HomeMy WebLinkAbout31B - CUP - 2800 N MAIN ST UNIT 868REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013-35 TO
ALLOW A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR APPLEBEE'S
RESTAURANT AT 2800 NORTH MAIN STREET,
UNIT 8 - PAT ICK E LBERG, APPLICANT
i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013-35 as conditioned.
PLANNING COMMISSION ACTION
On September 23, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2013-35 as conditioned by a vote of 5:0 (Gartner abstained; Alderete absent)
which approved a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and
distilled spirits for on-premise consumption at the Applebee's restaurant located at 2800 North
Main Street, Unit 868 in the General Commercial (C2) zoning district. The Planning Commission
made no changes to the recommended conditions of approval outlined in the attached staff
report (Exhibit A).
DISCUSSION
This project will allow for the sale and service of beer, wine and distilled at a new Applebee's
restaurant located in a previously-vacant space at the Main Place Mall.
FISCAL IMPACT
There is no fiscal impact associated with this action.
(4-?
Ja . Trevino
Executive Director
Planning & Building Agency
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vRreports\CUP\CUP1335 Applebees Type 47 ABC cc
Exhibit: A. Planning Commission Staff Report
31 B-1
31 B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 23, 2013
TITLE:
FILED BY PATRICK EULBERG FOR CONDITIONAL
USE PERMIT NO. 2013-35 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE
FOR APPLEBEE'S RESTAURANT AT
2800 NORTH MAIN STREET, UNIT 868
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Manag/r
Adopt a resolution approving Conditional Use Permit No. 2013-35 as conditioned.
Request of Applicant
Patrick Eulberg, on behalf of Apple SoCal, LLC, is requesting approval of a conditional use permit for
a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of
beer, wine and distilled spirits at Applebee's restaurant at 2800 North Main Street, Unit 868.
Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to
Section 41-196 of the Santa Ana Municipal Code (SAMC).
This is one of the first applications for an alcohol license CUP since the City revised Planning
Commission Resolution No. 89-7, which had delegated authority to the Zoning Administrator to act
on alcohol sales conditional use permits. Moreover, the passage of ZOA 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.
Project Location and Site Description
Applebee's restaurant is currently undergoing tenant improvements in order to operate within an
existing 52-acre, multi-tenant commercial mall known as Westfield MainPlace that is located at the
northwest corner of North Main Street and Mainplace Drive. The site is anchored by JC Penney,
Macy's, and Nordstrom department stores and contains numerous eating establishments.
EXHIBIT A
31 B-3
Conditional Use Permit No. 2013-35
September 23, 2013
Page 2
The Westfield MainPlace mall at 2800 North Main Street contains over one million square feet of tenant
space and was constructed in 1987. Mall tenants share 4,987 parking spaces that are provided in
surface parking lots and garages. The site is surrounded by residential and retail uses to the east,
professional and administrative office uses to the south, the Santa Ana (Interstate 5) Freeway to the
west, and the Garden Grove (State Route 22) Freeway to the north (Exhibits 1, 2, and 3).
Project Description
Applebee's restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to
allow the on-premise sale of beer, wine, and distilled spirits as part of the existing eating
establishment's operations. The restaurant will be a full-service, sit-down eating establishment that
holds approximately 220 seats within its 5,600-square foot dining room, with an additional 30 seats
in the 1,100-square foot outdoor patio. The on-premise sale of alcoholic beverages to customers is
intended to provide a service ancillary to the primary restaurant use. The proposed hours of
operation for the restaurant are seven days per week from 11:00 a.m. to 12:00 midnight.
The storage and display of alcoholic beverages will take place within rear employee-only areas and the
bar dining portion of the restaurant, respectively. The rear storage will occupy a separate room that will
function as a storage and office area, measuring 15 square feet, as well as locked storage cabinets
near the employee restroom, measuring nine square feet. The display area in the bar dining portion of
the restaurant will occupy 35 square feet. The overall storage and display of alcohol consists of 59
square feet, which is less than one percent of the floor area and is less than five percent of the gross
floor area of the restaurant. This falls below the Santa Ana Municipal Code's requirements for
establishments serving alcoholic beverages (Exhibits 4 and 5).
Project Background
Applebee's restaurant will occupy an existing tenant space in Westfield MainPlace that once housed
another restaurant, El Torito, which opened in July 2007. Coinciding with the restaurant's opening,
Conditional Use Permit Nos. 2007-08 and 2007-09 were approved for the site, allowing a Type 47 ABC
license and after-hours operations. However, after four years of operation El Torito restaurant closed
in October 2011. Because the present vacancy has exceeded over one year, a new CUP is required
to permit the sale of alcohol at the site. The applicant is not requesting a new CUP for after-hours
operations at this time.
Applebee's is a national chain of restaurants that specializes in traditional American cuisine. This
business has been carrying out various tenant and exterior improvements at the present location
since October 2012. Among these, fagade improvements, awnings, signage, and a decorative
tower feature will bring the tenant space into conformance with the latest Applebee's corporate
design standards.
31 B-4
Conditional Use Permit No. 2013-35
September 23, 2013
Page 3
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, such as this
restaurant. The project site is consistent with this General Plan land use designation.
The parcel is located within the General Commercial (C-2) zoning district. The C-2 zoning district
allows for retail and service uses such as restaurants, making the proposed use consistent with the
zoning designation.
Protect Analysis
Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use
Permit requests may be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use adversely will not affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
In analyzing the conditional use permit request, staff believes that the following findings of fact
warrant approval of the conditional use permit.
The proposed alcohol beverage license will provide an ancillary service to the restaurant customers
by allowing them the ability to purchase beer, 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.
31 B-5
Conditional Use Permit No. 2013-35
September 23, 2013
Page 4
• 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 Applebee's
to remain economically viable and contributes to the overall success of Westfield MainPlace,
helping to decrease the number of vacant tenant spaces that may affect the economic viability of
the site.
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant selling beer, 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 one 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 shopping center, Westfield MainPlace, contributes
to the economic success of the city as a shopping and dining destination.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale 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
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.
31 B-6
Conditional Use Permit No. 2013-35
September 23, 2013
Page 5
2800 North Main Street, Unit 868 is located in Reporting
26 percent above the average reporting for all districts,
established by the State for high crime. Conditions of
SAMC that are adequate to address any concerns.
Public Notification
District No. 161. This reporting district is
which is above the 20 percent threshold
approval are included as required by the
The project site is not located within the boundaries of an established Neighborhood Association.
However, staff contacted the president of the nearby Park Santiago Neighborhood Association, who
identified no concerns with the project. The project site was also 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, by phone, 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. 2013-65 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 No. 2013-35 as conditioned.
Vince Fregoso
Principal Planner
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Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Location Map
Exhibit 3 - Site Photo
Exhibit 4 - Site Plan
Exhibit 5 - Floor Plan
31 B-7
CUP 2013-35
APPLEBEE'S RESTAURANT TYPE 47 ABC
2800 NORTH MAIN STREET #868
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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
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31 B-8
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ROH - 09/23/13
RESOLUTION NO. 2013-18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2013-35 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 2800 NORTH MAIN STREET,
UNIT 868
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-
35 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC)
license to allow the sales of beer, wine and distilled spirits for the property
located at 2800 North Main Street, Unit 868.
B. Conditional Use Permit No. 2013-35 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
September 23, 2013.
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 Planning
Commission 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, 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
31 B-13
Resolution No. 2013-18
Page 1 of 8
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 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 Applebee's to remain economically viable and
contributes to the overall success of Westfield MainPlace,
helping to decrease the number of vacant tenant spaces that
may affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer, 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 one
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.
Resolution No. 2013-18
Page 2 of 8
31B-14
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 shopping center, Westfield
MainPlace, contributes to the economic success of the city
as a shopping and dining destination.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption applying to projects that
have no possibility of having a significant impact on the environment.
Categorical Exemption Environmental Review No. 2013-65 will be filed for
this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2013-35 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 Planning
Commission Action dated September 23, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 23rd day of September, 2013.
AYES: Commissioners: Bacerra, Crespo, Mill, Nalle, Yrarrazaval (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete(1)
ABSTENTIONS: Commissioners: Gartner (1)
Sean H. Mill
Vice Chairman
Resolution No. 2013-18
Page 3 of 8
31 B-15
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
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. 2013-18 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on September 23, 3013
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2013-18
Page 4 of 8
31 B-16
Conditions for Conditional Use Permit No. 2013-35
Conditional Use Permit No. 2013-35 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.
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 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit 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.
Exhibit A
Resolution No. 2013-18
Page 5 of 8
31 B-17
SEPTEMBER 23, 2013
PAGE 2OF4
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
("SAM") 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.
Resolution No. 2013-18
Page 6 of 8
31 B-18
SEPTEMBER 23, 2013
PAGE 3 OF 4
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.
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.
Resolution No. 2013-18
Page 7 of 8
31 B-19
SEPTEMBER 23, 2013
PAGE 4 OF 4
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. 2013-18
Page 8 of 8
31 B-20