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HomeMy WebLinkAbout31A - CUP - 301 N SPURGEON STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013-36 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-37 TO ALLOW AFTER-HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013-38 TO ALLOW A BANQUET USE FOR THE EL MERCADO RESTAURANT AT 301 NORTH SPURGEON STREET - AMARYLLIS LOPEZ, APPLIC J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013-36 as conditioned, Conditional Use Permit No. 2013-37 as conditioned, and Conditional Use Permit No. 2013-38 as conditioned. PLANNING COMMISSION ACTION On September 23, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013-36 as conditioned for a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on-premise consumption; Conditional Use Permit No. 2013-37 as conditioned to allow after-hour operations; and Conditional Use Permit No. 2013- 38 as conditioned to allow a banquet facility by a vote of 6:0 (Alderete absent) at the El Mercado restaurant located at 301 North Spurgeon Street in the Transit Zoning-Downtown (SD84) zoning district. At the applicant's request, the Planning Commission amended Condition 3 of CUP No. 2013-37 to change the business hours from 1:30 am to 2:00 am (Exhibit A). DISCUSSION El Mercado will be a full-service, sit-down restaurant that will feature an indoor dining area, as well as a small outdoor patio. The restaurant will be located in an existing building at 301 North Spurgeon Street. The approval of these CUPS would allow for the sale and service of beer, wine, and distilled spirits in conjunction with food sales, extension of the hours of operation until 2:00 a.m., and the ability to hold banquet events. 31A-1 CUP Nos. 2013-36, 2013-37 & 2013-38 October 21, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. J . Tre vino Executive Director Planning & Building Agency HS:jm hs OMerc do\cupl 3-36thrul 3-38 ElMercado.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2013 TITLE: PUBLIC HEARING - FILED BY AMARYLLIS LOPEZ FOR CONDITIONAL USE PERMIT NO. 2013-36 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-37 TO ALLOW AFTER-HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013-38 TO ALLOW A BANQUET USE FOR THE EL MERCADO RESTAURANT AT 301 NORTH SPURGEON STREET Prepared by Hally Soboleske _ Executive Director PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public I learing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO f L 4Cl,L?g i. }-4t_ _ez 14r 2k Planning ManagA( RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2013-36 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013-37 as conditioned to allow after- hours operations. 3. Adopt a resolution approving Conditional Use Permit No. 2013-38 as conditioned to allow a banquet facility. DISCUSSION Request of Applicant Amaryllis Lopez is requesting approval of three conditional use permits for the proposed El Mercado restaurant at 301 North Spurgeon Street. Specifically, the applicant is requesting approval to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine, and distilled spirits pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), to allow the restaurant to remain open until 1:30 a.m. seven days a week per Section 41- 2007 of the SAMC and to allow a banquet use pursuant to Section 41-2008 of the SAMC. The passage of Zoning Ordinance Amendment No. 2012-03 (Ordinance No. NS-2847) amended Chapters 11 and 41 of the SAMC as they relate to alcohol and entertainment. Among these amendments, conditions for alcohol sales CUPs were standardized and codified. These new standards will apply to El Mercado. EXHIBIT A 31A-3 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 2 Project Location and Site Description The applicant proposes to operate El Mercado restaurant within the first floor of the historic Ritz Hotel in an existing 3,151 square foot tenant space that is located on North Spurgeon Street in the East End Marketplace adjacent to the Yost Theater. The business will occupy the corner unit on Spurgeon and Third Streets that is currently vacant, as well as a new outdoor patio area. The site is surrounded by a commercial property to the north, a private parking lot and commercial land uses to the south, a City-owned parking lot to the west, and commercial land uses to the east (Exhibits 1, 2 and 3). Project Description El Mercado restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer, wine, and distilled spirits to allow the restaurant to remain open past midnight, and to hold banquet events. The restaurant will be a full-service, sit-down eating establishment that consists of 1,848 square feet of interior seating area for approximately 93 patrons within its dining room and approximately eight seats outside in a 400 square foot outdoor patio. The on-premise sale of alcoholic beverages and banquet operation are intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are from 7:00 a.m. to 1:30 a.m. daily. The storage area for alcoholic beverages will be located near the rear of the restaurant as well as displayed in the bar seating area. The overall storage area for alcoholic beverages is approximately 100 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Project Backaround Amaryllis Lopez will serve as Dining Director, as she currently has at the two full service restaurants in the City of Orange called Anepalco's and Anepalco's Cafe. Daniel Godinez is a classically trained chef who is currently the chef at Anepalco's, and he will be moving to the El Mercado restaurant. El Mercado will specialize in Mexican food and fresh, innovative dishes. General Plan and Zoning Consistency 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. The project site is consistent with this General Plan land use designation. 31A-4 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 3 The parcel is located within the Transit Zoning Code (SD-84) zoning district in the Downtown (DT) sub-zone. The SD-84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after-hours operations and banquet facilities subject to issuance of a conditional use permit. This project is consistent with the SD-84 zoning designation. Project 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 working in the vicinity. • That the proposed use will not adversely 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 permits. Conditional Use Permit No. 2013-36 for a Type 47 ABC license El Mercado restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer and wine, as well as distilled spirits, as part of a bonefied eating establishment. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The applicant has not requested an entertainment permit; however, this permit is now subject to a separate ministerial review for issuance. The Police Department has asked that alcohol sales be limited to 9:00 a.m. to 12:00 a.m. unless an after-hours permit (CUP-2013-37) be approved. In that event, the Police Department requests sales of alcohol be limited to 8:00 a.m. to 2:00 a.m. 31A-5 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 4 This site does not have adequate space for onsite trash storage or an enclosure. Therefore a reciprocal trash agreement will be required to ensure proper trash disposal and storage. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits 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, wine, and distilled spirits 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 within an enclosed outdoor patio, and is incidental to the primary 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 nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Mercado to remain economically viable and contributes to the overall success of the downtown, 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, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • 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 full-service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its location within a regional destination, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Conditional Use Permit No. 2013-37 to allow after-hour operations Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed hours of operation are 7:00 a.m. to 1:30 a.m. daily. El Mercado proposes to be open for breakfast, 31A-6 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 5 lunch, and dinner. There are no sensitive land uses that will be adversely impacted from the restaurant's extended hours of operation. Uses such as residential properties and schools are not located within 150 feet of this location. Further, conditions of approval will prohibit the use of exterior amplified music and outdoor patio lighting from being directed towards other properties or the right-of-way. The proposed after-hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food-related amenity. The after-hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after-hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed after-hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after-hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after-hours dining will primarily occur within the premises and will not create adverse impacts. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after-hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. After-hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the downtown. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 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 which operates after-hours will provide a dining service to the residents of Santa Ana. Conditional Use Permit No. 2013-38 to allow a banquet facility El Mercado restaurant also proposes an ancillary banquet facility, which would allow the restaurant, or a portion of it, to be closed to the general public for private events. The intent is to operate a full service restaurant; however, private events may be allowed on certain occasions. Per the SAMC, 31A-7 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 6 banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The allowance of a banquet facility at the restaurant will be consistent with several downtown restaurants and will result in a restaurant that maintains a stronger economic viability due to the ability to host private events. • The proposed banquet facility will provide an ancillary service to the restaurant and their customers by providing a viable space to host special functions. This will benefit the community by providing a restaurant with an additional and complementary food-related amenity within the downtown area. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed banquet facility will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. Additionally, a banquet facility at this location will provide an ancillary service to the community. All banquets or private events will occur within the premises and are incidental to the primary 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 nearby restaurants that also offer a banquet facility for special events and functions. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, 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 operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • 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 a banquet facility will provide an additional dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on-sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal 31A-8 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 7 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 then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC [Business and Professions Code Section 23948.4(a)(1)], should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, which could result in a recommendation of denial. 301 North Spurgeon Street is located in Reporting District No. percent above the average reporting for all districts, which is established by the State for high crime. Conditions of approva SAMC that are adequate to address any concerns. Public Notification 185. This reporting district is 33 above the 20 percent threshold I are included as required by the The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants 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 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. 2013-40 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013-36, 2013-37 and 2013-38 as conditioned. Wally Soboleske Associate Planner Sergio'Klbtz, AICP Principal Planner HS:jm hs:OMerc dokup13-361hru13-38 ElMerudo.po 31A-9 CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 8 Attachments: Exhibit 1 -Vicinity Map Exhibit 2 - Location Map Exhibit 3 - Photo of location Exhibit 4 - Site Plan Exhibit 5 - Floor Plan 31A-10 SEVENTEENTH 51 C5 cl Cep- A C5 =;e R1 CI A L - IT C2 Rt R1 R1 p P1 z LS RI J pp _ S C sv w sv M ° Mt Ml SA,yTA ? Pt R 2 N , 11 Mz A2yA Cz CS sPl M an P1 C5 ASP-3 _ _Aa°{t M2 FR?.F yRt m3 O 'SPJ3 - em'u' z z, z c zmx 4 M3 ?zfl2 SP -3 ®a. ,I 1Tb p.,RR2a > Ml 0 I'z SP-3 y„' M M5 ?S II M2 O - O Mlp "' B O T R2 R3 ID SP-3 dC OrxRE ? 5Q.1? ? 51 aM -IT fi o+ ?- 5o M2 O .: ? ET 1:1 O p pl P j Em. ./ '" z O Ml R3 R3 @n is ?po*_ np' Pt?`P"r +? wQM E, M2- 5 4 oa SD-R„ Cx R2 P R2 SD-ea SD-B4 so- Rz c1 wR3 LR3 J C C 3u :on s 4 cx?? ? O M2N mx 2 MI Z M2 1T SDre SDA4 o+aM2 ?J 5 -=4_ SD-B4 rvaiSD I Cvz - M2 W Mz-rvn M2 Mrej C M2 C cR2 M2 Mz-??+ ,. ?nyi SD-s4 pppp//?? R2 M2 L FIRST ST. Al GENE AGRClLT1PALT CR OCMMEOALRESDENIIAL RI SNC.EFWILYRESDENTAL B FlWNGMWIHCATON Cc O?MENTCFNIER w TAOFAMILYFE.9DBJCE Gan COMMES]AL3 THMAIN Mt UCRTINWE7R!AL w MULTFLEDENSIYMWTRE Cl D MUNIWCCWIMEOAL M2 HFAWINDUS'R3AL FAMILYF DENM C1-MD SAM. CCMMEYSAUMUSJM DISMCT MO MIViAWCP TONS R1 S1W1 NAP FN7S C2 C8NH CCMMEIUAL O CT S m RE (ESDEWTALESTATE C3 canRALeUSN69 P PFCFES30NAL S) SF4RCDEV C MENT C3A fBN1ruLBl1SNE?AWS7NLIACE PCD PANNWCCMMUNIWDEHCFMENT ?RCRAN C4 PANNHD SfOFANG CENTER ('FO PANNED FESDENTIAL DEVAOPABNT C5 ARTEaALCCMMEMAL CUP 2013-36-RST, CUP 2013-37-AHR & k O CUP 2013-38-OTH ? EL MERCADO RESTAURANT - --500 FEET V=1000 FEET 301 NORTH SPURGEON STREET 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 JI 1 A- If F- 4 T H STREET cr I I N I C MME I A L I I CO E R C AL COMM. w I I cc: = YOST v MULTI - v THEATER Z FAMILY PARKING LOT I _,g w RESIDENCE w 3RD STREET FESTIVAL ¢ HALL ww w F_ u I- s MULTI- FAMILY RESIDENCE COMME RCIAL = Z `" O D w v °? l7 COMMERCIAL D a Ln CUP 2013-36-RST, CUP2013-31-AHR & CUP 2013-38-OTH EL MERCADO RESTAURANT 301 NORTH SPURGEON STREET 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 LAND USE MAP EXHIBIT 2 31A-12 A VU snn xis na ?xtonne ?w,rx t?Ik^l, v no,-? I 1NVNnVIS3a 00tl0213W l3 „ i'1`h ?4 d4as ?, I I ??? 13 III o 8» ?i rl ICI ?I W 1 ? V? A r t u? ?\ II !Io x l ?? ??? 1 III. a [? 12 u9 \vA?A? II W '-g ?I Ir 1I zSs \ \\ rIll ~ 5b ll U) O ill € Ah II p' /, (03N V) 1332115 N030HndS H1NON ? - _ ?? ? ?)? ?? ? ?? 5. f { a I , v )t r J I I_ _ _._ LI i3-u?inan ?urn• --i1=ya a ? 4 I? o SH S ? NIU i m..M INDI 30 O I nn 3n.s vm uwvi oavoa3wia ro ? t EC ? 8K ? ? d' gg e ?? { ? L ¢ F?9 ??@ °? i? ? ? ??Af a ? ? i gt 3 yp p ? ?? ? ? ' ? S ? ?F ? 43 i"s C ? a tl 4 00 0000 000000 0 z § i 9 ? d ? 8? de ?? YS w 5 9y i? tj i <o a3 e. e? ? a? 3 e o ? Q e b E P1111 0 z C? 8! ?? y'H, gygyg Y I,', ROH - 09/23/13 RESOLUTION NO. 2013-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013-36 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-37 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013-38 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 301 NORTH SPURGEON 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. Applicant is requesting approval of: Conditional Use Permit No. 2013-36 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2013-37 to allow after-hours operations, and Conditional Use Permit No. 2013-38 to allow a banquet use, for the property located at 301 North Spurgeon Street. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: the sale of alcoholic beverages for on-site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 23, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-36, Conditional Use Permit No. 2013-37, and Conditional Use Permit No. 2013-38. 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. 2013-36 to allow for a Type 47 ABC license: 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 alcohol beverage license will provide an ancillary service to the restaurant customers by allowing Resolution No. 2013-17 Page 1 of 14 31A-16 them the ability to purchase beer, wine, and distilled spirits 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. 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, wine, and distilled spirits 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 within an enclosed outdoor patio, and is incidental to the primary 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 nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Mercado to remain economically viable and contributes to the overall success of the downtown, 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, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of Resolution No. 2013-17 31A-17 Page 2 of 14 alcoholic beverages, which is below the maximum threshold established by 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 full-service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its location within a regional destination, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. 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. 2013-37 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 operations until 1:30 a.m. daily will allow the restaurant to remain competitive with other restaurants in the area, and to maintain the Downtown area as a regional destination point. Conditions have been placed on the after-hours operations 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 after-hours operations for a restaurant at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors 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 support local businesses Resolution No. 2013-17 Page 3 of 14 31A-18 and the downtown area as a destination area. Moreover, the variety of food offerings allows the Downtown to remain economically viable and contributes to the overall success of 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 12:00 midnight. 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 that is open past midnight contributes to the economic success of the city as a shopping and dining destination. F. 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. 2013-17 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 restaurant may close to the general public or a portion of the restaurant to allow for a banquet use. This will allow the restaurant to be used by the local community for private events and similar functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the Downtown area as a destination and gathering place. Conditions have been placed on the banquet operations 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 use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant Resolution No. 2013-17 Page 4 of 14 31A-19 operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. 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 local businesses and the downtown area to continue to be a destination area. Further, offering of various types of services is needed to create an active downtown for local patrons and visitors. 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 banquet hall. 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 varied needs for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors including the business community. G. 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. 2013-40 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013-36 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2013-37 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2013-38 as conditioned in Exhibit C 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 September 23, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2013-17 Page 5 of 14 31A-20 ADOPTED this 23rd day of September 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Sean H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013-17 Page 6 of 14 31A-21 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013-36 Conditional Use Permit No. 2013-36 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 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. 1. 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. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and midnight. unless otherwise amended by the granting of Conditional Use Permit No. 2013-37 for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41. 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, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. 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. Resolution No. 2013-17 Page 7 of 14 31A-22 SEPTEMBER 23, 2013 PAGE 2 OF 4 7. 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. 8. 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. 9. 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. If located on public property those barriers must be approved by the Public Works Agency. 10. 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. 11. 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. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free", "two for the price of one", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. 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. Resolution No. 2013-17 31A-23 Page 8 of 14 SEPTEMBER 23, 2013 PAGE 3 OF 4 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. 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. 19. 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. 20. Existing 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. 21. A timed-access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. 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. 24. 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. 25. Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. Resolution No. 2013-17 Page 9 of 14 31A-24 SEPTEMBER 23, 2013 PAGE 4 OF 4 26. Outdoor patio area will have the same type of railings as the rest of the businesses in the East End Marketplace. 27. Outdoor patio area will include potted plants to soften and decorate the area. 28. A reciprocal trash agreement with an adjacent property owner and/or trash plan will be required prior to issuance of a Certificate of Occupancy subject to Planning Department review and approval. 29. Any changes to the exterior of the building must be "in kind" and require additional plans due to the building's historic status. Resolution No. 2013-17 Page 10 of 14 31A-25 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013-37 Conditional Use Permit No. 2013-37 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 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 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. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 1:30 a.m. pursuant to this conditional use permit. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. 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. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013-17 Page 11 of 14 31A-26 SEPTEMBER 23, 2013 PAGE 2OF2 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 11. Trash enclosure program shall be provided via plan check submittal. 12. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. 13. Outdoor patio area will have the same type of railings as the rest of the businesses in the East End Marketplace. 14. Outdoor patio area will include potted plants to soften and decorate the area. 15. Since trash will not be stored on site, a reciprocal trash agreement will be required prior to issues of Certificate of Occupancy. Resolution No. 2013-17 Page 12 of 14 31A-27 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2013-38 Conditional Use Permit No. 2013-38 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 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. 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. A banquet facility is ancillary to the primary restaurant use. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 4. 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. 5. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 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 amplified sound used outside the building. 8. No use of delivery vehicles with more than three axels at this location. Resolution No. 2013-17 Page 13 of 14 31A-28 SEPTEMBER 23, 2013 PAGE 2 OF 2 9. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 10. Trash enclosure program and/or reciprocal trash agreement with an adjacent property owner shall be provided prior to issuance of a Certificate of Occupancy and is subject to the review and approval of the Planning Department. 11. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. 12. Outdoor patio area will have the same type of railings as the rest of the businesses in the East End Marketplace. 13. Outdoor patio area will include potted plants to soften and decorate the area. Resolution No. 2013-17 Page 14 of 14 31A-29 31A-30