Loading...
HomeMy WebLinkAbout31A - CUP 2011-09 - 3701 WEST MCFADDEN AVENUE SUITE G-J REQUEST FOR .w...y COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 6, 2012 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT NO. 2011-09 ? As Amended ? Ordinance on 151 Reading (APPEAL NO. 2011-01) TO AMEND ? Ordinance on 2 Reading CERTAIN CONDITIONS FOR MARISCOS ? Implementing Resolution ZAMORA RESTAURANT AT 3701 WEST ? Set Public Hearing For _ MCFADDEN AVENUE, SUITES G-J, JOSEFAT ZAMORA, APPLICANT CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving modifications to Conditional Use Permit No. 2011-09 (Appeal No. 2011-01). PLANNING COMMISSION ACTION On December 12, 2011, the Planning Commission granted Appeal No. 2011-01 and adopted a resolution approving modifications to Conditional Use Permit No. 2011-09 as conditioned by a vote of 5:2 (Acosta, Yrarrazaval opposed) for Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G-J in the North Harbor Specific Plan (SP-2) zoning district (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino Executive Director Planning & Building Agency VC:rb vc/reports/appeall l-01 mod cupl1-09 Mariscos Zamora ABC= Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 I REQUEST FOR Planning Commission Action 9 PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY DECEMBER 12, 2011 APPROVED TITLE: ? As Recommended PUBLIC HEARING - APPEAL NO. 2011-01 ? As Amended FILED BY JOSEFAT ZAMORA TO AMEND ? Set Public Hearing For CERTAIN CONDITIONS OF CUP NO. 2011-09 DENIED FOR MARISCOS ZAMORA AT 3701 WEST ? Applicant's Request MCFADDEN AVENUE, SUITES G-J ? Staff Recommendation CONTINUED TO Prepared by Verny Carvajal QfQ~ QA.( HY~L_" Executive Director Planning eager RECOMMENDED ACTION Adopt a resolution denying the applicant's request to extend the hours of alcohol sales until 2:00 a.m. (Appeal No. 2011-01), thereby confirming the Zoning Administrator's decision of November 2, 2011. Request of Appilcont Josefat Zamora is requesting approval of an appeal application to modify Conditional Use Permit No. 2011-09 and allow extended hours of operation for the Mariscos Zamora restaurant. Protect Location and Site Description Mariscos Zamora restaurant is located within an existing, multi-tenant comrnercial development that is located at the northeast corner of McFadden Avenue and Harbor Boulevard. The site is approximately 247,400 square feet in size and contains 10 single-story buildings ranging in size from 4,900 to 30,600 square feet. The total area for the restaurant is 3,280 square feet. The site has a total of 356 on-site parking spaces (Exhibits 1 and 2). Protect Description The applicant is requesting modifications to Conditional Use Permit No. 2011-09 to permit karaoke and strolling musicians and to extend hours of alcohol sales from 12:00 a.m. to 2:00 a.m. at the existing restaurant. Specifically, the applicant is proposing to amend Condign No. 8, which limits the sale of alcohol from 7:00 a.m. to midnight; and Condition No. 9, which prohibits karaoke and strolling musicians. No tenant improvements are proposed as part of this project. The restaurant is a full service, sit-down eating establishment that currently accommodates approximately 76 patrons within its dining room (Exhibits 3 and 4). EXHIBIT A 31A-3 Appeal No. 2011-01 December 12, 2011 Page 2 Project Background and Zoning Administrator Action Mariscos Zamora is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since December of 2000. The restaurant was originally approved as the Dos Amigos Restaurant in 1997, which operated under Conditional Use Permit No. 1997-15 allowing for a Type 41 ABC license covering Suites H and I. The owners of Mariscos Zamora subsequently requested an amendment to the original CUP and it was approved on September 25, 2006. The amended CUP (CUP 1997-15 Modification) allowed for the expansion of the restaurant into adjacent Suite J. In 2011 the business owner proposed a further expansion into Suite G and also requested an amendment to the existing condition of approval (Police Condition No. 8) to allow for the extension of their hours of alcohol sales until 2:00 a.m. (CUP 2011-09). A Zoning Administrator hearing to consider the application was held on April 27, 2011. During the public hearing, in addition to the request for extended alcohol sales hours, the applicant requested a modification to Police Condition No. 9 to allow for strolling musicians, karaoke and a jukebox. The Zoning Administrator considered this information and continued the item to May 18, 2011. On May 18, 2011 the Zoning Administrator approved the expansion into Suite G and modified Police Condition No. 9 to permit a jukebox, with the proviso that it not be audible beyond 20 feet of the business. The request for extended hours of alcohol sales, strolling musicians and karaoke was not approved; however, the Zoning Administrator offered to re-review the applicant's request in six months to give the applicant time to establish a track record of compliance with the new conditions. This six-month period would have expired in late December 2011. As is the regular process for such approvals, on June 13, 2011, the Planning Commission confirmed the Zoning Administrator's action as part of the Consent Calendar. However, on August 19, 2011 the applicant contacted the City prior to the established six-month review period to request a review of the existing conditions of approval to allow karaoke, strolling musicians, and extended hours of alcohol sales. The applicant asked that staff consider the request earlier in order to allow the restaurant to remain competitive and meet customer demands during the peak holiday season. Staff agreed to present this information to the Zoning Administrator. A Zoning Administrator hearing was held on October 26, 2011 for Conditional Use Permit No. 2011-09. Prior to the ZA hearing, two phone calls and a letter were received expressing concerns with noise and public safety related to the proposed live music and extended alcohol sales hours. Additionally, concerns were expressed relating to excessive window signs and exterior advertising promoting the availability of alcoholic beverages, both in violation of the existing CUP. This letter was presented by staff at the ZA hearing and three members of the public were in attendance. Two members were in support of the application and explained the benefit of extended alcohol 31A-4 Appeal No. 2011-01 December 12, 2011 Page 3 sales hours and options for entertainment, while the other member expressed his issues with the window signs and lack of compliance with the existing conditions of approval. The Zoning Administrator instructed the applicant to comply with existing conditions of approval, and instructed them to remove all unpermitted window signs and temporary flags. He concluded by continuing the item for one week in order to allow the Police Department and Planning Division to verify compliance with all existing conditions. On November 2, 2011 the proposal was reevaluated by the Zoning Administrator. At this meeting, the Planning Division presented photographs of the site showing that the illegal signage had been removed as requested by the Zoning Administrator. The Zoning Administrator expressed his concerns that the applicant had not yet established a strong track record of compliance, but elected to approve the request to further modify Police Condition No. 9 to permit strolling musicians and karaoke and denied the request to amend Police Condition No. 8 to extend the hours of alcohol sales. In summary, with the exception of the extended alcohol sales hours, all of the applicant's requests for modifications to the CUP were approved. On November 7, 2011 the applicant appealed the Zoning Administrator's decision denying the extended hours of alcohol sales (Appeal Application No. 2011-01). The applicant states that the extended hours of alcohol sales are necessary to remain competitive with other businesses in the area. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is surrounded by commercial uses to the north, south and west, and industrial uses to the east. The parcel is located within the General Commercial sub-zone of the North Harbor Specific Plan (SP-2) zoning district. The SP-2 zoning district allows for retail and service uses, such as restaurants, making the proposed use consistent with the zoning code. Prowect Analysis The following analysis will focus on the issues regarding the extension of the hours for alcohol sales until 2:00 a.m. at Mariscos Zamora. Police Condition No. 8 of CUP 2011-09 states that: "Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m." 31A-5 Appeal No. 2011-01 December 12, 2011 Page 4 Mariscos Zamora is located within the General Commercial sub-zone of the North Harbor Specific Plan (SP-2). This zone does not require an after-hours permit for restaurants, such as those that are located within 150 feet of residential uses in other commercial zones. Under the existing zoning, and without any additional discretionary approvals, Mariscos Zamora currently has the ability to operate 24 hours. The condition of approval that restricts their hours of operation until 12:00 a.m. only pertains to the sale and service of alcohol. That condition has existed since the time of their original approval in 1997. Therefore, the findings of fact that follow are restricted to the extension of the hours of sales and service of alcohol. The Santa Ana Municipal Code (SAMC) Section 41-645 establishes a process for appeals. Findings for an appeal are contained in Section 41-638 of the SAMC. Appeals may be granted when the following findings can be made: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the appeal. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the appeal, staff believes that the following findings of fact warrant denial of the applicant's appeal to extend the hours of alcohol sales. • The request for extended hours of alcohol sales will not provide a service or facility which will contribute to the general well being of the neighborhood or community. Within a one-mile radius of the project address there currently exist 37 ABC licenses. 31A-6 Appeal No. 2011-01 December 12, 2011 Page 5 Type 20 Off-site sale of beer and wine Pacific Market 511 N. Harbor Blvd. 7 Eleven 103 S. Harbor Blvd. Wong Am Pm Inc 2646 W. First St. Cal Va Dairy 4201 W. First St. First & Fair Market 2715 W. First St., A Two Brothers Market 3610 W. First St., A Lucky Center Market 3502 W. Fifth St. R Ranch Market 2521 W. McFadden Ave. 7 Eleven Store 2745 W. McFadden Ave. Wal Mart Store 3600 W. McFadden Ave. Type 21 Off-site sale of beer, wine, and distilled spirits CVS Pharmacy 228 N. Harbor Blvd. Northgate Market 230 N. Harbor Blvd. Susies Liquor Market 914 N. Harbor Blvd., F Nadys Market 652 S. Harbor Blvd. Northgate Market 770 S. Harbor Blvd. Dans Liquor 950 S. Harbor Blvd. Bottle Liquor 4502 W. First St. El Super 3700 W. McFadden Ave. On-site sale of beer only (Type 40) or beer and wine (Type 41) in Type 40, 41 conjunction with a restaurant Lindo Guerrero Bar 2545 W. McFadden Ave. Colima Mexican Restaurant 130 N. Fairview St., A El Nuevo Monterey 601 N. Harbor Blvd. El Rey Del Marisco 914 N. Harbor Blvd., F Alfonsos Mexican Food 650 S. Harbor Blvd. Taqueria Guerrero 938 S. Harbor Blvd. Pho & Che Cali Restaurant & Bakery 120 S. Harbor Blvd., M Favori Restaurant 3502 W. First St. Cay Dua Restaurant Inc 3522 W. First St. Newport Seafood Restaurant 4411 W. First St. Ngoc Duong Restaurant 4504 W. First St. Pho Tau Bay Ltt 3610 W. First St., C Hen Ho Restaurant 4702 W. First St., F Mariscos Ensenada Restaurant Inc 3622 W. Fifth St. Casa Oaxaca 3317 W. First St. On-site sale of beer, wine, and distilled spirits in conjunction with a Type 47 restaurant The Red Turtle 1019 S. Fairview St. Willowick Golf Course 3017 W. Fifth St. Type 42, 48 On-site public premise sate of beer and wine (Type 42) or beer, wine and distilled spirits (Type 48) - no food service required El Fracaso Bar 701 N. Harbor Blvd. El As De Oros 3331 W. First St. The Tenam a Inn 4522 W. First St. 31A-7 Appeal No. 2011-01 December 12, 2011 Page 6 Of those, 15 are for restaurants that sell beer and wine for on-site consumption (Type 41) similar to Mariscos Zamora. The following table illustrates the restrictions on hours of alcohol sales and service currently existing in the area. Due to the fact that most of these restaurants were approved prior to the establishment of the City's regulations and permitting processes regarding alcohol sales, they have few added conditions of approval and no City restriction on the hours of alcohol sales. It should be noted that ABC limits the sale of alcohol until 2:00 a.m., unless the City imposes more restrictive conditions, in which case, ABC includes the City's condition on the applicant's license. Address Name Restrictions 3701 West McFadden, Suites G-J 7c, ariscos Zamora (subject) 7:00 a.m.-12:00 a.m. 130 North Fairview Street, Suite A oima Mexican Restaurant No City Restriction 601 North Harbor Boulevard El Nuevo Monterey No City Restriction 914 North Harbor Boulevard, Suite F El Rey Del Marisco No City Restriction 650 South Harbor Boulevard Alfonsos Mexican Grill No City Restriction 938 South Harbor Boulevard Taqueria Guerrero No City Restriction 120 South Harbor Boulevard, Suite M Pho & Che Restaurant No City Restriction 3522 West First Street Cay Dua Restaurant 8:00 a.m.-12:00 a.m. 3502 West First Street Favori Restaurant No City Restriction 4411 West First Street Newport Seafood Restaurant Unavailable 4504 West First Street Ngoc Duong Restaurant 9:00 a.m.-12:00 a.m. 3610 West First Street, Suite C Pho Tau bay Restaurant No City Restriction 4702 West First Street, Suite F Hen Ho Restaurant No City Restriction 3317 West First Street Casa Oaxaca No City Restriction 3622 West Fifth Street Mariscos Ensenada No City Restriction The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city-imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one-mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, 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 sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit- down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and/or vice- related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP-2 zoning district. 31A-8 Appeal No. 2011-01 December 12, 2011 Page 7 • The requested extension of the hours of alcohol sales, service and consumption will adversely impact the economic stability or future economic development of property in the surrounding area by exacerbating the existing condition of a high number of unrestricted alcohol-serving establishments. The Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community, which can destabilize an area and make it less attractive as a commercial location and negatively affect the economic well-being of the neighborhood. The denial of this appeal would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions purely on fiscal considerations, but also the qualitative implications of the action. • Although the site is outside of the area requiring a separate CUP for after-hours operations, Police Condition No. 8 is specific to the regulation of the hours for sales and service of alcohol. The City has additional standard conditions of approval that are applied to all requests for alcohol sales. By affirming the Zoning Administrator's decision to not modify this condition, the project would be in compliance with similar approvals. • The proposed expansion of hours of alcohol sales, service and consumption will conflict with the established goals and policies of the General Plan and the North Harbor Specific Plan. The request for extended hours for the sale of alcoholic beverages is inconsistent with Policy 2.5 of the General Plan, which seeks to balance economic benefits of commercial development with any potential impacts to the community's quality of life. Further, the North Harbor Specific Plan (SP-2) contains goals and objectives that seek to support the adjacent residential neighborhoods. Examples of these objectives include the provision of full service, sit-down, family-style restaurants. The extension of hours for alcohol sales does not serve to strengthen the family-style orientation of the restaurant that is the subject of this application. The Harbor Specific Plan also establishes the goal of providing assertive policing and community service programs to alleviate crime and social problems along the corridor. Upholding the Zoning Administrator's denial of the modification to the condition restricting the hours of alcohol sales would support the goal of alleviating crime and social problems. Police Department Analysis The Police Department evaluated the applicant's request and also concluded that an extension of hours related to the sale of alcohol would create a potential for a nightclub and other uses not covered under the Type 41 ABC license category. Further, the prevalence of prostitution activity in this area and the presence of a large number of unrestricted alcohol serving establishments makes it an unsuitable location for the extension of alcohol sales hours. 31A-9 Appeal No. 2011-01 December 12, 2011 Page 8 Public Notification The project site is located within the Santa Anita neighborhood and near the boundaries of the Riverview West neighborhood. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. However, members of the public did submit written protests and appeared at one or more of the public hearings that considered the original request. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-32 will be filed for this project. Conclusion Based on the analysis provided within this report, the Zoning Administrator's denial of the extension of the hours of alcohol sales is recommended to be upheld by the Planning Commission, thereby denying the applicant's appeal. Verny Carv al Vince Freoso, A P Senior Planner Principal Planner VC:jm vdreporWappeaN 1.01 mod cup11.09 Mariscos Zamora ABC. 121211.pc Attachments: Exhibit 1 -Vicinity Map Exhibit 2 Location Map Exhibit 3 - Floor Plan Exhibit 4 - Site Plan 31 A-10 J_ 11---~J tlRl•9- ~~J p k it2 1 SD II 1 I Cuo R2 D ,1 g,pn _ A1_~i R} u,,y 36 n 1 1 it m) P2 IimpJ1; I - gi~PPD 1 ='1 ; 54- R' 2 A2 A2 R2 R2 R2 _ J / //tI 1) Ai Al RI ---Jt - 1 R2 R2 "ii ~\C--~r--^t r $ j1t'4 faD RI-PAD h tl 11 _ - !J t yl_ __1 I u, 11 11 I7 P2- U 1------, Al IS ~1 no / ~ 4 1 SP-2 f C2 1' x< -2 SF2 Sy2 Sr-2 SP2 t m t2if J CS C2=TrC2 tlr~~ ICdj-= --a~ I - k SP-2 '~'"~Fr sp-t 1 IR2 + "kill ~~SQ•49~1 (1 Nvs 3 SO-32 R2 it 1 t 1 g4 n . n- \n R2 MI li EI 11 At U x.1 11 II FI 1 R2 sp- I 02 yy I'JIJ=J_ s' 2 m R2 \ /1 I Jltl•PAD TD24 _ 1 1 Et IV11 1 x r---/~• I JI \1 +J 1E 12t~+011 t`====__- A2 R2'._R~/`\\~ 03 txt ' li II Tl 1I 11 I R2 1 tFIl 1\\t~ l0 J~J J+ I! `'It SP-2 I .J ' tl II° tt tJ _ 113 R2 -=1,---1 IP^It--Ir-,r-~r-Ir-l, I R2 R2 R2 w et »„tl ,1 It li tl It Ii S2 R2 1 A} ! II ,I_R_.1_~1_~t + n< 8 2 2 S In Ir-Fr-l rlr-~r-Il-=,t ~R2 A R2 ¢ I -^~1 iF ll 11 !F !1 II li i I R) < A) It---lt---t It 11 11 II 11 II ~w At - x. -Jf --ii i IL SP-2 ' 1 A t I ~i 1 ==1 SP. I ' Al 2 Rl vJ i~,`~ \JI fl w,marrr , \ \ ~__H 2 D uLu • I 1! ~I lj R2 Rt Rl R2 € , \`~~yJ Il Al AI At Rl RI R2! I---~~---J! ! - •y PADOE2! v x, AS s us< 0 R1 R1 Ij R} Rl wI.wm SP 2 ~ / SP 2 o PROJECT' A' R1 I R1 II R1 R1 R} SCTE Rl RI RI s As R1 r al R) RI RI , R1 Al I'll R1 WKM R1 ' At RI RI R1 bk - R) Rt : - R1 ' F Rnu<--^ R1 R1 1 Rl RI Al D 1-,a R1 R} R1 qt SP-2 ?SP-2 " r l } Al At RI RI r~x j = Rt Rl I ur _ Rl 1 RI RI Al RI RI j/ 4~---I R) i li Ii d ~i I : ~'o !L_, 0 o" 9 ' I R1 R1 R1 RI R1 At GENERALAGRICULTURAIf 5 CR COMMERCALRESIDENIAL AI 9NGLE AMItYRESlOfNa •8 PARXINGMODIFKADON GC GOVEWNMENICEN ER R2 TWO-FMYLYAESIDENCE GSM CCM'IMERCIALSOUTH MAIN MI UGFRINOUSTMAL A3 MULnPLE-FAMIY RESIDENCE CI COMMUNIfYCOMMEROAL M2 HEAWINDUSTIOAL R4 SUBURBAN APARTMENTS CI-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARYOPERAIIONS IIE REWDENMLESTATE C2 GENMLCOMM£RCtAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CEN TMI.AUSNESS P PROFESSIONAL SP SPECIFICPtm C3•A COMI.RUSONESS-ARTIST'VILLAGE PCD FLANNEOCOMMUN)YOEYFLOPMENT C4 PUIHNEOSHOPPINGCEHI£R PAD PLANNED AESIOEh1K DEVELOPMENT CS ARTERIALCOMMERCIAL CUP 11-09 JOSEFAT ZAMORA' 3701 WEST MC FADDEN AVENUE, SUITE G J - - 500 FEET I'=1000 FEET P I A N N I N G A N D 8 U I L D I N G A G E N C Y EXHIBIT 1 31 A-11 CDMMERGI ~L 2 UN1 REST EH71 l A L L E Y < u f O u Q J J ~ U J - co I N 0 U S 7 R I A l 0 W ;:SITE,`.'<.,: ~ O 0 to O ~ u MC FADDEN AVENUE QDMMfRCIAt C 0 M M E R C I A L CUP 11-09 JOSEFAT ZAMORA 3701 WEST MC FADDEN AVENUE, SUITE G-J P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A-12 u • r w co ~44H 0 O~ Z v 7p o~ rr w n w t \J X i, VJ z v O Y~ Cl) SQL 3 , ~ 3 R v ti 3 LL.' 0 o~ «p _ a MA43 ~1;.0$046,Ila b t .4 +4 ~ t3 i 3F' ~ ~ e- ALI Cc L! 13~J 73k~ UH4f i 'C: iS'1s G'; U<j ' I i o s\ N i_ qq - c co U ~.,i asp co g a z i f I.i 1 I z° 3 all r . - ccq a i Z ~ ~ ~ 1 3iT• L~ ~ ~ .0 G pp dti o6 e 3 2 a = fid f2 y3 K,-H r ~ ~ L ~ z yo ~ 21a . Y Ll ~ L 6 ~ Lac _ ~ - _ ° ° ~ a ~ tit mill Q v = b~ fill s •~soob'r/ •~sooa'r~ ~ + Ei • sooe'r~ ~ c~ s V1 I I I Ik I - I i I>`~ - ---r 8 ' I - _ /f upa Mairn~ ~ 1 $~Q~ .Spy . 1 (I E I A1LI 111"JIll1..'- Xg- M1~Ln61Yn~1AYhW/~YlM'STQV~Ys1 1 v\y 1,t ~J~~f~ EXHIBIT 4 . Y 1" :Y WIiYL SODSIIt. -1N •i NQ 1{ rdX3 ROH - 12/12/11 RESOLUTION NO. 2011-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2011-09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3701 WEST MCFADDEN AVENUE, SUITES G-J (APPROVAL OF APPEAL NO. 2011- 01) 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. The applicant is requesting approval of modification of Conditional Use Permit No. 2011-09 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer and wine at the restaurant located at 3701 West McFadden Avenue, Suites G-J. B. Conditional Use Permit No. 2011-09 came before the Zoning Administrator of the City of Santa Ana on April 27, 2011, for a duly noticed public hearing. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 2011. On May 18, 2011, the Zoning Administrator approved Conditional Use Permit No. 2011-09. C. Conditional Use Permit No. 2011-09 again came before the Zoning Administrator of the City of Santa Ana on October 26, 2011, for a duly noticed public hearing. On October 26, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to November 2, 2011. On November 2, 2011, the Zoning Administrator approved modification of the condition pertaining to live entertainment, but denied the request for a modification to extend the hours of alcohol sales until 2:00 a.m. D. The applicant is requesting approval of an appeal application to modify Conditional Use Permit No. 2011-09 and allow extended hours of alcohol sales until 2:00 a.m. for the Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G-J. E. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Appeal No. 2011-01 (Conditional Use Permit No. 2011- 09). 31A-15 Resolution No. 2011-18 Page 1 of 3 F. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. G. Santa Ana Municipal Code Sections 41-649 and 41-638 authorize the Planning Commission to modify a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use provides a service or facility which will contribute to the general well being of the neighborhood or 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, under the circumstances of the particular case and with conditions of approval, would not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will be beneficial to the present economic stability or future economic development of properties surrounding the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed use complies with the regulations and conditions specified in Chapter 41 for such use. 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 or any specific plan of the City. H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-32 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Appeal No. 2011-01, thus approving modifications to Conditional Use Permit No. 2011-09 as conditioned by the Zoning Administrator in Exhibit "A" attached hereto 31A-16 Resolution No. 2011-18 Page 2 of 3 and incorporated herein, as well as overturning the Zoning Administrator's decision to deny the request to sell alcohol until 2:00 a.m., thus amending Police Condition number 8 to allow sales of alcohol until 2:00 a.m.. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 12, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of December, 2011 by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Turner (5) NOES: Commissioners: Acosta, Yrarrazaval (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant 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. 2011-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2011. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2011-18 31 A-1 7 Page 3 of 3 Modified Conditions for Conditional Use Permit No. 2011-09 Conditional Use Permit No. 2011-09 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 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 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. A. Planning Division 1. Conditional Use No. 97-15 and associated findings and conditions shall become null and void should Conditional Use Permit No. 2011-09 be approved. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-3. 3. 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. 4. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. Submit a planned sign program for review and approval to include regulation of temporary signs, window signs, freestanding and wall signs as permitted by Chapter 41-860. Exhibit A Page 1 of 4 31 A-18 7. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 8. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 9. The trash enclosure area must be cleaned and be kept in clean condition at all times. 10. There shall be no parking on designated Fire Department fire lanes or any other prohibited areas. 11. There shall be no outdoor sales or consumption of alcohol. B. Police Department 1. The existing restaurant and the entire parking lot of the restaurant must conform with 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. 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, condition 1 must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 5. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise. 7. Install a silent armed robbery alarm. 8. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 42:00 a.m. (Request for modification by the Planning Commission on December 12, 2011) Exhibit A Page 2 of 4 31 A-19 9. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time. A juke box is allowed as background ambient noise so long as the noise level is not audible beyond twenty (20) feet of the business. In addition, non-amplified acoustic music such as strolling musicians and karaoke are permitted provided that the noise level is not audible beyond twenty (20) feet of the business. (Request for modification by the Zoning Administrator on November 2, 2011) 10. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operate as a public premises. 11. 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. 12. There shall be no coin-operated games or pool table maintained on the premises at any time. 13. 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. 14. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 15. The sale of beer and/or wine for consumption off the premises is prohibited. 16. All pay telephones shall be located on the interior of the premises. All interior pay telephones must be designed to allow outgoing calls only. 17. The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. 18. There shall be no fixed bar or counter at which the service and consumption of alcoholic beverages is allowed. 19. The service of alcoholic beverages shall be by waiter/waitress service only. 20. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. Exhibit A Page 3 of 4 31A-20 21. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants. 22. Conditional Use Permit No. 2011-09 shall be reviewed at six months by the Zoning Administrator and at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 23. Ancillary music shall not be audible beyond the area under the control of the licensee. 24. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 25. The premises shall not be operated as an adult entertainment business as such term defined in SAMC Section 41-1701.6. 26. Alcoholic beverages may not be sold through self-service displays or coolers, which are the open display of alcoholic beverages accessible to the public without the assistance of a clerk. 27. This land use authorization is only for a Type 41 on-sale beer and wine, public eating place. Any other license use at this location will require a new land use clearance. 28. A timed-access cash controller or drop safe must be installed. Exhibit A Page 4 of 4 31A-21 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 2"d Floor, Santa Ana, California 92702. 1 served the foregoing document described as: Resolution No. 2011-18 Conditional Use Permit No. 2011-09 (Appeal No. 2011-0 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Josafat Zamora Joshua Bereny, Esq. 3701 West McFadden Avenue McFadden Harbor Plaza, LLC Santa Ana, CA 92704 15760 Ventura Blvd., 16th Floor Encino, CA 91436 [ ] 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 RAM I REZ 31A-22