of which
are incorporated herein by this reference.
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ADOPTED this 13th day of October 2025, by the following vote:
AYES: Commissioners: Manuel J. Escamilla, Christopher Leo, Bao Pham,
Isuri S. Ramos, Alan Woo (5)
NOES: Commissioners: (0)
ABSENT: Commissioners: Carl Benninger, Jennifer Oliva (2)
ABSTENTIONS: Commissioners: (0)
_______________________
Isuri S. Ramos
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2025-31 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on October 13, 2025.
Date: ________________ ____________________________________
Gema Zapien
Recording Secretary
City of Santa Ana
10/13/2025
Resolution No. 2025-31
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EXHIBIT A
Conditions for Approval for Conditional Use Permit No. 2025-19
Conditional Use Permit No. 2025-19 for after-hours operations is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code (SAMC), 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 proposed 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. Pursuant to this conditional use permit, the eating establishment will be permitted
to remain open until 1:00 a.m. on Friday and Saturday and may be allowed to serve
alcohol during that time provided Applicant has obtained Planning Commission
approval of a separate conditional use permit application for the sale of beer and
wine for on-premises consumption through a Type 41- License from the Department
of Alcoholic Beverage Control as required by Section 41-196 and Section 41-2007
of the Santa Ana Municipal Code (“SAMC”) and Table 2A of Division 2 of the
Transit Zoning Code / Specific Development No. 84 (SD-84), pursuant to Section
41-638 of the SAMC. However, the outdoor patio shall only be operational Sunday
through Thursday from 11:00 a.m. to 9:00 p.m. and Friday and Saturday from 11:00
a.m. to 10:00 p.m.
3. The sale, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on-sale establishments pursuant to
Section 41-196(g) of the SAMC, in accordance with the provisions of an on-
premises alcohol license by the California Department of Alcoholic Beverage
Control (ABC).
4. The business shall not offer entertainment in the form of live or amplified music as
an ancillary use without obtaining an entertainment permit. Notwithstanding this
requirement, music/noise shall not be audible beyond twenty (20) feet from the
exterior of the premises in any direction.
5. The eating establishment shall comply with the noise standards per SAMC
Sections 18-312, 41-2008(d), and 41-2008(g).
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6. The business and property owner shall maintain and adhere to a “Good Neighbor
Policy,” implementing measures to ensure that 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.
7. The Applicant shall submit a Security Cameras Plan, which will show the location
of, and procedures for, the installation and maintenance of interior and exterior
security cameras covering all entrances and exits. Footage must be retained for at
least 30 days and made available to the Santa Ana Police Department upon
request.
8. All employees involved in alcohol service, including servers, bartenders, hosts, and
managers, shall complete State-certified Responsible Beverage Service (RBS)
training prior to serving alcohol. Documentation of such training shall be maintained
on site and made available to the City upon request.
9. After 10:00 p.m., alcoholic beverages shall only be served in conjunction with the
purchase of food.
10. The business shall provide at least one (1) licensed security guard for every fifty (50)
patrons on site during the after-hours period (12:00 a.m. to 1:00 a.m. or as otherwise
authorized). Security personnel shall monitor both interior and exterior areas under
the operator’s control.
11. An electronic incident log shall be maintained at the licensed premises on a
continual basis with at least one (1) year of entries and be readily available for
inspection by any City official. The log is for recording any physical altercations,
injuries, and objectionable conditions that constitute a nuisance occurring in, on,
or at the licensed premises, including the immediately adjacent area that is owned,
leased, or rented by the licensee. The log will indicate date, time, description of
incident, and action taken. "Objectionable conditions that constitute a nuisance"
means disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public urination, lewd
conduct, drug trafficking, excessive loud noise, etc.
12. Security staff shall implement closing procedures designed to prevent loitering and
disturbances, including clearing queuing areas and dispersing patrons from the
immediate vicinity within fifteen (15) minutes of closing.
13. All security personnel and on-duty managers shall complete annual training in de-
escalation techniques and conflict intervention, including recognizing and
responding to potential domestic disputes.
14. The operator shall designate and maintain a well-lit waiting area for rideshare/taxi
services to minimize lingering patrons on public sidewalks and reduce the potential
for conflicts in public spaces.
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15. For the first twelve (12) months of operation, the operator shall meet quarterly with
the Santa Ana Police Department and/or City staff to review calls for service and, if
necessary, modify security or operational practices to address identified concerns.
16. If three (3) or more verified violent incidents attributable to the premises occur within
a twelve (12)-month period, the conditional use permit shall be scheduled for
Planning Commission review at the applicant’s expense to consider modification or
revocation of the CUP.
17. 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 Property Maintenance Agreement with the City of Santa Ana. The
Agreement shall be recorded against the property by the City and shall be in a form
reasonably satisfactory to the City Attorney. The executed Agreement must be
submitted to the Planning Division by the Applicant within 90 days of the approval of
this Resolution. The 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 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);
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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 Agreement and both
shall be jointly and severally liable for compliance with its terms;
f. The 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 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 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.