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HomeMy WebLinkAboutZA FULL PACKET 2012-04-10 1030 a.m.April 10, 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. 2. CONDITIONAL USE PERMIT NO. 2012-06 (Ali Pezeshkpour) Filed by Carlos Guaman, representing Said Cohen of Kenki Properties, Inc., to allow 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 La Tablita California Restaurant at 1327 East First Street located within the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 30, 2012 PUBLICLY NOTICED: March 29, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-06 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 _ ~ ~ - - /r ~_ ~E.. ~ ~~~#..~' ~3t~~ ~ ^ ~~~~~ elf ~: ~~~ ~~ CO:IT~iL ~ ~fil~~ti~T T ~'~~ ,I~T~`'l~~T STi~t~~T '~ ~-"~11 gin: t'~~e ;~ ~ - .~. ~.~. _:~: ,~ ~ ! E r. }. ~`' .i 4 . _ .. _-_ ~~~ ~~~~~ z ~ ~ : , ' . ~ Wit: ~iE ~ ~3 ~ ~ _ ~ ~P ~.y.~:., _. ,~.. - - ,. _~.~ ~~~~ ~ ~~~ ~~ _ . , ' art ~ ._ , ~ ~ ~ ~~ .... - _ .. -r ~~ Conditional Use Permit No. 201206 April 10, 2012 Page 2 within its dining room. The on-premise sale of alcaholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are Monday through Sunday from 9:00 a.m. to 10:00 p.m. Storage of alcoholic beverages will be located in a locked dry storage room and in refrigerated cases. There is no front display area for alcohol proposed for this project. The overall storage and display of alcohol consists of approximately 40 square feet, which is less than three 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 The restaurant occupies a 1,598 square foot space within astand-alone building that was constructed in 1985. The leased space once housed several previous eating establishments, none of which held a CUP or an ABC license. Because there is no existing CUP for the site, a new CUP is required to permit the sale of alcohol. I_a Tablita California Restaurant is a locally-owned and operated restaurant specializing in Mexican cuisine. This business has operated at the site since November 2011. In order to display and sell alcohol, a conditional use permit is required. General Plan and Zoning Consistenc The General Plan land use designation for the site is General Commercial {GC). General Commercial 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 code. Proiec# AnalYsFs Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Conditional Use Permit No. 2012-06 April 10, 2012 Page 3 • 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 farms 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 far 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. • 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 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 three percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Conditional Use Permit No. 2012-06 April 10, 2012 Page 4 • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. 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. The Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. The Police Department has determined that 1327 East First Street is located in Reporting District No. 225 and is considered average in police-related incidents based on standards established under Business and Professions Section 23858.4. The Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. In addition, conditions have been placed on the ABC license that will mitigate any potential negative effects. Public Notification The project site is located within the Saddleback View Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. In addition, 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. CEQA Com liance 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. 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Y".9 x ~ ~p (L f6~ ~ r o4 ~ a s 4 ~ r + _ w fl .9 .Y i € /\ / \ \ IlIN (n~ J .fL-.V .43 9 H 'n ~ ® ~ U u m ~ tD ~~ ~ o ~ . z 0 i .~ O e 3~ r , ~ Y o .~ ^ O O O 9 ~ - O O 0 J_ 8 ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ g ~ ~ u w 3 ~ ~ o : ~ r ~ ~ ,~ ~ ~ R ~ ~ ~ ~ ~ f Ll S g a " _°-z° EXHIBIT 4 ROH - 04/10/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-06 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1327 EAST FIRST 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- 06 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 1327 East First Street. B. Conditional Use Permit No. 2012-06 came before the Zoning Administrator of the City of Santa Ana far a duly noticed public hearing on April 10, 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 an 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 equipment necessary #o 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. 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. Resolution Ito. 2012-xx Page 2 of 6 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. 2011-82 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-06 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 April 10, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney Bv: 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 Agri! 1 D, 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. 2012-06 Conditional Use Permit No. 2012-06 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 fisted below rip or to exercising the rights conferred by this conditional use permit. The appFicant 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. 2011-34. 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 tide 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 grass 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 na conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 7. There shall be no outdoor sales or consumption of alcohol. Exhibit A Page 1 of 3 Resolution No. 2012-xx Page 4 of 6 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. 5. The applicant(s) shall be responsible #or maintaining free of fitter 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. All interior pay phones must be designed to allow outgoing calls only. 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 10:00 p.m. 9. Background musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 11. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at al! times that the premises are in operation. 12. This land use authorization is only for a Type 41 on-sale beer and wine, public-eating place, any other license use at this location will require a new land use clearance. Exhibit A Page 2 of 3 Resolution iVo. 2012-xx Page 5 of 6 13. 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. 14. 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. 15. This conditional use permit shall be reviewed at six months, atone year and then annually thereafter by the Police Department for any modification to the conditions of approval. Existing restaurant and required parking must conform to the provisions of Chapter $, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters, 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 15 must be complied with. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept #o 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. 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. 22. Install a silent armed robbery alarm. Exhibit A Page 3 of 3 Resolution No. 2012-xx Page 6 of 6