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HomeMy WebLinkAbout31A - CUP - 300 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012-20 TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY - BRUCE MARSH, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2012-20 as conditioned. PLANNING COMMISSION ACTION On September 10, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-20 as conditioned to allow a restaurant to be used as a banquet facility by a vote of 6:0 (Alderete absent) for the Little Sparrow Cafe located at 300 North Main Street in the Downtown (SD84) zoning district. The Planning Commission approved modifications to Police Conditions to change "Amplified" to "Ambient" music; live entertainment must meet the standards and requirements set forth in Chapter 41 of the Santa Ana Municipal Code (Police Condition No. 4 and 13); and added a condition to prohibit the cover charge as related to live entertainment (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J6y-M. Trevino Executive Director Planning & Building Agency HS:rb hs\Historic info\LiftleSparrowCafe\cup12-18&20_LiffleSparrowAHROTH.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 10, 2012 TITLE: PUBLIC HEARING - FILED BY BRUCE MARSH FOR CONDITIONAL USE PERMIT NOS. 2012-18, 2012-19 AND 2012-20 TO ALLOW A TYPE 47 AND 58 ABC LICENSES, TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M., AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY Prepared by Hally Soboleske E ecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Man ger 1. Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-19 to allow a Type 47 and Type 58 ABC licenses as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned. Protect Description On August 15, 2012, the Zoning Administrator approved a Type 47 ABC license for the Little Sparrow Cafe. At its meeting of August 27, 2012, the Planning Commission voted to continue this project to its next regularly scheduled meeting so as to discuss the project in its entirety. Hal y Soboleske Associate Planner HS:jm hsUiiatoricinfo/LhUeSparrowCafe/cover_cup i 2-18-19-20_LittleSparrowcafeAHROTH.pc Attachments: August 27, 2012 Staff Reports EXHIBIT A Vince Fregoso A CP Principal Planner 31A-3 31A-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 27, 2012 TITLE: PUBLIC HEARING - FILED BY BRUCE MARSH FOR CONDITIONAL USE PERMIT NOS. 2012-18 AND 2012-20 TO ALLOW THE RESTAURANT'S HOURS OF OPERATION TO EXTEND PAST MIDNIGHT AND TO ALLOW THE RESTAURANT TO ALSO BE USED AS A BANQUET FACILITY Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manag6l 1. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned. Request of Applicant Bruce Marsh is requesting approval of conditional use permits for after-hours operation and a banquet facility at the Little Sparrow Caf6 at 300 North Main Street. Operations that occur after midnight, as well as a banquet facility use, requires a conditional use permit pursuant to Section 41- 2007 of the Santa Ana Municipal Code (SAMC), Transit Zoning Code. Proiect Location and Site Description The site is currently developed with a single-story 6,200 square foot commercial building. While described as a "noncontributing building", it is located within the National Register Historic District, and was built in 1916. The proposed restaurant will be occupying 2,622 square feet of the total structure and will be located directly at the corner. Parking is supplied by public parking structures including one that is immediately west on Third Street and owned by the City of Santa Ana, and one located at the northwest corner of Third and Birch Streets, owned by the City of Santa Ana. Both public parking opportunities are shared by all the businesses in the immediate area. There is also metered street parking on Third Street. Surrounding land uses include commercial on all sides, with residential land uses within 100 feet to the southwest (Exhibits 1 and 2). 31A-5 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 2 Project Descrintion The Little Sparrow Cafe is requesting approval of an after-hours conditional use permit so they may operate the restaurant until 2:00 a.m. and be similar to other restaurants in the downtown area. The proposed general hours of operation for the restaurant are from 6:00 a.m. to 2:00 a.m. seven days a week. The Little Sparrow Cafe would also like to be able to use the restaurant as a banquet hall in order to host private parties. This request is part of a larger project at the cafe which includes a conditional use permit for a Type 47 alcohol license and major interior renovations. The alcohol sales CUP was approved by the Zoning Administrator on August 15, 2012. Project Background This suite has traditionally been used as a restaurant, but has not been occupied since 1997. Bruce Marsh and Naseem Aflakian are a married couple who met in New York, and want to open their first restaurant together. Naseem lived in Santa Ana's Floral Park, and Bruce was raised in Floral Park, New York. They have moved to the Floral Park neighborhood here in Santa Ana. The Little Sparrow Cafe will also serve baked goods and pastries to go, and will be available for private parties. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land-use 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 parcel is located within the Transit Zoning Code (SD84)/Downtown (DT) zoning district. The SD84/DT zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • 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. 31A-6 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 3 • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area, but will augment it. • 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 conditional use permit. 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 conditional use permit request to extend business hours, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed after hours operations will allow the Little Sparrow Cafe to remain competitive with other restaurants in the area that also operate until 2:00 a.m. This will thereby benefit the community by providing a restaurant with varied business hours. The Little Sparrow Cafe will be open in the morning hours to serve breakfast. • The proposed operation of this restaurant until 2:00 a.m. will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use as all activities will occur indoors. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also operate until 2:00 a.m. Further, the extended business hours will allow the restaurant to remain economically viable and contribute to the overall success of downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • 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. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. 31A-7 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 4 Additionally, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to allow the restaurant to be used as a banquet hall, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed banquet hall will allow the Little Sparrow Cafe to remain competitive with other restaurants to allow for private parties. This will thereby benefit the community by providing a restaurant where private events can take place. The Little Sparrow Cafe will still operate as a full service restaurant, but the banquet hall will be an ancillary use. • The proposed banquet hall use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by this use. The Little Sparrow Cafe will still operate as a full service restaurant with all restaurant and banquet facility uses occurring indoors. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that have a banquet hall use. Further, the banquet hall use will allow the restaurant to remain economically viable and contribute to the overall success of downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet facility pursuant to Chapter 41 of the Santa Ana Municipal Code. • 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. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. Police Department Analysis The Police Department reviews conditional use permit applications for the after-hours operation and banquet halls due to the potential for adverse impacts on the surrounding community. This site is located within Reporting District No. 165. There are residential dwellings located within 100 feet of this proposed use. The Sycamore Lofts are located across the street to the south of this project. Due to their proximity to the restaurant, concerns exist with the potential to adversely affect the residents of the complex. Therefore, several conditions of approval are proposed for this license to mitigate any potential for impacts. These conditions, including those that address noise and crime, will mitigate potential impacts and help minimize calls for service to the restaurant. 31A-8 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 5 Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, the project site 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. The Home Owners Association for the lofts at Sycamore and Third Street was also contacted. 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 15301 Class 1 because it is an action by a regulatory agency to enforce a license, and will be in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-21 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012-18 and Conditional Use Permit No. 2012-20 as conditioned. Hally Sobo ske Associate Planner Vince Fregoso glop Principal Planner HS:jm hs%itBeSparrowCa(e/cup12-18&20_Li1UeSparrowCafeAHR0TH.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Zoning Map Exhibit 3 - Floor Plan 31A-9 SEVENTEENTH sr. J e tl J LJ F 3 uJ + ' U-i 7 1 1 1LJ ??+ + >sCt 1 i.i C1 C1 C1 1 v: tt 7' CS CS 1 SPJ P .7 R7 R3 a? - " I 1 1? SP.3 SP-3 ` Rl Ri R3• T-i GR3!. A3 ffi ffl +m+-03 3J +sP sP sP 0.3 RJ R1 T R3 _.a I-3 7 -3 •- Rl : [RI Rt R1 . Rt 2 R3- R3• i 0 n, Non Jwn - R3. ; S3 ! SP•3 SP-3 Noa 'P1 p-A ' SP-3 r P R us + R2 RR2 P P R2 53 $P-3 Rl R2 P R2 SP-3 1F!?. j5 R1 R2 R2 4 3 f l SP•3 a P R1 R1 R} a7 e P P: P I PP P-3 SP-3 SP-3 sDm sD-20 OP P SP.3 cc g? GC GC 5 oxaa-33:rn B ' 5484 48 4 _r 8 484 ?. ¦ .. SD•84 484 cCC11841 48 48 48 GC ?-,? ULLJJ r O _ ¦ SD-64 8 D 4 48 48 s s © suss P i SD-84 84 4841® 48 p R7 p mss SD-55 P _ ;' TOR 5484 _ •• 1 1 P O SD-13 SD-2 P10, ER ?? D-8 8 i 5684 i SD-84 P su3e I SD-j D-8 D- n 1 i?1n 1^111 f1F--1 f-1(-} f FTPST Al Ge4si U4CUL1UPW 02 COPAM8Z7ALFE3DRMAL RI 9NGLEFAMILYFI MUMAL -8 MMNGMODIRCATIDFJ GC G(VE"tBJTC84TER R2 TWOFAMILYFE4DNCE G-9A WAM8176.L80UMMA1N Ml UGMINDUMAL Rs MULT1RE08M MULTIPLE Ci C1OMMUNRYCOMMUWL M2 HEi4WINDl15fAAL FAMILYF45DBgCE Cl-MD 001.1M-00MMHUAUMUS3Wolsma KID MIUFAWCFHW1CNS R4 9JR,kBWAALRIMENTS C2 GENGIAL 0OMMEFOAL O OPEN SME W F€ADBfTIALESUNTE C3 CSMLaMNESS P ROFE39CWL S3 W-MFICDPv%0FNBNR O-A CKWIRMNESSARTISTNLLAG£ POD RANNEDOOMMIBMDMOPMW W SEJRCRAN G4 RANN®3-I0RiNGfD1FB2 PFU RANN®FESDUMALOLi iDWE dT 05 ARRRAL03fAM8Y2AL The Little Sparrow Cafe TY, CUP 2012-18 and 20 A ? cJY?A?z 300 NORTH MAIN STREET - = 500 FEET 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 1 VICINITY MAP 31 A-10 4TH STREET COMMERCIAL C M M E R I A L IC O N M R C I A L C O M M E R C I A L Project Site 3RD F J N Q U w t Li 0 V LA 2ND I F w w F vi C O M z STREET C O M M E R C I A L CUP 2012-18 and 20 300 NORTH MAIN STREET 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 LAND USE MAP EXHIBIT 2 31 A-11 STREET Ttl 9 e! [?? . . ?z ide f i=ifr3e i1 [ c <- "! s! I X DL26 `Ya tlNVtn$133k1S NNWHl}aN OOE f lid I $? I I I S ( I I !E N m6m . q i f Y? ? ? ? 133FI1SMItliYH1H6NaDE i?d:ii? Ll_I t , ? ? I I O° a NO11t/AON3H 3Jd0 JIHdd In0-ij , 3 G I 1'? ..s ,1 3<?!!E ??i(Fi I I l l l l? l! ?$ ?B ¢ygg Al A, ? ? e e e ;? E ? sR z 9^3 '? a" "? $ qH. gill 3 ?? 6 e all ?????? ? Q Q QOE?OOaL3®B B:F?Xen? '14'K12 ROH - 09/10/12 RESOLUTION NO. 2012-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-20 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY FOR THE PROPERTY LOCATED AT 300 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. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned for the property located at 300 North Main Street. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for the operation of a banquet facility. C. Conditional Use Permit No. 2012-20 came before the Planning Commission of the City of Santa Ana on August 27, 2012, for a duly noticed public hearing. On August 27, 2012, the Planning Commission continued the public hearing to September 10, 2012. On September 10, 2012, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012-20. 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 for Conditional Use Permit No. 2012-20 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 banquet hall use will allow the Little Sparrow Cafe to remain competitive with other restaurants in the area that also offer private parties. This will thereby benefit the community by providing a restaurant that may be booked for private affairs. 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? Resolution No. 2012-09 Page 1 of 5 31 A-13 The proposed banquet use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed banquet hall use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also allow private party events. Further, banquet hall use allows the restaurant to remain economically viable and contributes to the overall success of downtown Santa Ana. 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 operating after midnight 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301 Class 1 because it is an action by a regulatory agency to enforce a license, and will be in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-21 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. 2012-20 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 27, 2012 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2012-09 Page 2 of 5 31A-14 ADOPTED this 10th day of September 2012 by the following vote: AYES: Commissioners: Acosta, Gartner, Mill, Nalle,Tumer,Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) James Gartner Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, 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. 2012-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 10, 2012 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-09 Page 3 of 5 31 A-15 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2012-20 Conditional Use Permit No. 2012-20 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-1. 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. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 5. All banquet facility use activities to take place indoors. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. 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. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. Resolution No. 2012-09 Page 4 of 5 31 A-16 AUGUST 27, 2012 PAGE 2OF2 4. Amplified Ambient 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. (Modified by the Planning Commission September 10, 2012) 5. 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. 6. 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. 7. 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. 8. 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 door/window locking devices and addressing be upgraded to current code standards. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12. A timed-access cash controller or drop safe must be installed. 13. There-s#aalbe-R) GE)Rd Gt OF enteFta;,;ment allowed on the ffemi6es as prohibited by GhapteF 12 of the Santa ARa MURiGipal Cede (SAMC4 Indoor entertainment must be in compliance with the Santa Ana Municipal Code S( AMC). (Modified by the Planning Commission September 10, 2012) 14. Install a silent armed robbery alarm. 15. No cover charge allowed as defined in chapter 41 of the Santa Ana Municipal Code (SAMC) as to live entertainment. (Added by the Planning Commission September 10, 2012) Resolution No. 2012-09 Page 5 of 5 31 A-17 31 A-18