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RESOLUTION NO. 2013-14
ROH - 08/26/13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013-15 AS CONDITIONED TO ALLOW
A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT N0.2013-16 AS
CONDITIONED TO ALLOW AFTER-HOURS OPERATION,
AND CONDITIONAL USE PERMIT NO. 2013-17 AS
CONDITIONED TO ALLOW A BANQUET USE, FOR THE
PROPERTY LOCATED AT 305 EAST FOURTH STREET,
UNIT 200
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. 2013-15 to
• allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2013-16 to allow after-hours operations, and Conditional
Use Permit No. 2013-17 to allow a banquet use, for the property located at
305 East Fourth Street, Unit 200.
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 August 26, 2013, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2013-15, Conditional Use Permit
No. 2013-16, and Conditional Use Permit No. 2013-17.
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. 2013-15 to allow for a Type 41
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 a
beneficial service that will help the Downtown area become
Resolution No. 2013-14
Page 1 of 14
• a destination point. Conditions have been placed on the
alcoholic beverage control license which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed license for a restaurant 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.
Additionally, the use 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 allow local businesses
and the downtown area to become a destination area.
• Moreover, the offering of various food offerings allows the
Downtown to remain economically viable and contributes to
the overall success of Downtown Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer and wine pursuant to Chapter 41 of
the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A variety of restaurants in 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
Resolution No. 2013-14
Page 2 of 14
• established for Conditional Use Permit No. 2013-16 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 to 1:00 a.m. on
Sunday through Thursday and 2:00 a.m. on Fridays and
Saturdays will allow the restaurant to remain competitive
with other restaurants in the area, and will help the
Downtown area become a 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 allow local businesses
and the downtown area to become a destination area.
Moreover, the offering of various food offerings 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 12:00 midnight.
• 5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2013-14
Page 3 of 14
• 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 all
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
• become a destination point. 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
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 become a destination area.
• Further, offering of various types of services is needed to
create an active downtown for local patrons and visitors.
Resolution No. 2013-14
Page 4 of 14
• 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. 2013-15 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein,
Conditional Use Permit No. 2013-16 as conditioned in Exhibit B attached hereto and
incorporated as though fully set forth herein, and Conditional Use Permit No. 2013-17
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
August 26, 2013 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 26th day of August 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval(7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
•
Resolution No. 2013-14
Page 5 of 14
//
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013-14 to be the original resolution adopted by
• the Planning Commission of the City of Santa Ana on August 26, 2013
Date: ~~ ~~ ! ~ C~yZ~GG
Secreta of the Plan omm" "ion
City of Santa Ana
•
Resolution No. 2013-14
Page 6 of 14
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
• EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2013-15
Conditional Use Permit Nos. 2013-15 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 rior 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:D0 a.m. and 12:00 a.m. unless
otherwise amended by the granting of Conditional Use Permit No. 2013-16
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.
•
Resolution No. 2013-14
Page 7 of 14
• AUGUST 26, 2013
PAGE 2 OF 4
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.
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.
Resolution No. 2013-14
Page 8 of 14
• AUGUST 26, 2013
PAGE 3 OF 4
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.
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, doodwindow 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. Atimed-access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
•
Resolution No. 2013-14
Page 9 of 14
• AUGUST 26, 2013
PAGE 4 OF 4
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. 2013-14
Page 10 of 14
• EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2013-16
Conditional Use Permit No. 2013-16 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 11:00 a.m. and 2:00 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.
Resolution No. 2013-14
Page 11 of 14
• AUGUST 26, 2013
PAGE 2 OF 2
8. There shall be no amplified sound used outside the building.
9. The storage of delivery vehicles is not allowed at this location.
10. No use of delivery vehicles with more than three a*els axles at this location.
Modified by Planning Commission on August 26, 2013.
11. This establishment must comply with Santa Ana Municipal Code Section
18-312 related to exterior noise.
12. Trash enclosure program shall be provided via plan check submittal.
13. Sign permits (both permanent and temporary) are under separate submittal.
14. Special events are subject to a Land Use Certificate where such activities
will take place outside of the restaurant building.
C
Resolution No. 2013-14
Page 12 of 14
• EXHIBIT C
Conditions for Approval of Conditional Use Permit No. 2013-17
Conditional Use Permit No. 2013-17 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. 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. The storage of delivery vehicles is not allowed at this location.
Resolution No. 2013-14
Paget 3 of 14
• AUGUST 26, 2013
PAGE 2 OF 2
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. Sign permits (both permanent and temporary) are under separate submittal.
13. Special events are subject to a Land Use Certificate where such activities
will take place outside of the restaurant building.
•
Resolution No. 2013-14
Page 14 of 14