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HomeMy WebLinkAbout20130325_2013-04_307WFourthSt• RESOLUTION NO. 2013-04 ROH - 03/25/13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013-01 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 307 WEST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 01 for a Type 23 Alcoholic Beverage Control (ABC) license to allow a small beer manufacturer at 307 West Fourth Street. • B. A Type 23 license allows tasting of beer produced or bottled by the licensee either on or off the premises. The manufacturer may provide beer without charge for any tastings conducted pursuant to California Business and Professions Code Section 23357.3. Tasting, where beer is offered without charge, is limited to eight ounces per customer, per day with a Type 23 alcohol license. Patrons may purchase beer for consumption on site. C. Conditional Use Permit No. 2013-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing. on March 6, 2013. The Zoning Administrator remanded this item to the Planning Commission to review this project as it is the first Type 23 ABC license to be considered within the City. On March 25, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-01. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. E. 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? Resolution No. 2013-04 Page 1 of 7 • The proposed alcohol beverage license will provide a specialty retail use that will help the Downtown area become a destination point. 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. 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 small beer brewery 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 will serve both individuals and the local and regional business community. 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 businesses and individuals to purchase a unique and locally brewed craft beer mainly for local and regional consumption. Moreover, the offering of specialty retail allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, 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. 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. Resolution No. 2013-04 Page 2 of 7 • A small beer manufacturer provides a specialty retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. 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 Review No. 2012-57 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2013-01 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 March 6, 2013, and exhibits attached thereto; the Request for Planning Commission Action dated March 25, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of March, 2013. • AYES: Commissioners: Alderete, Crespo, Gartner, Mill, Nalle Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) - ~'~ <. Eric Alderete Chairman • Resolution No. 2013-04 Page 3 of 7 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 25. 2013. Date: ~'"~ ~',;~-~~ ~. ~~2 ~ Clerk of the Planning Commi ion City of Santa Ana Resolution No. 2013-04 Page 4 of 7 • • • Conditions for Conditional Use Permit No. 2013-01 Conditional Use Permit No. 2013-01 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 t0 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. 1. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and/or dancing and this establishment must not operate as such. 2. There will be no gatherings or parties at this location other than a Grand Opening event within 30 days of the beginning of beer manufacturing. 3. There shall be no enclosed patio area in conjunction with this business. 4. The storage of delivery vehicles is not allowed at this location. 5. No use of delivery vehicles with more than three axels at this location. 6. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 7. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 12:00 p.m. and 9:00 p.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Chapter 41 of the Santa Ana Municipal Code. 8. Anyone under the age of twenty-one (21) entering the micro-brewery must be accompanied by a parent or guardian. 9. No other brands of beer may be sold at this location other than what is manufactured at this facility. 10. 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. Exhibit A Page 1 of 3 Resolution No. 2013-04 Page 5 of 7 • 11. The applicant or an employee of the licensee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. 12. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 13. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of quality control. 14. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate 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. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. • 15. There shall be no promotions encouraging on-site consumption of alcohol. 16. No amusement machines or video games shall be maintained on the premises at any time. 17. All entertainment shall comply with Chapter 11 of the Santa Ana Municipal Code. 18. 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. 19. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 20. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 21. 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. 22. 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. Exhibit A Page 2 of 3 Resolution No. 2013-04 Page 6 of 7 • 23. Atimed-access cash controller or drop safe must be installed. 24. Install a silent armed robbery alarm. 25. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department prior to release of Certificate of Occupancy, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. The plan will include on how queuing lines shall be managed in an orderly manner and that all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. The security plan shall be submitted to the Police Department for approval prior to approval being sent to • the Department of ABC. 26. This land use authorization is only applicable to a Type 23 license. Any other type of license use at this location will require a new land use clearance. Exhibit A Page 3 of 3 Resolution No. 2013-04 Page 7 of 7