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HomeMy WebLinkAbout31A - CUP -207 W SECOND UNIT AREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207 WEST SECOND, UNIT A — TIM�MORLEY, APPLICANT CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_1a7:TOVIAW ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -12 as conditioned, Conditional Use Permit No. 2013 -13 as conditioned, and Conditional Use Permit No. 2013 -14 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license for the on- premise sale and consumption of beer, wine and distilled spirits, Conditional Use Permit No. 2013 -13 as conditioned to allow after -hour operations, and Conditional Use Permit No. 2013 -14 as conditioned to allow a banquet facility by a vote of 6:0 (Alderete abstained) at The Volstead Restaurant located at 207 West Second Street, Unit A in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). This action will allow for a new restaurant to provide the sale and service of beer, wine and distilled spirits as an ancillary service to their operation, to allow the restaurant to be open past midnight and to allow for private banquets. 31A-1 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 9A2 Jay M. Trevino Executive Director Planning & Building Agency HS:rb hs: \Volstead \cup13- 13thru13 -14 Volstead.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY TIM MORELY FOR CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013.14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207 WEST SECOND, UNIT A Prepared by Holly Soboleske Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation �olillwitikq r • Planning Manager( Adopt a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license for the on- premise sale and consumption of beer, wine and distilled spirits. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -13 as conditioned to allow after -hour operations. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -14 as conditioned to allow a banquet facility. Request of Applicant Tim Morely is requesting approval of three conditional use permits for the proposed Volstead Restaurant at 207 West Second Street, Unit A. 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 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. EXHIBIT A 31A-3 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 2 Proiect Location and Site Description The applicant proposes to operate The Volstead restaurant within an existing two -story 8,384 square foot tenant space that is located on the Second Street Promenade in the Artists Village. The business will occupy both floors, as well as an outdoor patio area, The rear portion of the building will be used by another tenant. The historic building at 207 East Second Street was constructed in 1923 and is known as the South Counties Gas Building. It is currently listed on the Santa Ana Register of Historical Properties, and has been vacant for several years. The site is surrounded by a parking lot to the north, a vacant lot owned by Southern California Edison to the east, the Second Street promenade and historic Grand Central Art Building studios to the south, and various commercial and residential land uses in the historic Santora Building to the west (Exhibits 1, 2 and 3). Proiect Description The Volstead 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 8,384 square feet of interior floor space with seating for approximately 233 patrons within its dining room and lounge, and an 808 square foot outdoor patio with seating for forty -one, as well as a 1,089 square foot roof deck with seating for forty -six. 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 10:00 a.m. to 2:00 a.m. seven days a week. The storage area for alcoholic beverages will be located within a cooler near the rear of the restaurant. The overall storage area for alcoholic beverages is approximately 300 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). Proiect Background The Volstead restaurant is named for the National Prohibition Act which was informally known as the Volstead Act named for Andrew Volstead, chairman of the House judiciary committee who managed this legislation. The choice of this name supports the applicant's intent to create an environment reminiscent of a 1920s -era supper club. The Volstead proprietors propose to provide an upscale dining establishment serving steaks, seafood, and gourmet burgers, among other things. 31A-4 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 3 The building at 207 West Second Street has been vacant many years and was in an advanced state of disrepair, Its previous tenant was the Handlebar Saloon. The building was originally acquired by the City's Redevelopment Agency in about 1994 as part of the Artists Village project. Upon its purchase by Corbiz, LLC, the building was completely rehabilitated including repair and upgrade of structural members, window and door repair and replacement, repointing the exterior bricks, the installation of an elevator, and upgrading bathroom facilities. 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. 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. Proiec# 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. 31A-5 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 4 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 -12 for a Type 47 ABC license The Volstead is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine and distilled spirits. 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 proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 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 patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 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 use 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. 31A-6 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 5 The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital Investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2013 -13 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 10:00 a.m. to 2:00 a.m. seven days per week which is consistent with the operating hours of the other downtown restaurants. The Volstead proposes to be open for lunch and dinner. This building location is within the Downtown Artists Village, which has a combination of commercial, institutional and residential uses. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 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. 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 hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after - hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 31A-7 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 6 • 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. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. ConcTitional_ Use _Pen-nit No. 2013 -14 to allow a banauet facilit The Volstead restaurant also proposes an ancillary banquet facility, which would allow it to be used for private events only as an ancillary operation of the business. Per the SAMC, 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 following findings support the recommendation of approval for the banquet facility. • The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions, This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. • The proposed banquet facility permit at this location 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, a banquet facility at this location will provide a supplementary service to the community; all activities will occur within the premises and is incidental to the primary restaurant use. 31A-8 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 7 • 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 banquet facilities for special events and community 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Clement encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 207 West Second Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under B &P Code Section 23958.4. 31A-9 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 8 207 West Second Street is located in Reporting District No. 165. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification 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 -22 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 -12, 2013 -13 and 2013 -14 as conditioned. ally Sob r� eske Associate fanner HS:mr hsAVolsteadlcup13- 13lhru'13 -14 Volstead.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A -10 Sergio Klotz, AICP/ Principal Pla ner' uuul_rI ST. CI CI CS i SP-3 ,Pnqnou xoA enu 11,.,- flt } fll Rt x� nx F RI Ai RI AI ni suan SD -20 R1 GC �® RI P P A' P suss sD -55 FIRST SEVENTEENTH MMES (1C1 f1� (- FIRST Al MITALAORCULTUMLF CR IXMMMALIU!DWRAL RI SNGtEFAMILYRM0RIITAL. -B KFNM3MODIFTCATI0N Tx GOVEFNMENTCW R M IAMILYF DmJ ON CCMMEMALSlUTH MAIN MI LHTINDUSTRAL m MULnMDMTYMLLTIFIF C1 COMMUNINCOMMEFOAL M2 HEAVYINOLISIRAL FAMILYf DENCE C1 -MD COMM. C0MMuAIJMUG31M0IGMI7 MO MIL -DWO MONS P! 91tlUMAWARNIDn CZ CSNH LLi7MM6i]AL 0 GF@ISFACE W. R'BI)MALESTAM C3 CENTIALDU9NFb P FRGFESSONAL 91 9lE0FIGDla0FAQ4T C3-A CENTRALEAI9NE33ARRSTMLLAGE FCD FLANNDJCCMIMUNINDMOPMENT T EN.CIRCPWN 04 FLANNED9IOFMGCWI'E2 Pra RANN0F0DI3ffALDEa0WE4T C5 ARFRdALCOMML Al. CUP 2013-12,13 and 14 k TH E VOLSTEAD 191( 207 WEST SECOND STREET #A - - =500 FAT T'= 1000 FEET 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 I VICINITY MAP 31A-1 1 PARKING STRUCTURE COMMERCIAL OFFICE COMM. LIVE/WORK LOFTS COMM. ?p COMM. COMM. r LL J COMM. COMMERCIAL G 0 M M E R G 1 A L s_ J M,F.R. CUP 2013-12,13 and 14 THE VOLSTEAD 207 WEST SECOND STREET #A, P L A N N I N G A N D 6 U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 �' �� �� . . r j;, ...,�;�,�� ��� �, � 7t �yT d• i I13 f.� Y' � 1 � ^"7i 1 � t �� �' � ` 1 Y 1 1� _ J "{j' f i �'�± y l_ Ck -' � �� - � � i � 4 �F = � t `.` 3 ' ` L �4T' § -� _�--4 t R - ^ �}'"' � .10 ld / \}\ \ \\ 17) \3 \\ \ }:? q .10 ld Exhibit 4 31A-14 to is SIX J9\/ AOL,) 4A u / \}\ \ \\ Exhibit 4 31A-14 to is SIX J9\/ AOL,) 4A u e Ica & IOLLb VO'VNV VJ.NV5'I3 -22116 C1NL'M We: p n y& = ' g 9NId11(19 ONIIGIX�3 AO NdWAAONdk INVNaJ. d � p z 6 0 <k1�itl4tl<kkk�1 F 9 Q � y 4 3 sp� MINI llg�YYay 4yn gP �$E$�933� IV is p 5nnomr ,�mmmmmrimmmmmu�mimmmmiuwm¢mm d� , t t 1 i lo a�� 8 zl a _ of O i 4 z' 13 Exhibit 5 ;31A-15 ry n I � i i ROH - 10/28/13 RESOLUTION NO. 2013 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -12 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-13 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -14 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET, UNIT A 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 -12 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2013 -13 to allow after -hours operations, and Conditional Use Permit No. 2013 -14 to allow a banquet use, for the property located at 207 West Second 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 October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -12, Conditional Use Permit No. 2013 -13, and Conditional Use Permit No. 2013 -14. 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 -12 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 alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing Resolution No. 2013 -24 Page 1 of 16 31A -16 them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 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, 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 use less than five Resolution No. 2013 -24 Page 2 of 16 31A -17 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. 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 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 -13 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 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. 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. Resolution No. 2013 -24 Page 3 of 16 31A -18 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 hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 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 after - hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 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 open after midnight 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and Resolution No. 2013 -24 Page 4 of 16 31A -19 visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 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 -14 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility permit at this location 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, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises 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? Resolution No. 2013 -24 Page 5 of 16 31A-20 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 banquet facilities for special events and community 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. 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 a banquet use 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 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 -22 will be filed for this project. Resolution No. 2013 -24 Page 6 of 16 31A-21 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -12 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2013 -13 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2013 -14 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 October 28, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of October 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete (1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Sean H. Mill Vice Chairman 31A-22 Resolution No. 2013 -24 Page 7 of 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana 31A-23 Resolution No. 2013 -24 Page 8 of 16 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -12 Conditional Use Permit No. 2013 -12 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 rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The 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 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. Resolution No. 2013 -24 Page 9 of 16 31A-24 Cup No. 2013 -12 October 28, 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. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 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. All stanchions or barriers located on public property 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. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 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, karacke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Resolution No. 2013 -24 Page 10 of 16 31A-25 Cup No. 2013 -12 October 28, 2013 Page 3 of 4 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 Sections 12 -1 and12 -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: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2013 -24 Page 11 of 16 31A-26 Cup No. 2013 -12 October 28, 2013 Page 4 of 4 C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 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. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 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 -24 Page 12 of 16 31A-27 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013 -13 Conditional Use Permit No. 2013 -13 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. 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 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. 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 -24 Page 13 of 16 31A-28 Cup No. 2013 -13 October 28, 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 and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -24 Page 14 of 16 31A-29 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2013 -14 Conditional Use Permit No. 2013 -14 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 8:00 a.m. and 12:00 a.m. unless an after -hours conditional use permit is approved. 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 -24 Page 15 of 16 31A-30 Cup No. 2013 -14 October 28, 2013 Page 2 of 2 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 and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -24 Page 16 of 16 31A-31 31A-32