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HomeMy WebLinkAboutZA FULL PACKET 2012-08-15AUGUST 15, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona CONDITIONAL USE PERMIT NO. 2012-12 (Rally Soboleske) Filed by Bob Quinn to allow The Playground restaurant a conditional use permit for an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits at 220 East Fourth Street, Suite 102 located in the Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: August 3, 2012 August 2, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-12 as conditioned. 2. CONDITIONAL USE PERMIT NO. 2012-19 (Rally Soboleske) Filed by Bruce Marsh to allow Little Sparrow Cafe a conditional use permit for a Type 58 Alcoholic Beverage Control (ABC) license for catering and a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits at 300 North Main Street located in the Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: August 3, 2012 August 2, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-19 as conditioned. 3. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: AUGUST 15, 2012 TITLE: PUBLIC HEARING -CONDITIONAL USE PERMIT N0. 2012-12 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PLAYGROUND RESTAURANT AT 220 EAST FOURTH STREET, SUITE 102 Prepared by Hally Soboleske RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED © As Recommended © As Amended © Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Hager Adopt a resolution approving Conditional Use Permit No. 2012-12 as conditioned. DISCUSSION Request of Applicant Bob Quinn is requesting approval of Conditional Use Permit No. 2012-12 (CUP) to allow a Type 47 Alcoholic Beverage Control license for the on-premise safe of beer, wine, and distilled spirits in conjunction with an existing restaurant at 220 East Fourth Street, Suite 102. Project Location and Site Description The site is currently developed with a single story 20,802 square foot commercial building. Parking is located within the City of Santa Ana nearby public parking structures, including one that is southeast on Third Street and owned by the City of Santa Ana, and a public metered parking lot south of the restaurant. Both public parking opportunities are shared by all the businesses in the immediate area. There is also metered parking along Fourth Street. Surrounding land uses include commercial, with residential land uses within 250 feet (Exhibits 1 and 2). Project Description The applicant is proposing to upgrade from an existing Type 41 ABC license to a Type 47 liquor license for the sale of beer, wine and distilled spirits far consumption on the license premises in conjunction with an eating establishment. The restaurant is also expanding into the adjacent suite to enlarge the square footage of the existing restaurant from 1,258 square feet to 2,260 square feet, as well as creating a 525 square foot outdoor dining area. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Conditional Use Permit No. 2012-12 August 15, 2012 Page 2 The storage area for alcoholic beverages is located within the kitchen and bar area and consists 68 square feet, or less than five percent of the gross floor area of the restaurant (Exhibit 3). The restaurant will provide alcoholic beverages to customers as a service ancillary to the primary restaurant use and requires a conditional use permit for an ABC license. The location currently holds an on-sale beer and wine ABC license which was issued in 1988 via a Land Use Certificate. Should this CUP be approved, the previous license would be surrendered. There are currently freestanding tables, as well as bar seating. New counter seating with a view to the cooking area will be added. The applicant also proposes a banquet facility and after hours operation. This application is part of a larger project for the Playground restaurant which also includes a CUP for after hours operation {after midnight), and a CUP for a banquet facility. Those two CUP`s will be heard by the Planning Commission at a future meeting. Proiect Backaround The Playground is operated by one of the chefs who was the 2011 winner in the Great Food Truck Race television show, Jason Quinn. Jason and his father, Bob, opened up the Playground that same year. The Playground restaurant has proven to be very successful in the short time since its Grand Opening. It was named Orange County's Best New Restaurant of the Year in 2011. The number of patrons continues to grow, and they have found the need to expand by taking over the adjacent 900 square feet suite immediately south of their existing suite. They specialize in "small plate" meals. 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)IDowntown (DT) zoning district. The DT zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Proiect 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 ar community. Conditional Use Permit No. 201212 August 15, 2012 Page 3 • 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 adversely will not 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 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 far the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate arty potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on-sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 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 offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows The Playground to remain economically viable and contributes to the overall success of Downtown, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to Conditional Use Permit No. 2012-12 August 15, 2012 Page 4 be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the I-and Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its location within the Downtown area which contributes to the economic success of the city as a shopping and dining destination. Police Department Analysis The Police Department reviews conditional use permit applications for the safe of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 220 East Fourth Street has a 20 percent greater number of reported crimes than the average number reported for ail crime reporting districts and is considered above average in police-related incidents based on standards established under Business and Professions Code Section 23958.4. It is located in Reporting District No. 185. There are numerous residential dwellings located within 250 to 350 feet of this proposed use. The condominiums located at 450 East Fourth Street and the lofts located at 200 North Spurgeon and 200 East Third Street. 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. 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. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Conditional Use Permit No. 2012-12 August 15, 2012 Page 5 CEQA Com Hance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15321 Class 21 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. 2012-28 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 20'12-12 as conditioned. 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The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- '12 far a Type 47 (on-sale general} Alcoholic Beverage Control (ABC} license to allow the sales of beer, wine and distilled spirits far the property located at 220 East Fourth Street, Suite 102. B. Conditional Use Permit No. 2012-12 came be#ore the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 15, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve 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 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. Resolution IVo. 2012-xx Page 1 of 7 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, wine, and distilled spirits at The Playgraund 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 an in a seating area on the adjacent East End Promenade and is incidental to the restaurant use. Alcohol will stop being served on the patio area one hour prior to closing time. 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 building that currently has a restaurant use and promotes a balance of land uses which enhances the City's economic and fiscal viability. Alcoholic beverages on the menu at The Playgraund will augment the culinary experience which 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 restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan ar 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 people 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. 2012-xx Page 2 of 7 the public are necessary to offer a wide range of goods and services. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15321 Class 21 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. 2012-28 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-12 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated August 15, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of August, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 202-xx Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 15, 2012. Date: Clerk ofi the Zoning Administrator City of Santa Ana Resolution No. 2o12-xx Page 4 of 7 Condi#ions for Conditional Use Permit No. 2012-12 Should Conditional Use Permit No. 20'[2-12 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Cade (SAMC), the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below rim or 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 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 ar the conditional use permit must be amended. 2. 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 foAowing 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 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. B, Police Department The quarterly gross sales of alcoholic beverages shall not exceed the grass 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. Exhibit A Page 1 of 3 Resolution No. 20'f2-xx Rage 5 of 7 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting ar 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 area at all times that alcoholic beverages are being served or consumed. 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. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient music shall not be played outside the premises. Musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. This land use authorization is only for a Type 47 on-sale general for bona fide public eating place, any other license use at this location will require a new land use clearance. 11. 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. 12. 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. 13. This conditional use permit shall be reviewed at six months, atone year and then annually thereafter by the Police Department for any modification to the conditions of approval. Exhibit A Page 2 of 3 Resolution No. 2412-xx Page 6 of 7 14. Existing restaurant 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 rec{uire that the existing project's lighting, door/window lacking devices and addressing be upgraded to current code standards. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board this condition must be complied with. 15. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 17. Window displays and racks must be kept to a maximum height of three feet including merchandise. 18. Atimed-access cash controller or drop safe must be installed. 19. Indoor entertainment must be in compliance with the Santa Ana Municipal Code. 20. Install a silent armed robbery alarm. 21. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 1:00 a.m. Exhibit A Page 3 of 3 Resolution Na. 2012-xx Page7of7 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: AUGUST 15, 2012 TITLE: PUBLIC HEARING -CONDITIONAL USE PERMIT NO. 2012-19 TO ALLOW A TYPE 47 AND TYPE 58 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE LITTLE SPARROW CAFE AT 300 NORTH MAIN STREET Prepared by Hally Soboleske PLANNING COMMISSION SECRETARY APPROVSD ^ As Recommended ^ As Amended ^ Set Public Hearing Fvr DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Hager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-19 as conditioned. DISCUSSION Request of Applicant Bruce Marsh and Naseem Aflakian of Floral Park Cafe, LLC are requesting approval of Conditional Use Permit No. 2012-19 to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise safe of beer, wine and distilled spirits in conjunction with a new restaurant at 300 North Main Street. Prof ect 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 an all sides, with residential land uses within 100 feet to the southwest (Exhibits 1 and 2}. Project Description The applicant is proposing to obtain a Type 47 liquor license for the sale of beer, wine and distilled spirits for consumption on the license premises in conjunction with an eating establishment. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to Conditional Use Permit No. 2012-19 August 15, 2012 Page 2 the primary restaurant use. The storage area for alcoholic beverages is located within the kitchen and bar area and consists of less than five percent of the gross floor area of the restaurant (Exhibit 3). The applicant is also applying for a Type 58 liquor license to allow them to serve alcohol as a caterer. This application is part of a larger project for the Little Sparrow Cafe which also includes a CUP for after hours operation (after midnight), and a CUP for a banquet facility. Those two CUP's will be heard by the Planning Commission at a future meeting. Proiect 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 neighborhood Floral Park 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 DT zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Proiect 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. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. Conditional Use Permit No. 2012-19 August 15, 2012 Page 3 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 fallowing analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. 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. • The proposed license for the on-sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. • 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 offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows The Little Sparrow Cafe to remain economically viable and contributes to the overall success of Downtown, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Cade and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Conditional Use Permit No. 2012-19 August 15, 2012 Page 4 • 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 with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its location within the Downtown area which contributes to the economic success of the city as a shopping and dining destination. Police Depar#ment Analysis The Police Department reviews conditional use permit applications far the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. S#udies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentratian will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 300 North Main Street has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and 'ts considered above average in police-related incidents based on standards established under Business and Professions Code Section 23958.4. It is in 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 far impacts. Public No#ification The project site is not located within the boundaries of an established Neighborhood Association. However, the project site was posted with a native advertising this public hearing, a notice was published in the Orange County Reporter and mailed natives 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 Com Hance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15321 Class 21 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 #iled for this project. Conditional Use Permit Na. 2012-19 August 15, 2012 Page 5 Cnnr_liesinn Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2012-19 as conditioned. _ - ~s=-~-®-~ Hai obol ke Associate Planner Vince Fregos , AICP'~ Principal Planner~~ HS:jm hsW istor€c InfolLittfe5pa rrowCafeCafelcupl2-19wLitlfeSparrovrCafe ABG.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Zoning Map Exhibit 3 -Floor Plan SEVENTEENTH 5~, t I t~ U t I ~~ ~ 1» I I I ~€J ~~ I 1 1. x C1 i . r~ Clu C5 CI C1 CSt { a r 5i s3 13 ~-1 Ra Rl -- t SP-3 . _ 1 I ~ SP-3 SPd Rl Rl " „ , R3- R3- a A3- _ a . ~~, ~'P's,s H~]fl HOIF H3)31 -LJf_J I I ' I i R3 R3~ ~5P ~5V 5f if A3 A] iti RI 1 a of Inl w,l .3 -.,3 -1 -1 - rN ~ ]]])in sisi ~~{ ~{f~l~ {{tt~~~I I(~[ -.}Sr r ~~ 1 t:i F:~ ~~ ~ R~ '. 5~3 13 13 1'~vi 1-~-+I ~x SR3 ll F~ Z j SP-3 SP-3 + I =5P3 ^~ ~3«s sv SP-3 -~ a sva 5o- SP-3 75 SP-3 a ; SP-3 SP-3 r t-~~:.:. ~, Nur i , SP-3 3 s3 •c+•-rE.rE.w Gt ~ 61 sa~uw.. 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I i r - ~ r ~~~ ~ - I_ ,. ~q: r ` , ~ ~=~ .~ ~ ~- i ~i ~ ~.. i EI EXHIBIT 3 ROH - 08/15/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-19 TO ALLOW A TYPE 47 AND A TYPE 58 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE PROPERTY LOCATED AT 300 NORTH MAIN STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as #ollows: A. The applicant is requesting approval of Conditional Use Permit Na. 2012- 19 for a Type 47 {on-sale general) Aicaholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits, and a Type 58 {catering) ABC license to allow the service of alcohol as a caterer, for the property located at 300 North Main Street. B, Conditional Use Permit No. 2012-19 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 15, 2012. C. Santa Ana Municipal Cade Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on~site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the genera[ well being of the neighborhood ar 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 wilt mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2012-xx Page 1 of 8 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, wine, and distilled spirits at the Little Sparrow Cafe 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 only and is incidental to the restaurant use. Alcohol will stop being served an the patio area one hour prior to closing time. 3. Will the proposed use adversely affect the present economic stability ar future economic development of properties surraunding the area? The project site is a commercial building that was a restaurant previously. The establishment of this restaurant promotes a balance of land uses which enhances the City's ecanomic and fiscal viability. Alcoholic beverages on the menu at the Little Sparrow will enhance the dining experience which 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 restaurant selling beer, 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 cafe 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. 2012-xx Page 2 of 8 the public are necessary to offer a wide range of goads and services. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15321 Class 21 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 Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-19 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request fior Zoning Administrator Action dated August 15, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of August, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2012-xx Page 3 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 15, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 4 of 8 Conditions for Conditional Use Permit No. 2012-19 Should Conditional Use Permit No. 2012-19 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below rip or 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. Site Plan Review approval of DP No. 2012-01 is required prior to issuance of a building permit which includes approvals from the Fire Department, Police Department, Public Works, and Planning. 2. Conditional Use Permit No. 2012-19 becomes effective when a Certificate a# Occupancy has been issued. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department far 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. A Sign Program must be submitted for this building prior to issuance of Certificate of Occupancy pursuant to SAMC - 41-880. Exhibit A Page 1 of 4 Resolution iVo. 2x12-xx Page 5 of 8 B. Police ©e artment The area of 300 North Main Street is located in reporting district #165. This district is above average in police related incidents and ranks 4th out of '{ 02 citywide reporting districts. The Police Department is concerned that this establishment may not consistently operate as a bona fide eating establishment and impact the adjacent residences. For that reason, the following are recommended to conditions be imposed to mitigate any negative impacts this operation may have on those residents and prevent it from generating police calls for service. 1. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. The service of alcoholic beverages shall be by waiterlwaitress service only. 3. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 5. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 6. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 7. 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. 8. 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). 9. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. Exhibit A Page 2 of 4 Resolution No. 2p12-xx Page 6 of 8 10. 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. 11. The petitioner{s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 12. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 13. Indoor entertainment must be in compliance with the Santa Ana Municipal Code. 14. Ambient noiselmusic shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 1:00 am. 16. This land use authorization is only for a Type 47 on-sale general for bona fide public eating place, any other license use at this location will require a new land use clearance. 17. 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. 18. 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. 19. 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. 20. Existing restaurant must conform to the provisions of Chapter $, Article II, Division 3 of the Santa Ana Municipal Code {Building Security Ordinance). These code conditions will require that the existing project's lighting, doarlwindow locking devices and addressing be upgraded to current code standards. 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board Condition 20 must be complied with. 22. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Exhibit A Page 3 4f 4 Resolution No. 2o'f2-xx Page 7 of 8 23. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 24. Window displays and racks must be kept to a maximum height of three feet including merchandise. 25. Atimed-access cash controller or drop safe must be installed. 26. Install a silent armed robbery alarm. Exhibit A Page 4 of 4 Resolution No. 2012-xx Page 8 of 8