Loading...
HomeMy WebLinkAbout2010-13• RESOLUTION NO. 2010-13 ROH - 08/23/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT N0.2010-04 AS CONDITIONED TO OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 5:00 A.M., CONDITIONAL USE PERMIT NO. 2010-05 AS CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, AND CONDITIONAL USE PERMIT NO. 2010-06 AS CONDITIONED TO OPERATE A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 301-307 NORTH SPURGEON 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. 2010-04 to operate a restaurant between the hours of 8:00 a.m. to 2:00 a.m., • Conditional Use Permit No. 2010-05 to allow a Type 47 Alcoholic Beverage Control (ABC) license, and Conditional Use Permit No. 2010-06 to allow a banquet facility, for the property located at 301-307 North Spurgeon Street. •. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., the sale of alcoholic beverages for on-site consumption, and the operation of a banquet facility C. On August 23, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010-05, and Conditional Use Permit No. 2010-06. 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, gave been established for Conditional Use Permit No. 2010-04 to allow for after hours operation: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? • Resolution No. 2010-13 Page 1 of 11 The proposed Yost restaurant/entertainme~nt venue after- . hours operation will allow for food-related amenities and events for the community. Conditions have been placed on this operation to mitigate any potential problems created by the use. 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 permit for after-hours operation at the Yost Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. Sensitive land uses are located 250 feet or more away, and all after-hours entertainment will be held indoors to mitigate the impacts to surrounding properties. 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 center that is suitable for the proposed use. The establishment of this restaurant/entertainment venue promotes. a balance of land • uses which enhances the City's economic and fiscal viability. Peak hours of operation will be in the evening, which does not conflict with the peak hours of nearby retail shop, so will not cause parking conflicts in the public lots. Offering a variety of land uses in the area actually serves to strengthen the economic base. 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 business operating after the hours of 12:00 a.m. 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to recreate and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and • fiscal viability. Therefore, a variety of land uses that serve Resolution No. 2010-13 Page 2 of 11 the public are necessary to offer a wide range of goods and • services. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2010-05 to allow for a Type 47 ABC license: 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 alcohol beverage license use will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 license for the on-sale of beer and wine and distilled spirits at the Yost Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative.or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. 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 center that is suitable for the proposed use. The establishment of this restaurant/entertainment venue promotes a balance of land uses which enhances the City's economic and fiscal viability. Alcoholic beverages on the menu at the Yost Restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. 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 Resolution No. 2010-13 Page 3 of 11 restaurant selling beer and wine and distilled spirits pursuant • to 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to recreate and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and fiscal viability. Therefore, a variety of land uses that serve the public are necessary to offer a wide range of goods and services. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2010-06 to allow for a Banquet Facility: 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 use will provide an added amenity to the existing restaurant and catering service, thus providing a beneficial advantage to the community through a local banquet and meeting venue. Conditions have been placed on the banquet facility, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect or be injurious to 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 use, the addition of the banquet facility use to the existing restaurant and catering service_ ,will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The banquet and private events will occur inside of the premises and are a critical part of the operational needs of the Yost. Moreover, conditions are imposed to mitigate any potential impacts to those in the • vicinity. Resolution No. 2010-13 Page 4 of 11 r~ 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.46-acre site is a commercial establishment that is suitable for the proposed use. A banquet facility at the Yost will only serve to increase the patronage to the business, thereby enhancing profitability and identifying the use and site as economically stable and viable for the surrounding properties in the area. 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 banquet facilities pursuant to 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. Banquet facilities are permitted within the District Center (DC) General Plan designation and the Downtown (DT) zoning district. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. G. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2009-82. • Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010-05, and Conditional Use Permit No. 2010-06 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. 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 August 23, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of August 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2010-13 Page 5 of 11 • ~/ f ; Eric~Aa'der Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~. By: Ryan O. Hodg Deputy ity Att ney CERTIFICATE OF ATTESTATION AND ORIGINALITY • ~J I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 23, 2010. ~~~ ~ v Date: ~ ~~~ ~~~ Secre ry of the Planning Com ' sion City of Santa Ana Resolution No. 2010-13 Page 6 of 11 Conditions for Approval of Conditional Use Permit Nos. 2010-04, 2010-05, and • 2010-06 Conditional Use Permit Nos. 2010-04, 2010-05, and 2010-06 are approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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. (Added language underlined, deleted language in strikeout.) A. Planning Division 1. The banquet facility shall comply with the following development and operational standards. a. All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area • or machine, employee sink and mop, and appropriate counter/service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the chief of police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with police department standards. 2. All proposed site improvements must conform with the. Site Plan Review approval of DP No. 2009-29. 3. Conditional Use Permit Nos. 2010-04, 2010-05 and 2010-06 become effective upon the approval of the remaining entitlements for the project (Lot Merger PWA-2010-397) Resolution No. 2010-13 Page 7 of 11 4. 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. B. Police Department 1. 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. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. 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 on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the 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 areas. . 5. The applicant(s) or an employee of the licensee(s) will be present in the patio and theatre areas of both the Yost and Ritz (when the Phase II Ritz portion is completed) at all times that alcoholic beverages are being served or consumed. (Revised by Planning Commission August 23, 2010) 6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 7. 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. 8. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within ~ 24 hours of being applied. (Revised by Planning Commission August 23, 2010) 9. There shall be no pool tables, amusement machines or video games • maintained on the premises at any time. Resolution No. 2010-13 Page 8 of 11 10. Amplified music shall not be played outside the premises. Music/noise • shall not be audible beyond 20 feet from the exterior of the premises in any direction. 11. Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner shall be responsible for monitoring the queuing lines at all times. 12. Alcohol shall not be served to patrons waiting to enter the establishment. 13. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. 14. The applicant shall submit a monthly schedule of concerts and events to the police department. 15. The applicant must submit a security plan for police department review and approval. 16. At all times that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for keeping the • peace. 17. In addition to the above number of guards, the applicant shall provide a minimum of one State licensed uniformed security guard to ensure patron safety when going to and from the sleta~ed surface parking lot at Third and Birch Streets and the ~~~~+, nn„-Uo+~~".o parking structures at Surgeon and Fifth Streets. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area. (Revised by Planning Commission August 23, 2010) 18. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police Department. 19. This land use authorization is only for a Type 47 on-sale beer & wine, public eating-place, any other license use at this location will require a new land use clearance. • Resolution No. 2010-13 Page 9 of 11 20. Neither the applicant, nor any person or entity operating the premises with • the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC section 12-1 and 12-2. 21. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 22. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 23. Existing building 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. 24. Applicant i° +n .+iron+ ~~ ~++cnrlo +r~ r»rli ~+ +hc ~icc+~m~rl~c+ r»rLinn r~~~~rcvr- ra'cscnvice~ iv-pa~Tr-car-ate twill provide permanent directional signage instructing patrons to park in either of the parking structures located to the north of the project site at Spurgeon Street and Fifth Street. Any promotional materials for events te-be held at the T~ieater project site also shall include parking instructions directing patrons to use the • Spurgeon Street and Fifth Street parking structures. (Revised by Planning Comm~ss-on August 23, 2010) C. Fire Department Plans must note fire alarm system when submitted for plancheck. • Resolution No. 2010-13 Page 10 of 11 / 1 ~~ • STATE OF CALIFORNIA, COUNTY OF ORANGE 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 2"d Floor, Santa Ana, California 92702. PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) I served the foregoingg document described as: 2010-13 (Conditional Use Permit Nos. 2010-04, 2010-05 and 2010-06) in this action~y pp acing a true copy tt~o~ enTcTin sea a enve opes a ressed as follows: Dennis Lluy Yost and Ritz Inc. 307 North Spurgeon Street Santa Ana, CA 92701 Ryan Chase Fiesta Marketplace Partners 129 West Wilson St., Suite 100 Costa Mesa, CA 92627 Dennis Lluy 208 North Spurgeon Street Santa Ana, CA 92701 [ ] 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 September 14, 2010 at Santa Ana, California. • M R RAMIRE Resolution No. 2010-13 Page 11 of 11