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HomeMy WebLinkAboutZA FULL PACKET 2012-07-25 ~' ~~~ ~~5 l~~t~~X ~~ ~ ~~ "y . t~Yf ~~ ~~~ =fir ~ A~,~ f~ ~~~'~ ~~ ~~#~ ~ ~ 'J ~ ~ ~'I _. T 'k' ~#~~ dal ~`~~ ~"' ~''~ ~~ . ~~ ~~~~ _~ ~.~ ~ ~' Cam. ~'w~ a. ~ ~' ama~#e~tf~a~~~e~~t>>~'_- ~ ~,3~~':~Yt'~'~x~'rc5sae~;'~t~~1t fly I 'y RECOMMENDATION: 3. 1. Adopt a resolution approving Conditionak Use Permit No. 2012-14 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN} Letter for the project. CONDITIONAL USE PERMIT NO. 2012-15 (Verny Carvajal} 4. Filed by Dominic Pak to allow Saigon de Pho 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 2800 North Main Street, Unit 1030 located in the General Commercial (C2} zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 13, 2012 PUBLICLY NOTICED: July 12, 2012 RECOMMENDATION: Adapt a resolution approving Conditional Use Permit No. 2012-15 as conditioned. Public Comments Adjournment if yot! need special assistance to padicipate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (71d) 647-5340. ['[ease call prior to tllc meetil+g date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Antcricans with Disabilities Act, Title 11, 28 CFIt 35.142] Member, of the public are alio++~cd ibree (3) minutes to speak on each agenda item, but when any group desires to address the committee, the COnlntltlCC !1185' reSIIECSt EIlat Its 117embCCS BgrCe nll a spokeSpersOn t0 n1akC (IIC pr852ntatl0lt. REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JULY 25, 2x12 TITLE: PUBLIC HEARING -FILED BY NICK ADACHI FOR CONDITIONAL USE PERMIT NO. 2012-09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR GENKI SUSHI RESTAURANT AT 2800 NORTH MAIN STREET, SUITE 1040 . Prepared by Ali Pezeshk our PLANNING COMMISSION SECRETARY APPROVE=D ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Ma ager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 201209 as conditioned. Request of Ap licant Nick Adachi, representing Westfield Corporation, is requesting approval of 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 Genki Sushi restaurant at 2800 North Main Street, Unit 1040. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC}. Proiect Location and Site Description Genki Sushi restaurant currently operates within an existing, 52-acre, multi-tenant commercial development known as Westfield MainPlace that is located at the northwest corner of North Main Street and Mainplace Drive. The site is anchored by JC Penney, Macy's, and Nordstrom department stores and contains numerous eating establishments. The tenant proposes to obtain a Type 41 ABC license for the on-premise consumption of beer and wine. The large commercial shopping mall at 2800 North Main Street contains over one million square feet of tenant space and was constructed in 1987. Mall tenants share 4,987 parking spaces that are provided in surface parking lots and garages. The site is surrounded by district center uses to the east, professional and administrative office uses to the south, the Santa Ana (Interstate 5) Freeway to the west, and the Garden Grove (State Route 22) Freeway to the north (Exhibits 1 and 2). Conditional Use Permit No. 2012-09 July 25, 2012 Page 2 Proiect Descri tion Genki Sushi restaurant is requesting approval of a Type 41 Alcoholic Beverage Control {ABC) license to allow the on-premise sale of beer and wine as part of the eating establishment following its completion. The restaurant is a full service, approximately 3,000-square foot sit-down eating establishment with 2,500 square feet of interior restaurant space and 500 square feet of exterior patio area that holds approximately $6 seats within its dining roam. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are seven days per week from 11:00 a.m. to 11:00 p.m. Storage areas for alcoholic beverages will be located within awalk-in Gaoler at the rear of the kitchen area. The overall storage and display of alcohol consists of approximately 15.4 square feet, which is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4). Proiect Background Genki Sushi restaurant occupies an existing tenant space in Wes~eld MainPlace that once housed another retail operation until 2009. Because the previous space was used for retail and did not hold a conditional use permit to allow the on-site sale of alcoholic beverages, a new CUP is required to permit the sale of alcohol at the site. Genki Sushi operates 17 restaurants in Hawaii, Washington state, and California that specialize in Japanese cuisine. This business has been operating at the present location since March, 2012. !n order to stare and sell alcohol, a conditional use permit is required. General Plan and Zoning Consistency The General Plan land use designation far 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 General Commercial (C-2} zoning district. The C-2 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: Conditional Use Permit No. 2012-09 July 25, 2012 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 generai welfare of persans 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 establishmen#. 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 persans residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative yr 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 restaurant to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. Conditional Use Permit No. 2012-09 Duly 25, zo12 Page 4 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant #o 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 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 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 a regional shopping center, Westfield MainPlace, 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 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 averconcentration 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 2800 North Main Street 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 above average in police-related incidents based on standards established under Business and Professions Code Section 23958.4. This site is located within Reporting District No. 121. No sensitive uses were found in the immediate area that might be impacted by this action. As a result, the Police Department has evaluated the applicant`s request and believes that the proposed ABC license will not adversely affect the surrounding community. 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 ar electronic, had been received from any members of the public. Conditional Use July 25, 2012 Page 5 Permit No. 2012W09 CEQA Campliance 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. 2012-40 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. 2012-09 as conditioned. Ali ezes I< o Planning lute n AP:jm apkeportslCUP12.09 Genk3 Type 41 ABC.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan Vince Fregoso, AICP Principal Planner ~ ` `~ ~, ., 2 GARDEN GROVE ~ Ja ~ ~ ~P~~`cy ~ 'i= PROJECT 511' R1 R1 Rl RI SD-77 ~ ~~ ~~ ~~ ~~ R4 Sf7-59 ~ ~ ._...__-1il i _ - ~l-J_.:Rt _ Rf£ ~ ~~ ~ •~•~ P ~ D 3t Rt Ri R6 ,.~, .c' es O ~ .-. ~. 7'~ z Rl ~Rl ~ ~ ~9 SDfrS _ J R~ P R1 ~ Rt R! 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G7 FIANN®S-10PHNGCavlaz FIB FiANIV~F~~IRALDEVaOFMBdF CS AftfBdhLCOfllMffr144. ~uP 20~ 2-09 ~'~Y~, GENKI SUSHI TYPE 41 ABC ', ~~~~` 2800 NORTH MAfN STREET #1040 ------ --- =sooF~F ~~, r'=,«so~F 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 VICIMTY MAP "" ~~ COMMERCIAL ~MM. v~ 2 2 GARDEN GROVE FREEWAY ~ E i F- ,~., w a J vl 4 ProJect_ - Site ~- w - ~-- o s ~., .~ ~i COMM RCIAL 9 INPLACE DRIVE '9 OMM. 2 S.F. y ,n CO MER IAL ~_ MM. SI ~ ~ F ~ ILY ~ R E 5 t 9 -~-~ ~ ~I•N•ic•! -f .E . / CITY OF ORANGE -° CUP 2012-09 GENKI SUSHI TYPE 41 ABC 2800 NORTH MAIN STREET #1040 ~`, ~S'r' P t A N N f N G A N D & U I L f) I N G A G f N C Y LAND IJSE MAP EXHIBIT 2 AdM33~~ 3n021~ iV3aNtl~ ~ ~ ~~ O 9~ ~ ~o~a ~ z ~ ~ a o ~J ~ 6~a ~~ m= ~ /6~L ~' NMOl ~ ~~ w w ~, ~ z o ~ ~r ~`6 ~ ce ~_ ~ ~~ ~ z d s o- g a- s .s'~ ~y ~~~~~ ~ ~~~~ ~~ r dv- 6'G 6 ti ~ 6~ ~ ~ ~ni~a s~v~no r Q 0 Q 0 .......'.,,T ., CAflIPI l J w~ ~ ~_ ~ ~ ~ l~~~II 4 t ~~ ~ Z ~t z tQi~ a`!1 S ~{fin ~~~ ~ a jE'li~ N Ya I! _ ~ -" ~ ~ ~ ~ jl~~ I G 9 8~~ a ~~4d ~ Gag ~ a © ~ K 6 a @ @ ~~89 4 883 z r Y. _ o ® ~ g ® a u N I ~ _ i -' ~ ~ _ ~ 50 I ~~ ~ d Y ~ 1 ~ { ~, ~~~ ~~ 5 N ® . ,~,.,~,. ~ ! ~ ~ .C7, ~ ~ a F F ~ ,~~ ~ _ I I ~ ~ O p ~ ~ g - ~ i~ ' ~ l j l ~ '~-~-~ ~; iL- ~..,~~ I ~ ~ i ~C~ //~ z i _ ~x - g ~~ ~ i ~ a n € eaz' ~ :axe u. c~ ~ v ~ ur r i ~ ~ ~ f .~ s 1 ~ ~' j r ~ ~~ ~ ~ ~ p ~ ~~1! ~ t !~{ i ~ ~ ~ ~ ~ z ~ ~ ~ ~~ ~ ~ ~ ` r . ~ ~I,s~ ~r ~ . ~ I R ~ Q Q ~ a ° E1 ~ 1 ~ z ! ~ i v , ~! 1 ~ ~ ~ Fi ~~I~ o ~ i E ~ ~ a r u~i y ~ ~ ~ 1 ti 1 fl 13 m ~3 :! `~ ~ ! fl ~ ~ ~ !fE ~ ~ I~ ii ~ r °a Z t F ~ J c~ y~ ~ y c~ $ 7 ~ ^ , (~ ~ 4 4 l~ N ~ N + l y ~' u CKL : r _ y ~~ 4i L ~~ `~~ U U Z ~ ~ ~ O Q RRRi ! O ~ EXHIBIT 4 ROM - 07/25/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2012-09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, SUITE 1040 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 follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 09 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 2800 North Main Street, Suite 1040. B. Conditional Use Permit No. 2012-09 came be#ore the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on July 25, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for an-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 ar 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 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 Resolution No. 2012-xx Page 1 of 7 that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or genera! welfare of persons residing or working in the vicinity? 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 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. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 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 five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission, Resolution No. 2612-xx Page 2 of 7 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 of Santa Ana and its location within a regional shopping center, Westfield MainPlace, contributes to the economic success ofi 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 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. 2012-40 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-09 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 July 25, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of July, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Resolufion loo. 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 July 25, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 4 of 7 Conditions for Conditional Use Permit No. 2012-09 Conditional Use Permit No. 2012-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Cade, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition fisted 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. Pianninq_Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-21. 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. 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 rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 5. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 6. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC}, Exhibit A Page 1 of 3 Resolution No. 2012-xx Page 5 of 7 B. Police Department 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s), with the exception of the patio area. 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. Amplified 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 Q1 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. 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. Exhibit A Page 2 of 3 ttesolutian No. 2012-xx Page 6 of 7 12. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 411701.6. 13. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification #o the conditions of approval. 14. Existing building must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project`s doorlwindow locking devices and addressing be upgraded to current code standards. Prior to issuance of a 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. 16. Window displays must be kept to a minimum for maximum visibility and sha11 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. There shall be no live entertainment, amplified music or dancing on the premises. Live entertainment includes but is not limited to strolling musicians, D.J's and karaoke. 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 12 midnight. Exhibit A Page 3 of 3 Resolution Na. 2012-xx Page 7 of 7 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE; JULY 25, 2012 TITLE: PUBLIC HEARING -FILED BY BETH ABOULAFIA FOR CONDITIONAL USE PERMIT NO. 2012-14 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A TARGET RETAIL STORE AT 3300 SOUTH BRISTOL STREET Prepared by Ali Pezeshkpour RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED © As Recommended © As Amended © Set Public Hearing For DENIED ^ Applicant's Request © Staff Recommendation CONTINUED TO ~~ Planning Manager Adopt a resolution approving Conditional Use Permit No. 2012-14 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter for the project. Request of Applicant Beth Aboulafia, on behalf of Target Corporation, is requesting approval of a conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license for the off-premise sale of beer and wine at 3300 South Bristol Street. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Pro'ect Location and Site Descri tion Target currently occupies a 102,960 square-#oat commercial building at 3300 South Bristol Street that is part of a planned shopping center. A total of 746 parking spaces are provided on the premises. The site meets current development standards and is surrounded by residential and industrial uses to the north, commercial uses to the east, commercial and residential uses to the south, and residential uses to the west (Exhibits 1 and 2). Project Description Target is a national chain of retail stores that specializes in household goads, clothing, and more recently, grocery items. The store has operated at its current site since 1986; the building exterior and interior recently underwent a significant remodel which included a significant expansion of the market section. The establishment proposes to obtain a Type 20 off-sale general for the sale of beer and wine to the public. Conditional Use Permit Na. 2012-14 July 25, 2012 Page 2 The projec# seeks to display and store alcohol on a store shelf, in a cold-case display, and in the rear stockroom in accordance with Police Department regulations. The store shelf containing the alcohol will be in the grocery market section of the store, measuring 32 feet by 4 feet for a total of 128 square feet. Shelf end-cap displays will measure four feet by two feet #or a total of eight square feet. The cold- case display containing alcohol will be located nearby, along the inside walls near the market, and will measure 20 by 3 feet for a total of 60 square feet. Finally, storage of alcohol in the stockroom will occupy an area measuring 16 feet by 10 feet for a total of 160 square feet. The total square footage for displaying and storing alcohol will occupy 508 square feet, which is less than one percent of the store's total square footage. The current hours of operation are Monday to Saturday from 8:00 a.m. to 11:00 p.m. and Sunday from 8:00 a.m. to 10:00 p.m. (Exhibits 3 and 4). Proiect Background Target has been operating at its current location since 1986. The company has operated locations in southern California since the 1980s; its stares average approximately 100,000 square feet in size. Moreover, Target stores employ thousands of employees throughout southern California. The company is open to the public and offers a full range of items that range from household goods, clothing, and electronics to market goods and groceries. The sale of beer and wine at its locations is part of the company's new business model at locations that contain market sections. In 2000, the store carried out extensive tenant improvements to reconfigure the interior layout of the site and modernize the store. In conjunction with this projec#, Variance No. 2000-07 was approved, allowing the store to retain two non-conforming monument signs and to permit an additional secondary sign for the store's pharmacy. This action allowed the store to advertise its range of services and is consistent with other sign variances issued for larger retail stores. General Plan and Zonin Consistent The General Plan land use designation for the site is District Center (DC). District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. The project site is consistent with this General Plan land use designation. The parcel is located within the Planned Shopping Center {C-4) zoning district. C-4 zoning districts allow for support retail and service uses such as Target, making the proposed use consistent with the zoning code. Pro'ett Anal sis The Santa Ana Municipal Code regulates over-concentration of alcohol licenses for smaller markets and similar establishments. At close to 103,000 square feet in size, this application is not subject to Section 41-132 of the SAMC which regulates off-site sale alcohol licenses for markets less than 20,000 square feet. Conditional Use Permit Nv. 2012-14 July 25, 2012 Page 3 Although this establishment does not meet the City's overconcentration standards, the State has deemed it to be over concentrated based on census tract data, which determines the number of off- premise alcohol outlets that are permitted within each census tract. This area is allowed three off- sale locations and three active licenses currently exist. Those licenses are listed below. Business Name Address ABC License Type Cost Plus 1313 West Sunflower Avenue T pe 21 off-sale general Vons 3650 South Bristol Street T pe 21 off-sale eneral Smart & Final 3430 South Bristol Street T e 21 off-sale eneral * Type 21 -beer, wine and distilled spirits for consumption ott-site Approval of the conditional use permit to allow a fourth off-premise ABC license in this census tract would result in an overconcentration of licenses, as defined by the State. Therefore, should this application be approved, a letter of Public Convenience and Necessity (PCN) will be required to address the State overconcentration issues. Target Corporation operates over '1,700 stores nationwide, including three locations in Santa Ana. Liquor sales are increasingly part of the typical Target business model, especially for those with grocery markets, and many locations hold active ABC licenses. All current Target stores in Santa Ana hold active liquor licenses except the location at 3300 South Bristol Street, which this application addresses. Conditional use permit requests are governed by Section 41-838 of the SAMC. Conditional use permits 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. • 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. Conditional Use Permit No. 201214 July 25, 2012 Page 4 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 Alcoholic Beverage Control {ABC} license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. Moreover, the sales of alcoholic beverages at forger retail stores such as Target are intended for families and business professionals who are not typically associated with loitering or public intoxication, thus helping to reduce any potential impacts to surrounding businesses or residential neighborhoods. By adding beer and wine to the other items already offered in the store, Target can better serve the community by providing added convenience and a one-stop shopping experience. The proposed ABC license will not be detrimental to persons residing and working in the area. The use, as conditioned, will not create any negative or adverse impacts. Target is a national chain that increasingly offers groceries as part of its business model. The company also has established policies and procedures, including an employee training program focused an security and alcohol responsibility, which will ensure that beer and wine sales are handled in a responsible manner. The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Target is the primary anchor tenant of the planned shopping center in which it operates; its success assists in the leasing of other tenant spaces on the project site. further, this will allow Target to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their normal retail operations. • The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor licenses. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. The proposed project will not adversely affect the General Plan. Retail establishments and regulated uses such as Alcoholic Beverage Control {ABC) licenses are permitted within the District Center {DC} General Plan land use designation. The project is consistent with Goals 2 and 5 of the land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Conditional Use Permit No. 2012-14 July 25, 20'12 Page 5 Despite the fact that the City's overconcentration criteria do not regulate this project site because it is over the 20,000 square foot threshold, conditions have been placed on the sale of alcoholic beverages to maintain the health and safety of the surrounding community. Based on these criteria, as well as the projects compatibility with several polices of the General Plan, staff recommends the approval of Conditional Use Permit No. 2012-14. Police De artment Anal sis 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 over-concentrated and high in crime may affect the quality of life, impact police resources in the area, and aggravate existing conditions. However, conditions have been placed on the project to mitigate or reduce the potential for any of these effects. Several factors were considered when reviewing this application including crime rate, overconcentration and sensitive land uses. The Business and Professions ("B and P") Code defnes above average crime under Section 23958.4 as it pertains to an applicant`s premises for an original or premises-to-premises transfer of any retail license as follows: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c}, than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (c} For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county} that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2} "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department has determined that 3300 South Bristol Street is located in reporting district no. 130, which has an average number of reported crimes based on the standards established under B and P Section 23958.4. Moreover, the proposed location is located within 100 feet of multi- Conditional Use Permit No. 2012-14 July 25, 2012 Page 6 family dwellings. Adequate mitigation measures, however, will be implemented through conditions of approval to deter or reduce the potential for negative impacts. Based on these conditions for mitigation, the Police Department recommends the approval of Conditional Use Permit No. 2012-14. Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, the presidents of the South Coast, Sunwood Central, and Republic Homes associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that the president was notified of the project and to see if there were any areas of concern. Na areas of concern were identified by any Neighborhood Association president, nor was there a request that the applicant present the project #o a meeting of members. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the pubfic. CEQA Com fiance fn accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061 {b){3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-36 will be filed for this project. Conclusion Based on the analysis provided within this repor#, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 201214 as conditioned. ~/.~ A Pezes po r Verny Carvajal Planning Intern Senior Planner AP:jm aplfetlers, internallCUPt2-14 TargetABC 330© Sa BristoLza Attachments: Exhibit 1 -Vicinity Map Exhibit 2 _ Zoning Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan I` I i II 11131 I3 ill 1 1 1 1 3 V }I iii RI$RD II I ~ I:.n~ --I I II 11 ~i ~ ~ 1l ii I I' y II // ~I it 3. 9~ ~/ I ~ I ~ 3I I~ 13 i f 3 1 I_I l i 1 ~~ ~2 sn-as ~~ II IE II €I Ai CSJBZILAG@OULTUFALj CR OCfAh1H~9ALF~4E]HJSIAL Ri 9NC~-EFrVdtLYF~9D6VR41 -B FNRGNGh10CIRCAl1G1V pC C-0L~@Z5.IHJTC8+fi6Y f~ T4`OFPNILYF€9D~'CE G3.1 OCf.9M9apAL ~JJ(11H hlNN h11 L!C_HTINDUSS13a1 fti M{JLl1FLEDBJ9NMtAliFtE C7 C01'AMUN(TYDCt.!FJB'r7AL M2 F~AWINDUSIF3AL FAp.41LY~043vCE C7-h9D flq'A"d,00MMBS7AVh4U5i,PADISfPCf ~.SO PAIUTARIOf'HLaTI0N5 ft1 5J5.1F~?NAA1FtITd6VT5 C2 C~.`H2ALOCh1.h99S]AL O OF84 S3~.CE F~ Ff9D9`f€14L E,STAiE C3 C8VTPAL9.19tvFSS P P%~FP54Sk1AL ~ ~ZflC~OF1.98~lF C3A CI3YIR1LBJ5Ntv5SAFtI15fVE1At£ FCD FLiVvN®CCA4hSUNFTYDE4130F',96JT ~ RCRI+N CA RAhN®3iCff4NG CEfTH2 PF3J F1. A3vK®F~.9D8vf1ALDE413Ci~.fB~! C5 ARTE33ALD~f.9h9E3~AL CUP 2012-14 '~T~Yt TARGET TYPE 20 ABC ~~ nL>; U , ~~~~~ 33p0 SOUTH BRISTOL STREET ----. -- =5~~,- 1" = 14f00 ~f P L A N N I N G A N D B U I L [3 I N G A G E N C Y ~x~iBiT ~ VICINITY MAP +U 14s~ ~~`~ MULTI- 5 . F . R ~, FAMILY ~ LIGHT ~ RESIDENTIAL I N L E F M I L Y` INDUSTRIAL ~ ~ R 5 1 D E C E N S P A C E OPEN SPACE OpE~ ~~ ALTON AVENUE Pr~jezt` CO MERCIAL 'Site _~_._~__ J COMMERCIAL O H MULTI - N FAMILY ~ REST DENTfALT.~ m C O M M E CIA L C O M CUP 2012-14 TARGI;TTYPI* 20 ABC 3300 SOUTH BRISTOL STRB~T ~~ ~;^ P L A N N I N G A H D 6 U I L U I N G A G E N C Y LAND USE MAP EXHIBIT 2 • E~ • ~ , ~ ~ ~ N ~ ~ ~ , • Cp ~ ..~ ~ ~ ~~~ • .~ u ~ ~ ~. ;~ ~ ~~ .. ~~~ _,~~ ..~....~.~.__ .~~,t5 aurya .__..... i ~ ~ 1 EXHIBIT 3 ti, . . ;, :1 D ~ ~fpp i~~F ~ ~~~ ~ ~ o I Y~ m ~~ a o ~~~ c a t ~i"I' ; ~ c> raj o f ` r 7 giin~;~l!}~t A m v. N A ~z Wp F ~ a W ~ ~ S ~ ~ ~ .~ $ qS ~N ~ l e_ ~ Q ~ ~i u° d~ ~ J ~ ~ F- i - _- b ~ ~ s ~~ ~-" " r ~~ O d t~ t . , ~ ~~' ..[ f 5X ~J J !^'+ 1 = i RoN - 07~25~12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVWG CONDITIONAL USE PERMIT NO. 2012-14 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL 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 follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012-14 for a Type 20 Alcoholic Beverage Control (ABC) license, which allows the sale of beer and wine for off-premise consumption, for the property located at 3300 South Bristol Street. B. Conditional Use Permit No. 2012-14 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on July 25, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. Although this establishment does not meet the City's overconcentration standards, the State has deemed it to be over concentrated based on census tract data, which determines the number of off-premise alcohol outlets that are permitted within each census tract. This area is allowed three off-sale locations and three active licenses currently exist. The instant conditional use permit allows a fourth off-premise ABC license in this census tract, which results in an overconcentration of licenses as defined by the State. Therefore, a lefter of Public Convenience and Necessity (PCN) is required to address the State overconcentration issues. E. The Zoning Administrator determines that the fallowing findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: Resolution No. 2012-XX Page 1 of 7 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 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience #o the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. Moreover, the sales of alcoholic beverages at larger retail stores such as Target are intended for families and business professionals who are not typically associated with loitering or public intoxication, thus helping to reduce any potential impacts to surrounding businesses or residential neighborhoods. By adding beer and wine to the other items already offered in the store, Target can better serve the community by providing added convenience and none-stop shopping experience. 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 ABC license will not be detrimental to persons residing and working in the area. The use, as conditioned, will not create any negative or adverse impacts. Target is a national chairs that increasingly offers groceries as part of its business model. The company also has established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that beer and wine safes are handled in a responsible manner. 3. Wil! the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered Resolution No. 2012-XX Page 2 of 7 within the store and area in general. Target is the primary anchor tenant of the planned shopping center in which 'tt operates; its success assists in the leasing of other tenant spaces on the project site. Further, this will allow Target to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their normal retail operations. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor licenses, Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the District Center {DC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City`s economic and fiscal viability and that mitigate any potential impacts. F. 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 Revlew No. 2x11-36 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2012- 14 as conditioned in Exhibit "A" attached hereto and incorporated herein. In addition, the Zoning Administrator authorizes the Planning Commission to issue a Public Convenience and Necessity {PCN) Letter for the project. These decisions Resolution No. 2012-XX Page 3 of 7 are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated July 25, 2012, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of July, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney 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 July 25, 201.2. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution IVo. 2012-XX Page 4 of 7 Conditions for Conditional Use Permit No. 20'12-'14 Conditional Use Permit No. 2D12-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Cade, 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 2011-12. 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. The existing Shopping Cart Containment and Retrieval system shall remain operable and active during normal business hours. B. Police Department The police department recommends approval of this application based on an average crime rate in the area with the following mitigation measures. 1. No alcoholic beverages shall be consumed on arty property adjacent to the licensed premises under the control of the licensee. 2. The petitioner shall be responsible far maintaining free of litter the area adjacent to the premises over which he has control. 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. 4. There shall be na coin-operated games maintained on the premises at any time. Exhibit A Page 'I of 3 Resolution No. 212-XX Page 5 of 7 5. All public telephones shall be located on the interior of the premises. 6. 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. 7. The petitioners} shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC"} section 602, on the exterior of the premises. 8. it shall be the petitioners} responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The State of California Department of Alcohol Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 10. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for "Dinner Wines" which have been aged two years or mare and maintained in corked bottles. 11. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 12. Beer, malt beverages, and wine coolers in cantainers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 13. Wine shall not be sold in bottles or containers smaller than 750 ml. Beer coolers, wine coolers must be sold in manufacturer pre- packaged multi-unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m., each day of the week. 15. The Police Department shall review the operation after 90 days, six months, one year, and annually thereafter for modification or violations of any of the conditions of approval. Exhibit A Page 2 of 3 Resolution No. 2012-XX Page 6 of 7 16. Existing building and required parking must conform to the provisions of Chapter 8, Article li, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance}. These code conditions will require that the existing project's lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 17. Cash registers 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. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. Atimed-access cash controller or drop safe must be installed 21. Install a silent armed robbery alarm. Exhibit A Page 3 of 3 Resolution No. 2012-XX Page7of7 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JULY 25, 2012 TITLE: PUBLIC HEARING -~ FILED BY DOMINIC PAK FOR CONDITIONAL USE PERMIT NO. 2012-15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR SAIGON DE PHO RESTAURANT AT 2800 NORTH MAIN STREET, SUITE 1030 Prepared by Vern Carva'al RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVt=D © As Recommended ^ As Amended ^ Set Public Hearing For DENTED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ Planning anager Adopt a resolution approving Conditional Use Permit No. 2p12-15 as conditioned. Re oast of A licant Dominic Pak, representing Westfield Corporation, is requesting approval of 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 Saigon de Pho restaurant at 2800 North Main Street, Suite 1 Q30. Establishments that sell alcoholic beverages require a conditiona! use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), Pro'ect Location and Site Descri tion Saigon de Pho restaurant currently operates within an existing, 52-acre, multi-tenant commercial mall known as Westfield MainPlace that is located at the northwest corner of North Main Street and Mainplace Drive. The site is anchored by JC Penney, Macy`s, and Nordstrom department stores and contains numerous eating establishments. 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 large commercial shopping mall at 2800 North Main Street contains over one million square feet of tenant space and was constructed in 1987. Mall tenants share 4,987 parking spaces that are provided in sur#ace parking lots and garages. The site is surrounded by district center uses to the east, professional and administrative office uses to the south, the Santa Ana (Interstate 5) Freeway to the west, and the Garden Grove (State Route 22) Freeway to the north {Exhibits 1 and 2). Conditional Use Permit No. 2012-15 ,July 25, 2012 Page 2 Project Description Saigon de Pho restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the an-premise sale of beer and wine as part of the eating establishment fallowing its completion. The restaurant is a full service, approximately 2,750-square foot sit-down eating establishment with 2,075 square feet of interior restaurant space and 675 square feet of exterior patio area that holds approximately 78 seats. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are seven days per week from 10:00 a.m. to 11:00 p.m. The storage for alcoholic beverages will be located within two merchandiser areas near the kitchen that measure approximately 2.5 feel by 6.5 feet and 2.5 feet by 3.5 feet. There will be no display of alcoholic beverages. The overall storage of alcohol consists of approximately 25 square feet, which is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4). Project Background Saigon de Pha restaurant occupies an existing tenant space in Westfield MainPlace that once housed another retail operation until 2011. Because the previous space was used for retail and did not hold a conditional use permit to allow the on-site sale of alcoholic beverages, a new CUP is required to permit the sale of alcohol at the site. Saigon de Pho is a locally-owned and operated restaurant that specializes in Vietnamese cuisine. This business has been operating at the present location since June, 2012. Before occupying the present location, the tenants carried out extensive tenant improvements that involved modernizing the exterior facade of the restaurant with more contemporary architecture. In order to stare and sell alcohol, a conditional use permit is required. General Plan and Zonin Consistenc 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 General Commercial (C-2} zoning district. The C-2 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Conditional Use Permit No. 2012-15 July 25, 20'12 Page 3 Protect 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 wanking 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 detrimenta! 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. Conditional Use Permit No. 2412-15 July 25, 2412 Page 4 • 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 Saigon de Pho to remain economically viable and contributes to the overall success of Westfield MainPlace, 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 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 .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 a regional shopping center, Westfield MainPlace, contributes to the economic success of the city as a shopping and dining destination. Police De artment Anal sis 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 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 2800 North Main Street 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 above average in police-related incidents based on standards established under Business and Professions Code Section 23958.4. This site is located within Reporting District No. 121. No sensitive uses were found in the immediate area that might be impacted by this action. As a result, the Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. Conditional Use Permit No. 2012-15 July 25, 2012 Page 5 Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, the project site was pasted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to ail property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental {duality 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-~40 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. 2012-15 as conditioned. ~..~°' Verny Carvajal Senior Planner ~.~.. ~ _, 4 ~ It ~.'a`1~/ Vince Fregos ICP Principal Pla Baer--- VC:jm aplreportslCUP12-15 Saigon de Pha Type 41 ABC.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -- Location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan . ~. .,~,, a - - ~` _ 2 GARBEN GROVE ~' R1 O fi~fiE~Y~1V ---~ ~~ ~csrc«.v:c f~~ ~ r~sc ~ Ri ~_ I ~ ~ ; ~~F~ ~ ~`= PROJECTSIT~ -- -_ -- -- RI R1 R1 nl SD 77 -9~ ~ y R4 _ _ H - SD 59 o O R1 `Rl R!, i R 1 -~ O / ~ .-. ~}.., ~' Rl ~,c• ~ 50 O ~ Rl s Rt 9~ ~ P Z D-31 Ri R1 ,:. i. ~+ R1 ~ ~ 29 SD-65 Ri r. P R1 ~ RI Rt Ri -~ P R 1 R i F~~ ~ ..,-~, - Rt Ku:. R1 R1 e' ~-5 CS- R1 Rl o Ri HDII LL Rl R1 .,z-~ A7 CS~IB~ILAGRCULIUPAS..t CR OOI1~h1HLlAL F~.966+fTllil. RI 9NC~.EFAMILYRP3€)B~fil4L -B A1Po4NGh'CgflCA11LJN ((~ GOV+83~N41E3J7CETfIB2 Fp 1N05L~,11LYI~~9VCE G5.1 DOhSFA6a7AL~UTHhAWN A11 LI(~iTINIX1STFdAL R3 hi Lti~1P.E0Bd9NP1El1LTIPLE C7 ODMMIINiN(~lAh"Hi7N_ M~ HEAVfINDI}tiTPoAL FAh.91LYf~.9[?BJCc~ C1-hiO COh,FM.OOh1t.18~AL1ML3.4~t,V4DISIHCi MO FAILITARfOf6L>IIOfVS R4 ~11E~.ft8'~SIAPNZIFlIEVTS C2 C~;BtALOOFl~h16dCIA1 O OF8+19:1CE F~ 1~.9DBJ11.4LBTAT~ q C8liRAL@J9N~ P TONAL SJ 3fl7F1CCc4130Rt1INT C'. A CBJ1124L8119NESSAftflSf4lLLAC£ PCT] WiNhID COhIh4UMiV bLlkiOFiVIBJT ~ 3~FIC F'LNJ C4 Gl-ANNI~9-KXiiNGCB~tTH2 Ff~ 3~P.NN~1~D6+fMLiJEraCPFA6VT C5 AHIFJ'dALOCtdhAHY7AL \ CUP 2012-15 A T~t~ti SAIGON DE PHO TYPE 41 ABC '~ ~- ~y ~~~, ;;~~'~'~~ 2800 NORTH MAIN STREET #1030 - - _~~ ,~~-,~~ P L A I N I H G A N D B U I L D! N G A G E N C Y EXHiB1T 1 VICINITY MAP COMMERCIAL ~MM. 2 2 GARDEN GROVE FREEWAY ~ i ,~ . CITY OE ORANGE u J 4 V w ~ __._ a u 5. . 51 ILY RE51 COMM RC)AL INPI.ACE '9 OMM. 2 9 F 9 s~ 1r~aT DRIV ERaIAt ~\ z MM. Q CUP 2012-15 SAIGON DE PHO TYPE 4~ ABC ., 2800 NORTH MAIN STREET #1030 ~''~ ~~ P l A N N I N G A N D 8 U I E p I N G A G E N C Y LAND USE MAP EXH181T 2 EXHIBIT 3 Q w cn ` o¢ c~ a a.. ~ O - Z ~ U W LL C1~ F-- lL CA W L1. .~ W C1~ ~_ (!] C~ Z Y Q f1. Z Q ~- C1C W 2 k-- Z O ~- U O w F- O Z cri F Z ._..f a U Z Q J CL W I- (.~ 2 _~ X W a 0 K u 3 In L` ~ ~ ~ Uf N /' ~ ~ ~ ~ x Q. v ~ n~ z u cs < F ~ ~ N Vl ~ S F ~ sj ^ H ~~- V Z $ 4 ~ O ~ ~ ~ g ~ ~ z z ~ o ti ~ ~ ~ o ~ a ~ s~ s s r ~a ~~ Y ~ # V I z~ Y w ~~ # LL 0 k II Y s 0 0 J LL i11 0 d ROfi -- 07/25/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, SUITE 1030 BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CkTY 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- 15for aType 41 Alcoholic Beverage Control (ABC} license to aNow the on- premise consumption of beer and wine at the restaurant kocated at 2800 North Main Street, Suite 1030. B. Conditional Use Permit No. 2012-15 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on July 25, 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 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. 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 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. Moreover, the offering of alcoholic beverages allows Saigon de Pho to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site 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 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 five percent of the grass floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Resolution No. 20'f2-xx Page 2 of 7 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 of Santa Ana and its location within a regional shopping center, Westfield MainPlace, contributes to the economic success of 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 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. 2012-40 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-15 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 July 25, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of July, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney gy: Ryan O. Hodge Assistant City Attorney Resolution No. 2412-xx Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCEI~.YN 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 July 25,_2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resoiu#ion No. 2012-xx Page 4 of 7 Conditions for Conditional Use Permit No. 2012-15 Conditional Use Permit No. 2012-15 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 Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-12. 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 'ts available or the conditional use permit must be amended. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Baard and the Planning Commission must include the following items: a. One conventional rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 5. There shall be no gaming devices, such as goal tables, pinball machines, motion picture booths, etc, within the premises. 6. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). Exhibit A Page 1 of 3 Resolution No. 2012-xx Page 5 of 7 B. Police Department 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicants} responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicants}, with the exception of the patio area. 5. The applicant(s) or an employee of the licensees} will be present in the patio area at all times that alcoholic beverages are being served or consumed. 6. The applicants} shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 7. There shat{ 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. Amplified 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 41 on-sale beer and wine far 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. Exhibit A Page 2 of 3 Resolution N©. 2012-xx Page 6 of 7 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, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 14. Existing building must conform to the provisions of Chapter 8, Article IP, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project`s doarlwindow Pocking devices and addressing be upgraded to current code standards, Prior to issuance of a 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. 16. 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. There shall be no live entertainment, amplified music or dancing on the premises. Live entertainment includes but is not limited to strolling musicians, D.J`s and karaake. 20. Install a silent armed robbery alarm. 21. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 5:00 a.m. and 12 midnight. Exhibit A Page 3 of 3 Resolution lea. 2012-xx Page 7 of 7