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HomeMy WebLinkAboutZA FULL PACKET 2012-11-14NOVEMBER 14, 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 1. CONDITIONAL USE PERMIT NO. 2012-23 (Ann Ni) 2. Filed by Hoc Nguyen to allow Pho Asian Grill restaurant a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at 2110 North Tustin Avenue, located in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 2, 2012 PUBLICLY NOTICED: November 1, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-23 as conditioned. 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 ~C)R Zoning Administrator Ac#ion ZONING ADMINISTRATOR MEETING ©ATE: NOVEMBER 14, 2412 TITLE: PUBLIC HEARING -1=1LED BY HOG NGUYEN FOR CONDITIONAL USE PERMIT N0.241223 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE PHO ASIAN GRILL RESTAURANT AT 2114 NORTH TUSTIN AVENUE Prepared by Ann Hsin-An Ni PLANNING COMMISSION SECRETARY APPROVED ~ As Recommended © As Amended ^ Set Public Hearing For DENIED D Applicant's Request © Staff Recommendation CONTINUED TO r l~ Planning Manag r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-23 as conditioned. Request of Applicant Hoc Nguyen is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and cansumption of beer and wine at Pho Asian Grill restaurant at 2110 North Tustin Avenue. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditions! use permit. Project Location and Site Description Pho Asian Gril[ Restaurant currently operates within an existing three-acre, multi-tenant commercial center known as Santa Clara Plaza that is located at the southwest corner of Tustin and Santa Clara Avenues. The site is a neighborhood shopping center that contains eating establishments, retail stores and offices. The tenant proposes to obtain a Type 41 ABC license for the on-premise consumption of beer and wine as part of the proposed restaurant's business model far the project site. The Santa Clara Plaza contains 30,832 square feet of tenant space and was constructed in 1987. A total of 170 parking spaces are provided in a surface parking lot. The site is surrounded by shopping center uses to the east and north, professions! and administrative office uses to the south, and a child care center and multi-family residential to the west (Exhibits 1 and 2). Project Description Pho Asian Grill restaurant is requesting approval of a Type 41 Alcoholic Beverage Cantrol {ABC) license to allow the on-premise sale of beer and wine as part of the eating establishment. The restaurant is a full service, sit-dawn eating establishment that is approximately 1,800-square feet in Conditional Use Permit No. 2012-23 November 14, 20'12 Page 2 size and holds approximately 60 seats. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are six days per week from 10:00 a.m. to 11:00 p.m. The storage far alcoholic beverages will be located within two merchandise areas near the kitchen that measure approximately two feet by three feet and two feet by two feet. The display area is within a refrigerator that is 6.5 feet by 2 feet. The overall storage of alcohol consists of approximately 23 square feet, which is 1.3 percent of the floor area and is less than #ive percent of the gross #loor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4). Project Background Pho Asian Grill restaurant is a locally-owned and operated restaurant that specializes in Vietnamese cuisine. This business has been operating at the present location since July, 2007. Pho Asian Grill restaurant occupies an existing tenant space in Santa Clara Plaza that has been used for various eating establishment since 2001. There was no previous conditional use permit issued fvr this location to allow the on-site sale of alcoholic beverages, Anew CUP is required to permit the sale of alcohol at the site. A variance and minor excep#ion (Variance No. 2007-09 and Minor Exception No. 2007-04) was approved in 2007 to allow a reduction in required landscaping and parking for a new 6,170 sq. ft. retail building. As part of the approval, the site was upgraded to provide improved pedestrian circulation and additional landscaping was added in the landscape setback areas. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land-use districts are key components in the economic development of the City. They 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 Arterial Commercial {C-5) zoning district. The C-5 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Anal sis 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: Conditional Use Permit No. 2012-23 November 14, 2x12 Page 3 • 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. • 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, 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 and wine 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 incidents[ 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. 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 Conditional Use Permit No. 2012-23 E~ovember 14, 2012 Page 4 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 con#rol license. Additionally, the restaurant will utilize less than two 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 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 and visitors of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale 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 overconcentrated 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 2110 North Tustin Avenue is located in an area that has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is considered average in police-related incidents based on standards established under the Business and Professions Cade Section 23958.4. This site is located within Reporting District No. 243. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise andlor late night activity. Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP, provided that the proposed conditions of approval are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. Public Notification The project site is located within the boundaries of an established Meredith Parkwood Neighborhood Association which was notified of this project. Additionally, 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, 2012-23 November 14, 2012 Page 5 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. 2012-69 will be filed for Phis project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2012-23 as conditioned. ~- Ann Ni Associate Planner ~ ~-=- Vince Fregoso, AICP Principal Planner AN:jm Anilwp511plancarnmlCUP12-23PhnASianGrill.za Attachments: Exhibit 1 --Vicinity Map Exhibit 2 -Land Use Map Exhibit 3 -~ Site Plan Exhibit 4 -Floor Plan r,' g ai ~,o R7 :.r_ R1 ~~ R1 ~ R4 cxa .~, fll ~ g 60•A3-7200 ea ~ $ BRA R4 I-:n s•I~1~~e a` R4 ru zers ~~. A4 ~• i ' I , ~ CS CS w 5 ~ ur I R4 fl4 ~ bo-Al ~ u.. -7709 -•-4-YIx-I S4.:A CL4CA ~V - -- i S.IkYA R~,tv, •---.i55~ N I ?' Rf >Y.+l ..s '~r Ka R L4R7- i ni 0 - 1 m.:o ` 7700 ~~+ s - 77 091 i bo-Rl „ $ ~4 ~ A~ S'~ CS PRO ~ ~ ~ sD-R1-1200 a p ~ 7i09 ~, $ l . 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' W f ~ ~ ~ ~ ~ 1Y q~ ~ 2~~~a~~~ -Qo~~ s ~ rF ~ J ~N: Q 4 ~ I '~ r~ 1 _ 3 f ~ _ 1 I` p .. - - H .N _ i = - ~ =~ - _ ~ ~ Z -- L~ - Po~. aR J10'9Si ~.~:;~.EBH '. v-ffe sra ~ F O nb I ~~-~~ ' n _ - _ ~- ' --- _ ~ _ T ` b ~i ~ k b ' -+J+ 14 3f1H'.1Y YNfNitlp az~d,~ C eh~~y N ~ b ~ ~ ~ ~~;€ ~~~~ EXHIBIT 3 J f '• ~~ V ? fin. h ~~ ~--.(~ V rt a . y u F~ dl ~~ ~ F ~ ~~ ~ ~ _40 ~tt z Zx R J ~ ~©/. LL Q o O j~ ~ ~' a .~_ w q D h~ c» ~ -~ ~ yc[ ~ Qom] rn ~ ~ ~ M JJ ~1 !~ ,~ h T T 1 N N ~ ~ ~ ~ ~ ~ ~ N r r J J ll ~~ ~. Y ~ `s ~ t ~ v ~. ~ c~ ~ '~ Gf~j 4 EXHIBIT 4 ROH -- 11/14/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-23 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2110 NORTH TUSTIN AVENUE BE 1T 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 follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 23 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 2910 North Tustin Avenue. B. Conditional Use Permit No. 2012-23 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 14, 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 will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary foad- 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. Resolution No. 2012-xx Page 1 of 6 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 consumption of beer and wine at the restaurant 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. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? 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 patrons. 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 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 ectuipment 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 two percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 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 with an ancillary alcohol license provides a dining service to the residents and visitors of Santa Ana. Resolution No. 2012-xx Page 2 of 6 E. In accordance with the California Environmental Quality Act the recommended action is exempt from furkher 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. 2012-69 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-23 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 November 14, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of November, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, 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 November 14 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 3 of 6 Conditions for Conditional Use Permit No. 2012-23 Conditional Use Permit Na. 2012T23 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 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_Diyision 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. 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 following items: a. One canventianal 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 I]e artment The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. EXhlbit A Resolution No. 2o12-xx Page 1 of 3 Page 4 of 6 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicant{s) responsibility to ensure that no alcoholic beverages are consumed on any proper#y adjacent to the licensed premises under the control of the applicant{s), with the exception of the patio area. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. Ali interior pay phones must be designed to allow outgoing calls only. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 midnight. 10. Background ambient musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises. 12. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 13. This land use authorization is only for a Type 41 on-sale beer and wine for bona fide public eating place, any other license use at this location will require a new land use clearance. 14. 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. 15. 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. Exhibit A Resolution No. 2012-xx Page 2 of 3 Page 5 of 6 16. This conditional use permit shat! be reviewed at six months, at one year and then annually thereafter by the Police Depar#ment for any modification to the canditions of approval. 17. Existing restaurant and required parking 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 doarlwindow locking devices and addressing be upgraded to current code standards. Prior to issuance of a Letter of Appraval to the Alcohol Beverage Control Board this condition must be complied with. 18. Prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board, Condition 17 must be complied with. 19. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanen# signage. 20. Window displays must be kept to a minimum far maximum visibility and shall not exceed 25 percent of window coverage. 21. Window displays and racks must be kept to a maximum height of three feet including merchandise. 22. Atimed-access cash controller or drop safe must be installed. 23. Indoor entertainment must be in compliance with the Santa Ana Municipal Code Section Chapter 11. 24. Install a silent armed robbery alarm. 25. 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. Exhibit A ResoluEion No. 2012-xx Page 3 of 3 Page 6 of 6