HomeMy WebLinkAbout20130923_2013-17_301NSpurgeonSt.,
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RESOLUTION NO. 2013-17
ROH - 09/23/13
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 N0.2013-37 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
• 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 affeci 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 EI 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
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
• 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
• 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
•
ADOPTED this 23rd day of September 2013 by the following vote:
AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. ~valho, City Attorney
Ryan
ey
(6)
None (0)
Alderete (1)
None (0) ~ °~
J
Sean H. Mill
Vice Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the
certify the attached Resolution No._
resolution adopted by the Planning
Septemjber 23, 2013 .
Date: l ~ ~~~ ~~~
Planning Commission, do hereby attest to and
2013-17 to be the original
Commission of the City of Santa Ana on
L__. ~
~zu
Secreta of the Planning Commis ' n
City of Santa Ana
Resolution No. 2013-17
Page 6 of 14
• 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 ria or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The 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
• 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
Page 8 of 14
• SEPTEMBER 23, 2013
PAGE3OF4
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. Atimed-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
• 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.
•
r
Resolution No. 2013-17
Page 10 of 14
• 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 Califomia 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, musidnoise 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
SEPTEMBER 23, 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. 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
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.
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 Citys 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
• 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