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HomeMy WebLinkAbout20130513_2013-05_200NBroadwayROH - 05/13/13 RESOLUTION NO. 2013-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013-02 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND FROM 6:00 A.M. TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2013-07 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 200 NORTH BROADWAY 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. Applicant is requesting approval of: Conditional Use Permit No. 2013-02 to allow the restaurant's hours of operation to extend from 6:00 a.m. to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2013-07 to allow the restaurant to be used as a banquet facility as conditioned, for the property • located at 200 Broadway. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On May 13, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-02 and Conditional Use Permit No. 2013-07. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2013-02 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after-hours operation (opening at 6:00 a.m. and staying open from midnight to 2:00 a.m.) will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the after-hours operation will mitigate any potential Resolution No. 2013-05 Page 1 of 8 • 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 after hours at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 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 both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. • Moreover, the offering of a specialty delicatessen 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 operating after hours 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. A delicatessen that offers fresh food enhances the 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 Resolution No. 2013-OS Page 2 of 8 • E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2013-07 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the banquet use that 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 banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that • will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 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 both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. Moreover, the offering of a specialty delicatessen 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 Resolution No. 2013-05 Page 3 of 8 • restaurant operating a banquet facility 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. A delicatessen that offers fresh food enhances the 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. 2013-20 will be filed for this project. r J • Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2013-07 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 13, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of Mav 2013 by the following vote: AYES: Commissioners: Alderete, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Bacerra i Resolution No. 2013-05 Page 4 of 8 • APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Rye As: CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-06 to be the original resolution adopted by the /Planning Commission of the City of San'ta~Arna on May 13, 2013 . Date: ~' ~/ %~~ ~~~L ~<~~uICL ~ZGG~ R Secre ary of the P anning Com sion City of Santa Ana % Resolution No. 2013-05 Page 5 of 8 • EXHIBIT A Conditions for Approval of Conditional Use Permit Nos. 2013-02 and 2013-07 Conditional Use Permit Nos. 2013-02 and 2013-07 are 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 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. 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 opening or that are within the guidelines of the banquet conditional use permit. 3. Exterior patio and required rails are subject to a Public Works Agency Outdoor Dining Permit, and Planning Department approval. 4. Approval of a grease interceptor or grease trap is required by the Public Works Agency as required by the Fats, Oils, and Grease Ordinance (FOG). 5. The storage of delivery vehicles is not allowed at this location. 6. No use of delivery vehicles with more than three axels at this location. 7. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 8. Trash enclosure program shall be provided via plancheck submittal. 9. Sign permits (both permanent and temporary} are under separate submittal. 10. Special events are subject to a Land Use Certificate where such activities • will take place outside of the restaurant building. Resolution No. 2013-05 Page 6 of 8 • MAY 13, 2013 PAGE 2 OF 3 11. The premises shall at all times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 12. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 13. Queuing lines shall be managed in an orderly manner and 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. 14. Any 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 and only . after Public Works Approval has been secured. 15. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. 16. There shall be no exterior advertising of any kind or type, including window signs or other signs. 17. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be prohibited or subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 -Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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. • Resolution No. 2013-05 Page 7 of 8 • MAY 13, 2413 PAGE30F3 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. 23. The bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 24. Atimed-access cash controller or drop safe must be installed. • 25. Install a silent armed robbery alarm. 26. 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, 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. 27. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. 28. Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. • Resolution No. 2D13-05 Page 8 of 8